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October 25, 2001

October 25, 2001

 

SAN FRANCISCO PLANNING COMMISSION



SAN FRANCISCO
PLANNING COMMISSION

Meeting Minutes

Commission Chambers - Room 400
City Hall, 1 Dr. Carlton B. Goodlett Place
Thursday, October 25, 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 1:35 p.m.

STAFF IN ATTENDANCE: Gerald G. Green, Director of Planning; Larry Badiner, Zoning Administrator; Craig Nikitas; Paul Lord; Mary Woods; Ben Fu; Sara Vellve; Dan Sirois; Dan Sider; Michael Smith; Dario Jones; Nora Priego, Transcription Secretary; Linda Avery, Commission Secretary

A.          CONSIDERATION OF ITEMS PROPOSED FOR CONTINUANCE

The Commission will consider a request for continuance to a later date. The Commission may choose to continue the item to the date proposed below, to continue the item to another date, or to hear the item on this calendar.

1.          2001.0276C                                                              (LI: 558-6396)
439-441 STEVENSON STREET - south side between 6th and Mint Streets; Lot 035 in Assessor’s Block 3704 - Request for Conditional Use Authorization to establish an office use at the ground floor which will not provide on-site services to the general public within a C-3-G (Downtown General Commercial) District and a 90-X / 160-F Height and Bulk District. The proposal is to convert a blueprinting and publishing use to an office use. There will be no physical expansion of the existing building.
Preliminary Recommendation: Approval with conditions
(Proposed for Continuance to January 17, 2002)
SPEAKER(S):          None
ACTION:          Continued to January 17, 2002
AYES:          Baltimore, Joe, Lim, Salinas, Theoharis
ABSENT:          Chinchilla and Fay

2.          2001.1190C                      (SANCHEZ: 558-6679)
2801-2825 CALIFORNIA STREET - southwest corner at Divisadero Street; Lot 001 in Assessor’s Block 1028 - Request for Conditional Use authorization pursuant to Section 711.83 of the Planning Code to install a total of three antennas and GPS receiver on the roof with related connection to an equipment shelter within the basement of an existing three-story, mixed-use building, as part of Sprint PCS’s wireless telecommunications network within an NC-2 (Small-Scale Neighborhood Commercial) District and a 40-X Height and Bulk District. As per the City & County of San Francisco’s Wireless Telecommunications Services (WTS) Facilities Siting Guidelines the proposal is a Preferred Location Preference 5 as it is a mixed-use building within a high-density district.
Preliminary Recommendation: Pending
(Continued from Regular Meeting of October 11, 2001)
(Proposed for Continuance to November 15, 2001)

SPEAKER(S):          None
ACTION:          Continued to November 15, 2001
AYES:          Baltimore, Joe, Lim, Salinas, Theoharis
ABSENT:          Chinchilla and Fay

3a.          2000.541EKAHBCXT (LeBLANC: 558-6351)
350 BUSH STREET - a group of lots from Bush Street through to Pine Street and between Montgomery and Kearny Streets, Lots 2, 2A, 3, 22, 24, 25 and 26 in Assessor’s Block 269 - CEQA findings and request under Planning Code Section 309 (Downtown Project) for Determinations of Compliance and Request for Exceptions, including an exception to the Separation of Towers requirement, exceptions to the Bulk requirements and an exception to the Reduction of Ground Level Wind Currents requirement, for the construction of a 19-story, 250-foot tall building containing up to 344,500 gross square feet of office space, approximately 7,700 square feet of ground floor retail space, 7,055 square feet of public open space and 101 parking spaces. The Project also requires approval pursuant to: (1) Planning Code Sections 303, 204.5, 157 and 212(e) for Conditional Use authorization of a) off-street parking spaces in excess of the amount allowed as accessory and b) demolition of housing units; (2) Planning Code Sections 320-325 (Office Development Limitation Program) for the allocation of 344,500 gross square feet of office space, (3) Planning Code Section 302(c) for an Amendment to Article 11, Appendix B of the Planning Code; (4) Planning Code Section 1006 for a Certificate of Appropriateness for alteration of the San Francisco Mining Exchange Building, Landmark #113; and (5) Planning Code Article 11 for approval of a Permit to Alter for alteration of the Mining Exchange Building, rated Category II. This project lies within a C-3-O (Downtown, Office) District and within a 250-S Height and Bulk District.
                    Preliminary Recommendation: Approval with conditions

SPEAKER(S):          None
ACTION:          Continued to November 1, 2001
AYES:          Baltimore, Joe, Lim, Salinas, Theoharis
ABSENT:          Chinchilla and Fay

3b.          2000.541EXBCTHA (LeBLANC: 558-6351)
350 BUSH STREET - a group of lots from Bush Street through to Pine Street and between Montgomery and Kearny Streets, Lots 2, 2A, 3, 22, 24, 25 and 26 in Assessor’s Block 269 - Request under Planning Code Sections 320-325 (Office Development Limitation Program) for the allocation of 344,500 gross square feet of office space. The Project consists of the construction of a 19-story, 250-foot tall office and retail building, which also requires approval pursuant to (1) Planning Code Section 309 (Downtown Project) for Determinations of Compliance and Request for Exceptions; (2) Planning Code Sections 303, 204.5, 157 and 212(e) for Conditional Use authorization of a) off-street parking spaces in excess of the amount allowed as accessory and b) demolition of housing units; (3) Planning Code Section 302(c) for an Amendment to Article 11, Appendix B of the Planning Code; (4) Planning Code Section 1006 for a Certificate of Appropriateness for alteration of the San Francisco Mining Exchange Building, Landmark #113; and (5) Planning Code Article 11 for a Permit to Alter for alteration of the Mining Exchange Building, rated Category II. This project lies within a C-3-O (Downtown, Office) District and within a 250-S Height and Bulk District.
                    Preliminary Recommendation: Approval with conditions
(Proposed for Continuance to November 1, 2001)

SPEAKER(S):          None
ACTION:          Continued to November 1, 2001
AYES:          Baltimore, Joe, Lim, Salinas, Theoharis
ABSENT:          Chinchilla and Fay

3c.          2000.541EXBCTHA (LeBLANC: 558-6351)
350 BUSH STREET - a group of lots from Bush Street through to Pine Street and between Montgomery and Kearny Streets, Lots 2, 2A, 3, 22, 24, 25 and 26 in Assessor’s Block 269 - Request under Planning Code Sections 303, 204.5, 157 and 212(e) for Conditional Use authorization of a) off-street parking spaces in excess of the amount allowed as accessory and b) demolition of housing units. The Project consists of the construction of a 19-story, 250-foot tall office and retail building, which requires approval pursuant to: (1) Planning Code Section 309 (Downtown Project) for Determinations of Compliance and Request for Exceptions; (2) Planning Code Sections 320-325 (Office Development Limitation Program) for the allocation of 344,500 gross square feet of office space; (3) Planning Code Section 302(c) for approval of an Amendment to Article 11, Appendix B of the Planning Code; (4) Planning Code Section 1006 for a Certificate of Appropriateness for alteration of the San Francisco Mining Exchange Building, Landmark #113; and (5) Planning Code Article 11 for a Permit to Alter for alteration of the Mining Exchange Building, rated Category II. This project lies within a C-3-O (Downtown, Office) District and within a 250-S Height and Bulk District.
                    Preliminary Recommendation: Approval with conditions
(Proposed for Continuance to November 1, 2001)

SPEAKER(S):          None
ACTION:          Continued to November 1, 2001
AYES:          Baltimore, Joe, Lim, Salinas, Theoharis
ABSENT:          Chinchilla and Fay

3d.          2000.541EXBCTHA (LeBLANC: 558-6351)
350 BUSH STREET - a group of lots from Bush Street through to Pine Street and between Montgomery and Kearny Streets, Lots 2, 2A, 3, 22, 24, 25 and 26 in Assessor’s Block 269 - Request under Planning Code Section 302(c) for approval of an Amendment to Article 11, Appendix B of the Planning Code to allow for an addition to the San Francisco Mining Exchange Building to be set back 30 feet instead of 60 feet from Bush Street. The Project consists of the construction of a 19-story, 250-foot tall office nad retail building, which also requires approval pursuant to: (1) Planning Code Section 309 (Downtown Project) for Determinations of Compliance and Request for Exceptions; (2) Planning Code Sections 303, 204.5, 157 and 212(e) for Conditional Use authorization of a) off-street parking spaces in excess of the amount allowed as accessory and b) demolition of a housing units; (3) Planning Code Sections 320-325 (Office Development Limitation Program) for the allocation of 344,500 gross square feet of office space; and (4) Planning Code Section 1006 for approval of a Certificate of Appropriateness for alteration of the San Francisco Mining Exchange Building, Landmark #113; and (5) Planning Code Article 11 for approval of a Permit to Alter for alteration of the Mining Exchange Building, rated Category II. This project lies within a C-3-O (Downtown, Office) District and within a 250-S Height and Bulk District.
Preliminary Recommendation: Approval with conditions
(Proposed for Continuance to November 1, 2001)

SPEAKER(S):          None
ACTION:          Continued to November 1, 2001
AYES:          Baltimore, Joe, Lim, Salinas, Theoharis
ABSENT:          Chinchilla and Fay

3e.          2000.541XBCTHA (LIGHT: 558-6254)
350 BUSH STREET - a group of lots from Bush Street through to Pine Street and between Montgomery and Kearny Streets, Lots 2, 2A, 3, 22, 24, 25 and 26 in Assessor’s Block 269 - Request under Planning Code Article 11 for approval of a Permit to Alter for alteration of the Mining Exchange Building, rated Category II. The Project consists of the construction of a 19-story, 250-foot tall office and retail building, which also requires approval pursuant to: (1) Planning Code Section 309 (Downtown Project) for Determinations of Compliance and Request for Exceptions; (2) Planning Code Sections 303, 204.5, 157 and 212(e) for Conditional Use authorization of a) off-street parking spaces in excess of the amount allowed as accessory and b) demolition of housing units; (3) Planning Code Sections 320-325 (Office Development Limitation Program) for the allocation of 344,500 gross square feet of office space; (4) Planning Code Section 302(c) for an Amendment to Article 11, Appendix B of the Planning Code; and (5) Planning Code Section 1006 for a Certificate of Appropriateness for alteration of the San Francisco Mining Exchange Building, Landmark #113. This project lies within a C-3-O (Downtown, Office) District and within a 250-S Height and Bulk District.
                    Preliminary Recommendation: Approval with conditions
(Proposed for Continuance to November 1, 2001)

SPEAKER(S):          None
ACTION:          Continued to November 1, 2001
AYES:          Baltimore, Joe, Lim, Salinas, Theoharis
ABSENT:          Chinchilla and Fay

3f.          2000.541XBCTHA (LIGHT: 558-6254)
350 BUSH STREET - a group of lots from Bush Street through to Pine Street and between Montgomery and Kearny Streets, Lots 2, 2A, 3, 22, 24, 25 and 26 in Assessor’s Block 269 - Request under Planning Code Section 1006 for approval of a Certificate of Appropriateness for alteration of the San Francisco Mining Exchange Building, Landmark #113. The Project consists of the construction of a 19-story, 250-foot tall office and retail building, which also requires approval pursuant to: (1) Planning Code Section 309 (Downtown Project) for Determinations of Compliance and Request for Exceptions; (2) Planning Code Sections 303, 204.5, 157 and 212(e) for Conditional Use authorization of a) off-street parking spaces in excess of the amount allowed as accessory and b) demolition of a housing units; (3) Planning Code Sections 320-325 (Office Development Limitation Program) for the allocation of 344,500 gross square feet of office space; (4) Planning Code Section 302(c) for an Amendment to Article 11, Appendix B of the Planning Code; and (5) Planning Code Article 11 for a Permit to Alter for alteration of the Mining Exchange Building, rated Category II. This project lies within a C-3-O (Downtown, Office) District and within a 250-S Height and Bulk District.
                    Preliminary Recommendation: Approval with conditions
(Proposed for Continuance to November 1, 2001)
SPEAKER(S):          None
ACTION:          Continued to November 1, 2001
AYES:          Baltimore, Joe, Lim, Salinas, Theoharis
ABSENT:          Chinchilla and Fay

4.          2001.0605C                                                   (SANCHEZ: 558-6679)
510 FREDERICK STREET - north side between Willard and Stanyan Streets; Lot 006 in Assessor’s Block 1263 - Request for Conditional Use authorization pursuant to Section 710.83 of the Planning Code to install a total of three antennas and related equipment on the rooftop and an equipment shelter on the basement level of an existing four-story, mixed-use (residential above commercial) building, as part of Metro PCS's wireless telecommunications network within an NC-1 (Neighborhood Commercial Cluster District) a 40-X Height and Bulk District. As per the City & County of San Francisco's Wireless Telecommunications Services (WTS) Facilities Siting Guidelines the proposal is a Location Preference 2 (co-location site).
                    Preliminary Recommendation: Pending
          (Proposed for Continuance to November 15, 2001)

SPEAKER(S):          None
ACTION:          Continued to November 15, 2001
AYES:          Baltimore, Joe, Lim, Salinas, Theoharis
ABSENT:          Chinchilla and Fay

          5.          2001.0015Z          (WOODS: 558-6315)
                    1052 OAK STREET - north side between Divisadero and Scott Streets, Lot 5 in Assessor's Block 1216 - Request for reclassification of a portion (approximately 3,136 square feet) of Lot 5 (a part of the Touchless Car Wash site) from NC-2 (Small-Scale Neighborhood Commercial) District to RH-3 (Residential, House, Three-Family) District. Currently, the entire lot area, approximately 4,199 square feet, of Lot 5 is zoned NC-2. This reclassification is to allow the construction of three new residential units in accordance with Planning Commission Motion No. 16036 relating to a conditional use authorization approved on November 16, 2000 to expand the car wash.
                    Preliminary Recommendation: Adoption of the Draft Resolution for Reclassification.
          (Continued from Regular Meeting of September 20, 2001)
          (Proposed for Continuance to December 13, 2001)

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

B.          COMMISSIONERS' QUESTIONS AND MATTERS

          6.          Commission Matters

Commissioner Theoharis: Commissioners' Fay, Joe and Lim will be absent next week.
Commissioner Baltimore: She would like to see a presentation from the youth development corporation scheduled at a future hearing--if possible for the hearing of November 8, 2001.
Commissioner Salinas: He agrees with Commissioner Baltimore request and would like the presentation scheduled as soon as possible.
Commissioner Theoharis: Regarding community based planning, she would like information on who the community is, how these decisions will be made, etc.

C.          DIRECTOR'S REPORT

7.          Director's Announcements
Re: Planning Department Budget
On November 1, 2001, he will calendar and present the Department's
work program and explain where they are with the budget decisions that have been made.

          8.          Review of Past Week's Events at the Board of Supervisors and Board of Appeals
BOS:
Re: Housing, Transportation and Land Use Committee
- He appeared before the Housing, Transportation and Land Use Committee. He was asked by Supervisor Maxwell to participate in this hearing regarding the Interim Controls. Staff has completed an environmental review on this issue. Supervisor Maxwell and Supervisor Daly continued the item at the call of the chair. Basically, it was decided that the Planning Department take the lead in these Interim Controls. A lot was accomplished at this meeting.
- There was a request by the Bicycle Coalition for a bicycle plan and Mr. Paul Maltzer was there to provide a status report. Mr. Maltzer stated that in order to carry out some of the plan, an environmental report is necessary. There were concerns from some of the members of the coalition.
- The committee will also be discussing the jobs housing linkage program. I (The Director) was not able to stay for that in order to be here at the Planning Commission Hearing.

Re: Sunshine Ordinance Task Force
- He attended this meeting along with Ms. Linda Avery, Commission Secretary, regarding two complaints. One of these complaints was the way the Commission voted regarding 2258 Beach Street. The Task Force continued this matter. Staff was not able to comment or state their concerns.
- The other issue was a complaint of 176 Clipper Street where the department was mislead regarding an inaccurate and fraudulent notice as well as staff preventing a member of the public from speaking. The Task Force felt that the department did not comply with the relevant legislation since the notice, which was mailed out for 311 notice was incorrect. Although, another notice was sent out, all the recipients were not notified of this new notice. The task force requested that the department re-notice and schedule another hearing. Because of the fact that this case will be going before the Board of Appeals, he would like to have this process go forward.

BOA
Re: 1041 Lake Street
- The Commission took Discretionary Review on May 17, 2001 to approve an addition to a residential building. The Commission voted to remove the 4th floor. The board upheld the Commission's decision by a vote of +4-1.
Re: 144 Eddy Street
- There was an appeal to a letter of determination for 144 Eddy Street. This building has been vacant for 20 years. There was an argument from the Board of Appeals; this item was continued for 60 days in the hope that more affordable housing would be considered.

D.          REGULAR CALENDAR

9.                                                                                 (NIKITAS: 558-6306)
OFFICE ANNUAL LIMIT PROGRAM - Discussion and briefing on the status of office development administered under Section 321 of the Planning Code.

SPEAKER(S):          None
ACTION:          Informational Presentation Only

10.          2001.0268T (LORD: 558-6311)
INTERNET SERVICES EXCHANGE - Consideration of an Ordinance amending the San Francisco Planning Code by amending Section 209.6, 790.80 and 890.80 to define Internet Services Exchange as a new use within the utility installation category; by amending Section 178, 227, 234, 303, 803, 817, 818, 907, 908, 912 and 913 to establish requirements for a Conditional Use authorization for Internet Services Exchanges; by amending Section 204 to include certain Internet Services Exchanges as an accessory use; and making findings of consistency with the General Plan and Priority Policies findings of Planning Code Section 101.1.
                    Preliminary Recommendation: Approval

SPEAKER(S):
(-) Tim Tosta – Steffel, Levitt and Weiss
- They have worked on two or three of these facilities.
- He has been in touch with various developers because there is a fourth facility
- He has had no complaints to any of the Internet switching stations for many years.
- The issue of energy is a very complex one.
- There is an internal conflict in the CU provisions which he sees coming.
ACTION:          Legislation Adopted
AYES:          Baltimore, Chinchilla, Joe, Lim, Salinas, Theoharis
ABSENT:          Fay
RESOLUTION:          16265

          11.          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: Approval with conditions
                    (Continued from Regular Meeting of October 4, 2001)

SPEAKER(S):
(+) David Silver – Reuben and Alter – Representing Project Sponsor
- The demolition will allow the construction of three new dwelling units.
- DBI has determined that this building has to be demolished.
- A 15-foot setback will not benefit any of the neighbors. Not one of the neighbors has asked to have a setback. There are various neighbors who have supported the project as proposed.
- The project architect is here in case Commissioners have any questions.
ACTION:          Approve the project with the following conditions: roof deck not be allowed; 2nd penthouse be eliminated; work with DBI on 1st penthouse and eliminate if possible; add a 15-foot setback.
AYES:          Baltimore, Chinchilla, Joe, Lim, Theoharis
NAYES:          Salinas
ABSENT:          Fay
MOTION:          16266

          12.          2001.0336C          (FU: 558-6613)
                    3579 FOLSOM/495 CHAPMAN - at the intersection of Folsom and Chapman Streets. Lot 42 in Assessor's Block 5627 - Request for authorization of a Conditional Use for the creation of one lot with a width less than 25 feet and an area of less than 1,750 square feet in an RH-1 (House, One-Family) District and a 40-X Height and Bulk District, per Section 121 of the Planning Code, and within the Bernal Heights Special Use District.
                    Preliminary Recommendation: Disapproval
(Continued from Regular Meeting of September 6, 2001)

SPEAKER(S):
(+) Mourice Matamoros – Project Sponsor
- He would like to build a single-family home.
- This home will include a two-car garage. He applied for this for many years, yet it was denied until he found out why. He hired an engineer to design the space according the requests made by the Planning Department.
- He has had contact with the Bernal Heights Association yet unfortunately they oppose the project.
- He has been paying taxes on this property for many years so he would like to build his home there.
(-) Pat Hughes
- She has lived on Folsom Street for about 22 years.
- She observes the traffic all the time since she lives on the corner.
- There are various traffic problems.
- If the square footage of the property is increased, it will be more difficult to see around the corner.
- She maintains a garden and it will be very difficult
(-) Lisa Luchansy
- She lives on Folsom Street.
- The lot is not an  eye sore .
- She chose this neighborhood because it was quiet and quaint.
- The street has a very difficult grade. If this house is built with the square footage requested, it would be tremendously difficult to view cars coming up the hill or going down the hill.
(-) Sharlot Williams
- She lives on Chapman Street.
- Recently there was a big accident in this neighborhood and the Fire Department was not able to get up the hill since it is very steep.
- There have been close head on collisions because of the location of the intersections.
- When she walks out the door, she literally is on the street.
- She is concerned about her safety and the safety of her neighbors.
(-) Terry Milne – Bernal Heights East Slope Design Review Board
- The board requests that the Commission deny this proposal.
ACTION:          Project Disapproved
AYES:          Baltimore, Chinchilla, Joe, Lim, Salinas, Theoharis
ABSENT:          Fay
MOTION:          16267

13a.          2001.0781CR                     (VELLVE: 558-6263)
                    2155 – 18TH AVENUE - (San Francisco Fire Department Station #40), west side between Quintara and Rivera Streets, Lot 003, Assessor’s Block 2199 - Request for General Plan Referral to install a total of three (3) panel antennas and related equipment at an existing two-story publicly-used structure (a fire station) as part of Metro PCS’s wireless telecommunications network within a RH-1 (House, One Family) Zoning District, and within a 40-X Height and Bulk District.
                    Preliminary Recommendation: Finding of conformity with the General Plan.
                    (Continued from Regular Meeting of October 18, 2001)

SPEAKER(S):
(+) Debra Stein – Representing Metro PCS
- Although this was not the first choice for Metro PCS, they were able to adjust their network and allow this site as an antenna installation location.
- There were community meetings held; yet no one attended.
- There were meetings at the fire station and no one attended either.
- There was one firefighter who had health concerns and they will be meeting with her individually.
(-) Man Hung Ng
- He submitted a letter of opposition to the Commissioners.
- He would like to protest quite strongly the installation of these antennas.
- Lincoln High School and Herbert Hoover High School are located close to this location. He is concerned for the health of the students of these schools.
- He hopes that the Commission considers the health of the people who live near this location.
ACTION:          Approved
AYES:          Baltimore, Chinchilla, Joe, Lim, Theoharis
NAYES:          Salinas
ABSENT:          Fay
MOTION:          16269

13b.          2001.0781CR                     (VELLVE: 558-6263)
2155 – 18TH AVENUE - (San Francisco Fire Department Station #40), west side between Quintara and Rivera Streets, Lot 003, Assessor’s Block 2199 - Request for Conditional Use Authorization pursuant to Section 209.6(b) of the Planning Code to install a total of three (3) panel antennas and related equipment at an existing two-story publicly-used structure (a fire station) as part of Metro PCS’s wireless telecommunications network within a RH-1 (House, One Family) Zoning District, and within a 40-X Height and Bulk District. As per the City & County of San Francisco’s Wireless Telecommunications Services (WTS) Facilities Siting Guidelines the proposal is a Location Preference 1 (Preferred Location – Publicly-Used Structure).
Preliminary Recommendation: Approval with conditions
                    (Continued from Regular Meeting of October 18, 2001)

SPEAKER(S):          Same as those listed in item 13a.
ACTION:          Approved
AYES:          Baltimore, Chinchilla, Joe, Lim, Theoharis
NAYES:          Salinas
ABSENT:          Fay
MOTION:          16268

14.          2001.0708C                                                             (SIROIS: 558-6313)
201-225 WEST PORTAL AVENUE - south side of West Portal Avenue, between Vicente and 14th Avenue, Lots 23 & 24, Assessor’s Block 2989B - Request for Conditional Use Authorization to convert commercial space from a full-service restaurant use to business or professional service uses in the West Portal Avenue Neighborhood Commercial District in a 26-X Height and Bulk District, pursuant to Planning Code Sections 729.1 and 790.108.
Preliminary Recommendation: Approval with conditions

SPEAKER(S):
(+) Ron Wallis – Project Architect – Representing the Owners
- The owners of the firm Northshore Resources also own several buildings in the City.
- The restaurant space where Northshore Resources would like to move have had several names. It has been vacant for periods of time because of remodeling. Eventually the owners decided to give it up and sell the property.
- This proposal is consistent with the West Portal community.
(+) Deborah Udin – Sales Manager for Zephyr Real Estate
- She has managed several businesses on West Portal.
- The use of the real estate office would be a negative impact on the parking as opposed to a successful restaurant.
- The merchants are concerned about parking.
-          The use of the real estate office would be negative for the area.

(+) Olive Fox – Real Estate Broker – Fox and Fox Properties
- Her and her husband have been at this firm for more than 30 years.
- They patronize the merchants of West Portal.
- Together, they will be an asset and not a detriment to the residents.
- She has signatures of 21 of the merchants who support this proposal.
(+) Bill Drypolcher – Owner of Zephyr Real Estate
- They have proposed a merger with Fox and Fox and move intend to the 215 West Portal offices.
- This merger will allow an independent real estate office to become larger.
- They are trying to fight with the  big guys.
- This larger space will accommodate more realtors.
- Parking is an issue but they have come up with several ideas: 1) they have approached one of the title companies on the street and they have given up one parking space. They are trying to get two more from this title company; 2) they will get a parking sticker; 2) set up a model for outreach and several residents are willing to rent their garages. They would like to leave the parking meters for their clients.
(+) David Cooperman, CPA
- There have been so few people going to the restaurant therefore the change of use is the best idea.
- He needs more space for his business.
- He hopes that the Commission approves this proposal.
ACTION:          Approved
AYES:          Baltimore, Chinchilla, Joe, Lim, Salinas, Theoharis
ABSENT:          Fay
MOTION:          16270

E.          DISCRETIONARY REVIEW HEARING

At Approximately 4:00 PM the Planning Commission convened into a Discretionary Review (DR) Hearing to hear and act on Discretionary Review matters.

15.          2001.0897D                                (SIDER: 558-6697)
                    747 – 3rd STREET - northeast side between King and Townsend Streets, Lot 005 in Assessor’s Block 3794 - Mandatory Discretionary Review of a  Dance Hall Keeper / Place of Entertainment Police Permit at a property within the proposed Ballpark Vicinity Special Use District pursuant to Planning Commission Resolution Number 14844. The subject property is an existing restaurant and bar ( Curve Bar and Restaurant') located in an M-2 (Heavy Industrial) Zoning District, a 105-F Height and Bulk District, a Mixed-Use Housing Zone, and the proposed Ballpark Vicinity SUD.
                    Preliminary Recommendation: Take Discretionary Review and approve the project as proposed, with conditions.

SPEAKER(S):
(+) John Mathini
- The opened the restaurant about 3 months ago.
- They would like to create a venue to support the local music and entertainment scene in San Francisco.
- The neighbors support this proposal.
- This will be very good for the area.
(+) Jeffrey Leibovitz – Rincon Point South Beach CAC
- It is important that conditions be put on the operator. There have been problems in the past and he hope that these conditions are clear to the operator.
- This sponsor will bring some life to the area. He supports this proposal.
(+) Scott Durquin
-          It is great to have some entertainment after ball games.

(+) Scott Ruble
- The area around the ballpark has opened up a lot of new and existing businesses.
- Many of these new businesses are geared toward ballpark business. In the time when it's off-season, many of the businesses are scrambling for clients.
- It would be great that this business will have its business open during the off-season.
ACTION:          Take Discretionary Review with the following condition: Property Maintenance. Upon approval of the conditional use authorization, the property owner shall maintain the main entrance to the building and all sidewalks abutting the subject property in a clean condition. Such maintenance shall include, at a minimum, daily litter pickup and disposal, and washing or steam cleaning of the main entrance and abutting sidewalks at least once each two weeks.
AYES:          Baltimore, Chinchilla, Joe, Lim, Salinas, Theoharis
ABSENT:          Fay

16.          2001.0663D                                                                       (SIDER: 558-6697)
                    761 – 3RD STREET - north corner of King Street, Lot 005 in Assessor’s Block 3794 - Mandatory Discretionary Review of an  Extended Hours Premises Police Permit at an existing large fast food restaurant ( Happy Donuts'). The subject property is within the Ballpark Vicinity Special Use District (BVSUD), which allows large fast food restaurants (as defined by Planning Code Section 890.91) only as Conditional Uses. The existing facility was established prior to this requirement and thus is a nonconforming use (pursuant to Planning Code Sections 180 through 185). The proposal would allow the facility to operate lawfully 24 hours each day and thus involves the intensification of an existing nonconforming use. While this proposal would ordinarily require Conditional Use Authorization, under Planning Commission Resolution Number 14844, all BVSUD controls are currently enforced with Discretionary Review powers. The property is located in an M-2 (Heavy Industrial) Zoning District, a 105-F Height and Bulk District, a Mixed-Use Housing Zone, and the proposed BVSUD.
Preliminary Recommendation: Do not take Discretionary Review and approve the project as proposed.

SPEAKER(S):
(+) Man Lee
- He agrees with staff's report.
- He is available for questions.
(+) Jeffrey Lievobitz
- He supports this project.
(+) Terry Milne
- The conditions will be beneficial to the neighborhood.
- He is in agreement with this proposal.
ACTION:          Take Discretionary Review with the following condition: Property Maintenance. Upon approval of the conditional use authorization, the property owner shall maintain the main entrance to the building and all sidewalks abutting the subject property in a clean condition. Such maintenance shall include, at a minimum, daily litter pickup and disposal, and washing or steam cleaning of the main entrance and abutting sidewalks at least once each two weeks.
AYES:          Baltimore, Chinchilla, Joe, Lim, Salinas, Theoharis
ABSENT:          Fay

17.          2001.0917DD                                                                       (SIDER: 558-6697)
                    725 CAROLINA STREET - east side between 20th and 22nd Streets, Lot 047 in Assessor’s Block 4097 – Request for Discretionary Review of Building Permit Application numbers 2000.12.22.8567 and 2000.12.22.8564 proposing to demolish an existing single-family house and construct a new two-family dwelling 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 the project as proposed.

SPEAKER(S):
(-) Daniel Conrad – 1st DR Requestor
- He lives on Carolina Street.
- He filed the DR because of the demolition permit. He does not believe that this property should be demolished. The house has been inhabited in the last 15 years.
- This house is also part of the neighborhood character.
- This part of Potrero Hill has a very uniform character.
- He prefers that the house be remodeled.
- No one opposes the 2nd unit, yet he believes there are ways this property can be remodeled.
(-) John Diaz – 2nd DR Requestor
- He is concerned with the height and mass of the proposed project.
- Various neighbors have made additions to their homes around the neighborhood.
- They are concerned with the height, views and respect of the topography of the rear area.
- He basically does not want a solid wall in the backyard.
(-) Tom Jones
- He lives on Carolina Street.
- He did some studies regarding this project.
- All the neighbors have yards that step down. There are a series of different levels of back yards.
- The vertical and horizontal impact is quite big.
- He has spoken to the project sponsor regarding alternatives to his project.
- He encouraged the project sponsor to go deeper and have a series of setbacks.
(-) Tracy Diaz
- She lives on Carolina Street
- She has lived there for 15 years.
- She has three issues: 1) height of the building--A four story building does not fit on Carolina Street; 2) the depth and mass of the building--the building is too imposing for the lot; 3)  domino effect --one person goes up, then the next person goes up, etc.
(-) Diana Bowen
- She has lived on Carolina Street for 9 years. Her house is quite small.
- She agrees with her neighbors about preserving the character of the neighborhood.
- She realizes that the current structure is very outdated and small but it could be greatly improved and a new building could provide more housing in addition to off street parking where there is currently none at all.
- She hopes that the project sponsor will be willing to work with the neighbors and reach a harmonious compromise.
(-) Irma Orantes
- She grew up on Potrero Hill.
- What has been happening to Potrero Hill has been devastating.
- The quality of life has gone down on Potrero Hill.
- The residents are opposing these kinds of buildings because the neighbors need the space and need the light.
(-) Foster Reed
- He lives across the street from the proposed project.
- He thinks that this project is out of scale.
- If these large buildings are continued to be allowed, the character of the neighborhoods will start to degrade.
(-) Dale Freeman
- He has lived on Carolina Street for 20 years.
- His concern is similar to the previous neighbors.
- The proposed structure would alter the character of the neighborhood.
- He hopes that the Commissioners encourage the developer to continue to work with the neighbors and listen to their concerns.
(-) Ira Dorter
- He lives across the street from the proposed project.
- They are a cohesive community.
- The neighbors would like to keep the character of the neighborhood.
- The developer could well incorporate the existing building into his remodeling plans.
- He read a letter from a neighbor, Nancy Fenton, who is opposed to the project.
(-) Mike Harim
- He is the immediate downhill neighbor.
- He is opposed to this project because of the depth of the project as well as the height since this will cause them to loose light and air.
- He hopes the plans can be modified someway.
(+) Joseph Bradford – Project Sponsor and Owner
- Some of the Planning issues are 1) demolition vs. remodel and 2) height and bulk of the building.
- He had neighborhood meetings for many months. There were quite a few issues that he has addressed already.
- His building is the smallest on the block.
- He believes that he has gone above and beyond and has revised the construction plans to something that is manageable for the neighborhood.
(+) Haley Parsons
- She lives on Caroline Street
- They have lived in Potrero Hill for many years.
- They have been meeting with the neighbors for a long time.
- There are various amenities that this house does not have.
- This is a very small house.
- She does not foresee that this house will cause a  domino effect.
(+) Jerry Agusta
- He lives on Carolina Street
- He believes that the project sponsor should be commended for working with the neighbors.
- This is a house that everyone can embrace.
(-) Samuel Visani
- This project is totally incompatible with the neighborhood.
- There have been various projects in the neighborhood that have not gone over three stories--that have been sensitive to the neighborhood.
ACTION:          Public comment closed on original project. Project continued to November 15, 2001. Public comments open on any new proposal.
AYES:          Baltimore, Joe, Lim, Salinas, Theoharis
NAYES:          Chinchilla
ABSENT:          Fay

18.          2001.0589D                                                                       (SMITH: 558-6322)
4426 – 24TH STREET - north side of the street between Hoffman Street and Grandview Avenue, Lot 008 in Assessor's Block 2828 - Request for Discretionary Review of Building Permit Application No. No 2001/03/21/4914 proposing to alter the existing single-family dwelling by constructing a three-story rear horizontal addition with a second floor deck and raise a portion of the existing roof line by approximately five feet, located in a RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.
Preliminary Recommendation: Do not take Discretionary Review and approve the project as proposed.

SPEAKER(S):          None
ACTION:          Without Hearing. Discretionary Review Withdrawn.

19.          2001.0146DD                                                                       (JONES: 558-6477)
626 – 29TH STREET - north side of 29th Street between Castro and Diamond Streets, Lot 009 in Assessor’s Block 7536 - Request for Discretionary Review of Building Permit Application No. 2000/08/10/7566 for the new construction of a three-story, single-family dwelling at the front of the lot. The lot currently contains an existing one story, single-family dwelling at the rear of the property located within an RH-1 (Residential, House, One-Family) District and a 40-X Height and Bulk District. This Building Permit is also subject to a front setback variance request.
Preliminary Recommendation: Take Discretionary Review and modify the project.
(Continued from Regular Meeting of September 6, 2001)

SPEAKER(S):
(-) Mike Ackerman – Representing DR Requestors
- He has a typewritten statement from the DR Requestors, Teresa Robertson and Robert Mendonza. Neither of the DR requestors could be here since they had planned time away. Their absence in no way indicates their lack of interest and objections to the project.
- Their issues are: 1) building height at the rear of the building; 2) the uniqueness of the adjacent buildings is not respected; 3) there are no other houses that are built so disproportionately; 4) There will be an impact on light, air and temperature to their home; and 5) applicant has not acted in good faith to reach a compromise.
(+) Robert Mince – Representing project sponsor
- Their proposal integrates the urban fabric of the surrounding neighborhood and they have made changes that are good neighbor gestures.
- He has met several times with DR requestors to talk about their concerns.
- He performed a shadow study and found that there is minimal impact.
- Another concern from the DR requestor is that the cottage would be used as an illegal unit in the future. The project sponsor's mother has health issues and would like to have her nearby.
(+) Chi – Project Sponsor
- Her property shows records of being there since 1908.
- She would like to have the structure remain intact.
- Her mother lives in the cottage and she doesn't want to move.
- She has three whys she would like her project approved: 1) her mother is elderly and diabetic; 2) as a homeowner with an existing structure, she has the right to have her mother there; 3) she does not see the benefit to anyone to have the structure removed.
- She has the right to keep the existing structure there for her mom.
(+) Project Sponsor's mom
- She hopes that the Commission will approve this project so her daughter can live near her.
ACTION:          Take Discretionary Review and approve the building permit as revised: remove the existing dwelling at the rear.
AYES:          Baltimore, Chinchilla, Joe, Salinas, Theoharis
NAYES:          Lim
ABSENT:          Fay

20.          2001.0146V                                                                       (JONES: 558-6477)
626 – 29TH STREET – north side of 29th Street between Diamond and Castro Streets; Lot 9 in Assessor's Block 7536 in an RH-1 (Residential, House, Single-Family) District. Front Yard Variances Sought: The proposal is to construct a new 3-story, single family dwelling in the required front setback. Sections 132(d)(2) of the Planning Code requires a maximum 15-foot front setback, measured from the front property line for the subject property. The proposed new dwelling would encroach nine (9) feet into the required front setback.

SPEAKERS(S):          Same as those listed in item 19.
ACTION:          Zoning Administrator granted the variance on the condition that the existing dwelling at the rear is removed.

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))

Elouise Patten – Young Community Developers
- She requested time on a future Commission agenda to come and give a presentation so the Commission can understand what YCD does.

Adjournment: 5:55 p.m.

THE DRAFT MINUTES WERE PROPOSED FOR ADOPTION AT THE REGULAR MEETING OF THE PLANNING COMMISSION ON THURSDAY, DECEMBER 6, 2001.

          SPEAKERS:          None
          ACTION:          Approved as corrected: pg 7, # 11, ACTION: & ; and add a 15-foot setback
          AYES:          Baltimore, Joe, Lim, Salinas, Theoharis
          ABSENT:          Chinchilla and Fay

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