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City and County of San Francisco

November 08, 2001

November 08, 2001

 

SAN FRANCISCO PLANNING COMMISSION



SAN FRANCISCO
PLANNING COMMISSION

Meeting Minutes

Commission Chambers - Room 400
City Hall, 1 Dr. Carlton B. Goodlett Place
Thursday, November 8, 2001
1:30 PM

Regular Meeting



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

THE MEETING WAS CALLED TO ORDER BY VICE PRESIDENT FAY AT 1:40 p.m.

STAFF IN ATTENDANCE: Gerald G. Green, Director of Planning; Larry Badiner, Zoning Administrator; Mary Woods; Kelley LeBlanc; Adam Light; Rick Crawford; Jim Miller; Scott Sanchez; Michael Smith; Dan Sider; Glenn Cabreros; Dan Sirois; 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.          2001.0848DDDD                                                   (CABREROS: 558-6169)
2115 BROADWAY - south side between Buchanan and Webster Streets, Lot 018 in Assessor’s Block 0580 - Request for Discretionary Review of Building Permit Application No. 2001/04/16/6944 to demolish an existing single-family residence and Building Permit Application No. 2001/04/16/6943S to construct a new 40-foot tall, 2-unit building with two parking spaces in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.
Preliminary Recommendation: Pending
(Proposed for Continuance to November 15, 2001)

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

          2.          2001.0502C                                                    (SANCHEZ: 558-6679)
4715 - 4723 GEARY BOULEVARD - south side between 11th and 12th Avenues; Lot 044 in Assessor’s Block 1533 - Request for Conditional Use authorization pursuant to Section 712.83 of the Planning Code to install a total of six antennas and related equipment on the rooftop and an equipment shelter on the ground level of an existing six-story, mixed-use (residential above commercial) building, as part of Metro PCS's wireless telecommunications network within an NC-3 (Moderate-Scale Neighborhood Commercial 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 5 (Mixed-Use Building in High Density Districts).
          Preliminary Recommendation: Pending          
                    (Continued from Regular Meeting of November 1, 2001)
                    (Proposed for Continuance to November 15, 2001)

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

          3.          2001.0205C          (SIROIS: 558-6697)
679 – 689 PORTOLA DRIVE - south side of Portola Drive, between Teresita Boulevard and Fowler Avenue, Lot 16, Assessor’s Block 2901B - Request for Conditional Use Authorization by XM Satellite Radio to install a satellite radio transmission facility pursuant to Planning Code Section 710.83, which includes the installation of one parabolic antenna, one panel antenna, and one associated equipment cabinet in an NC-1 (Neighborhood Commercial Cluster) District and a 26-X Height and Bulk District. The subject site is a preference 2 location (co-location site) according to the Wireless Telecommunications Services (WTS) Siting Guidelines, 1996.
          Preliminary Recommendation: Approval with conditions
                    (Continued from Regular Meeting of November 1, 2001)
(Proposed for Continuance to December 6, 2001)

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

          4.          2001.0613C          (SIROIS: 558-6697)
2700 – 45TH AVENUE - east side of 45th Avenue, between Wawona Street and Sloat Boulevard, Lot 026, Assessor's Block 2513 - Request for Conditional Use Authorization by Metro PCS to install a wireless telecommunications facility at the United Irish Cultural Center pursuant to Planning Code Section 711.83, which includes the installation of four panel antennas, one GPS antenna and associated equipment cabinets in an NC-2 (Moderate-Scale Neighborhood Commercial) District and a 100-A Height and Bulk District. The project site is also located within the Coastal Zone Permit Area. The subject site is a preference 1 location (public facility) according to the Wireless Telecommunications Services (WTS) Siting Guidelines, 1996.
          Preliminary Recommendation: Approval with conditions
                    (Continued from Regular Meeting of November 1, 2001)
          (Proposed for Continuance to November 15, 2001) December 6, 2001

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

          5.          2001.0713C          (SANCHEZ: 558-6679)
2000 VAN NESS AVENUE - west side at Jackson Street; Lot 005 in Assessor’s Block 0595 - Request for Conditional Use authorization pursuant to Section 209.6(b) of the Planning Code to install a total of six antennas and related equipment on the rooftop of an existing seven-story, wholly commercial building, as part of Metro PCS's wireless telecommunications network within an RC-4 (Residential-Commercial Combined, High Density) Zoning District, the Van Ness Special Use District, and an 80-D 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
                    (Continued from Regular Meeting of November 1, 2001)
(Proposed for Continuance to November 15, 2001)

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

6.          1999.696R           (RODGERS: 558-6395)
968 - 978 UNION STREET - Marion Place is a steep, narrow, dead-end alley between Taylor and Jones in Assessor’s Block 99. Union Street provides the only access to Marion Place and Marion Place currently accommodates only pedestrians. General Plan Referral of a proposal to change the ROW so vehicles can use Marion Place to enter a private garage. The project would also involve the installation of a walk, landscaping, and a public seating below the garage.
Preliminary Recommendation: Find that proposal is not in conformity with the General Plan.
(Proposed for Continuance to November 15, 2001) December 6, 2001

SPEAKER(S):
Brett Gladstone
- He would like to have this hearing moved to a date farther than November 29, 2001 because there is mediation regarding this project which will be held on November 14. It will take about a week to document the results of this mediation.
- There will be a lot of benefits to continuing this case since it is possible this case will be settled.

ACTION:          Continued to December 6, 2001
AYES:          Baltimore, Fay, Joe, Chinchilla, Lim, Salinas
ABSENT:          Theoharis

7.          2001.0787D                                                                       (MILLER: 558-6344)
2928 LARKIN STREET - east side between Bay and North Point Streets, Lot 018A in Assessor's Block 0026 - Request for Discretionary Review of Building Permit Application No. 9923712, proposing to construct of a new four-story, two-unit residential building with a two-car garage in an RH-3 (House, Three-Family) District and a 40-X Height and Bulk District.
Preliminary Recommendation: Take Discretionary Review and approve project with modifications
(Proposed for Continuance to November 15, 2001)

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

          8.          2001.0509D          (CABREROS: 558-6169)
                    3016 PIERCE STREET - east side between Greenwich and Filbert Streets, Lot 019 in Assessor’s Block 0514 - Staff-initiated request for Discretionary Review of Building Permit Application No. 2001/04/02/5739, proposing to merge an existing two-unit building into a single-family dwelling in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.
Preliminary Recommendation: Take Discretionary Review and Disapprove the application
                    (Continued from Regular Meeting of November 1, 2001)
                    (Proposed for Continuance to January 17, 2002)

SPEAKER(S):          None
ACTION:          Continued to January 17, 2002
AYES:          Baltimore, Fay, Joe, Chinchilla, Lim, Salinas
ABSENT:          Theoharis

          9.          2000.1183DDD (SANCHEZ: 558-6679)
                    1725 LAKE STREET - south side between 18th and 19th Avenues, Lot 035 in Assessor’s
                    Block 1378 - Requests for Discretionary Review of Building Permit Application No. 2000/07/03/4299’S’ proposing to add two floors, an extension to the rear and additions to both sides and the front of an existing single-family house in an RH-2 (House, Two-Family) District and a 40-X Height and Bulk District.
                    Preliminary Recommendation: Pending
                    (Continued from Regular Meeting of November 1, 2001)
(Proposed for Continuance to January 24, 2002)

SPEAKER(S):          None
ACTION:          Continued to January 24, 2002
AYES:          Baltimore, Fay, Joe, Chinchilla, Lim, Salinas
ABSENT:          Theoharis

          10.          2001.0692DD          (SMITH: 558-6322)
4516 – 20TH STREET - north side of the street between Douglass and Eureka Streets, Lot 021 in Assessor's Block 2699 - Request for Discretionary Review of Building Permit Application Nos. 2001/01/16/9843 and 2001/001/16/9832, proposing to demolish an existing two-story over garage, single-family dwelling and construct a three-story over garage single-family dwelling, located in a RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.
Preliminary Recommendation: Take Discretionary Review and approve the permit with modifications.
(Continued from Regular Meeting of November 1, 2001)
DISCRETIONARY REVIEW WITHDRAWN

B.          COMMISSIONERS' QUESTIONS AND MATTERS

          11.          Consideration of Adoption - draft minutes of August 22 23, September 13, 20 and October 4, 2001.

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

          12.          Commission Matters

Commission Chinchilla: He requested an updated action list.

C.          DIRECTOR'S REPORT

13.          Director's Announcements
          None

          14.          Review of Past Week's Events at the Board of Supervisors and Board of Appeals
BOS
- 1101 O'Farrell Street – The conditional use part of this case has been continued to the first week of December. No action was taken. The reclassification is still before the Board.

BOA
Craig Nikitas of department staff represented the Zoning Administrator and the Commissioners at the Board of Appeals hearing last evening.

The items that were before the Board of Appeals:
1) 531 Kansas Street – The Commission did not take Discretionary Review on February 22, 2001 for a third floor addition and minor expansions to the rear. The Board upheld the Commission's decision with no modifications.

2) 740 Vermont Street – This case was a Discretionary Review and was heard by the Commission on March 28, 2001. This was a vertical addition to add a third story, demolish an existing garage and replace with a new one car garage. The Commission voted not to take Discretionary Review and the Board upheld the Commission's decision +5-0.

3) 235 Santa Paula Avenue – This was a rear addition on top of a garage towards the rear. The Commission voted not to take Discretionary Review and the Board upheld the Commissioner's decision by a vote of +4-1.

4) There was an item that was withdrawn at the last minute because of a private agreement.

15.                    (GREEN: 558-6411)
          Modified Work Program/Budget for FY 2001-2002.

Director Green requested that this item be continued to November 15, 2001 so that proper information can be submitted to the Commissioners.

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

16.          2001.0595C                                                             (WOODS: 558-6315)          
3478 CALIFORNIA STREET - north side between Locust and Laurel Streets, Lot 12 in Assessor’s Block 1019 - Request for Conditional Use Authorization pursuant to Planning Code Sections 121.2, 303 and 713.21 to exceed the permitted use size of 5,999 sq. ft. for the expansion of an existing business or professional service use (Charles Schwab & Company, Inc.) from approximately 3,175 square feet to approximately 7,606 square feet in an NC-S (Neighborhood Commercial Shopping Center) District and a 40-X Height and Bulk District.          
                    Preliminary Recommendation: Disapproval
NOTE: On October 11, 2001, following public testimony, the Commission closed public hearing. A motion of intent to approve the project passed by a vote of +4 -3. Commissioners Theoharis, Chinchilla, Joe voted no. The Commission continued the matter to November 8, 2001 for final language.

SPEAKER(S):          None
ACTION:          Approved
AYES:          Baltimore, Fay, Lim, Salinas
NAYES:          Chinchilla, Joe
ABSENT:          Theoharis
MOTION:          16271

E.          REGULAR CALENDAR
                    
17a.          2000.541EKXBCTHA (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. This project lies within a C-3-O (Downtown, Office) District and within a 250-S Height and Bulk District. See other approvals required, below.
                    Preliminary Recommendation: Approval with conditions
(Continued from Regular Meeting of November 1, 2001)

SPEAKER(S):
(+) Bob McCarthy – Representing Project Sponsor
- This project had many challenges but provided many opportunities.
- The challenges were to provide a building that will meet the office needs of downtown; preserve an important historic resource – the mining building; would not interfere with the historic courtyard of the Russ Building; and would not have an adverse impact on St. Mary's Park–instead it will enhance it by adding sunshine instead of shadows.
- This project will also contribute money to affordable childcare, transportation impact fees, the downtown parks fund, public art, and provides additional open space as a separate room that looks out from a glass wall.
(+) Jeffrey Heller – Heller/Manus Architects
- He presented a PowerPoint presentation.
- He submitted a letter from Heritage congratulating the architect for this project.
- EQE Structural Engineers commends this project on public safety.
- This building will be built with the highest seismic safety.
- There were three issues they had to deal with: 1) the historic aspects, 2) light/shadow and open space, and 3) zoning issues.
- The location of this project makes it part of the fabric of the downtown area.
- This project is a very comfortable, contextual fit with the surrounding buildings.
- Regarding the zoning issues--the building was designed to fit the envelope required by the code.
(+) Ken Connell – Exchange Barber Shop
- He is the owner of a shop close by.
- He agrees with this project since it will bring more business to the area.
- The area currently is an eye sore and this will improve the area.
(+) Le Quan – Lee's Deli
- This project will benefit him by the foot traffic it will generate and the appearance of the entire area will be improved.
- The open space area will allow many people to enjoy it.
(+) Richard Leong – SEIU Local 87
- He is representing the Union
- This project will provide jobs for many workers.
- These jobs provide living wages.
(+) Dick Walterhouse – Pankow Builders
- He is President of Pankow Builders.
- He hopes that the Commission approves this project.
- This project will create 500 jobs for the construction industry.
(+) Daniel Bacon – SF Historical Society
- They are pleased with this project since it will preserve and renovate the Mining exchange building--a historical building.
(+) Gwyneth Borden – San Francisco Chamber of Commerce
- The Chamber of Commerce is located near by.
- This is a great project since it will provide good use for the Mining Exchange Building.
(+) Irene Robinson – American Hotels
- She was a resident at the Temple Hotel, a building that will be demolished.
- She believes that Shorenstein has been very fair to the tenants dealing with the issues of relocation.
(+) Nathan Nayman – Executive Director of Committee on Jobs
- They are in support of this project.
- This project will help the shortage of the general fund and will provide many jobs, which are currently in need.
- The contributions are critical.
(+) Jim Chappell – President of SPUR
- SPUR was formed in the 1950's.
- They support this project since it is a location where an office building should be built as well as it having a spectacular design.
- This project will be a significant improvement to the Mining Exchange Building.
(+) Dan Warren – San Francisco Building Trades
- He supports this project since the design complements the surrounding environment and will meet the needs of many aspects of this City.
- The workers will benefit as well.
- Shorenstein realizes the value of union construction.
(+) Pat Buscorrett – Russ Building
- He is a structural engineer and is a consultant to Shorenstein.
- This project will have an elegant seismic design.
- He looks forward to going to the park and having lunch in the sun.
(+) Bernard Stalder – Hogan and Vest, Inc.
- He is here on behalf of many of his tenants as well as himself.
- They are all in support of this project since it will be a fantastic project for the community of Chinatown.
- He submitted a letter from the Committee of Better Arts who are in support of this project.
(-) Elizabeth Skrondal – Preservation Board
- She has reservations about the exceptions of City laws that this project is taking on.
- Drilling through and around historical buildings is a bad precedent. This should not be done to other landmarks.
ACTION:          Approved
AYES:          Baltimore, Fay, Joe, Chinchilla, Lim, Salinas
ABSENT:          Theoharis
MOTION:          16272

17b.          2000.541EKXBCTHA (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. This project lies within a C-3-O (Downtown, Office) District and within a 250-S Height and Bulk District. See other approvals required, below.
                    Preliminary Recommendation: Approval with conditions
(Continued from Regular Meeting of November 1, 2001)

SPEAKER(S):          Same as those listed in item 17a.
ACTION:          Approved
AYES:          Baltimore, Fay, Joe, Chinchilla, Lim, Salinas
ABSENT:          Theoharis
MOTION:          16273

17c.          2000.541EKXBCTHA (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 a residential building. The Project consists of the construction of a 19-story, 250-foot tall office and retail building. This project lies within a C-3-O (Downtown, Office) District and within a 250-S Height and Bulk District. See other approvals required, below.
                    Preliminary Recommendation: Approval with conditions
(Continued from Regular Meeting of November 1, 2001)

SPEAKER(S):          Same as those listed in item 17a.
ACTION:          Approved
AYES:          Baltimore, Fay, Joe, Chinchilla, Lim, Salinas
ABSENT:          Theoharis
MOTION:          16274

17d.          2000.541EKXBCTHA (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 and retail building above, beside and behind the Mining Exchange Building. This project lies within a C-3-O (Downtown, Office) District and within a 250-S Height and Bulk District. See other approvals required, below.
Preliminary Recommendation: Approval with conditions
(Continued from Regular Meeting of November 1, 2001)

SPEAKER(S):          Same as those listed in item 17a.
ACTION:          Approved
AYES:          Baltimore, Fay, Joe, Chinchilla, Lim, Salinas
ABSENT:          Theoharis
MOTION:          16275



17e.          2000.541EKXBCTHA (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 above, beside and behind the Mining Exchange Building. This project lies within a C-3-O (Downtown, Office) District and within a 250-S Height and Bulk District. See other approvals required, below.
                    Preliminary Recommendation: Approval with conditions
(Continued from Regular Meeting of November 1, 2001)

SPEAKER(S):          Same as those listed in item 17a.
ACTION:          Approved
AYES:          Baltimore, Fay, Joe, Chinchilla, Lim, Salinas
ABSENT:          Theoharis
MOTION:          16276

17f.          2000.541EKXBCTHA (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 above, beside and behind the Mining Exchange Building. 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
                    (Continued from Regular Meeting of November 1, 2001)

SPEAKER(S):          Same as those listed in item 17a.
ACTION:          Approved
AYES:          Baltimore, Fay, Joe, Chinchilla, Lim, Salinas
ABSENT:          Theoharis
MOTION:          16277

          18a.          2001.0117CV                                                   (CRAWFORD: 558-6358)
243 DUBOCE AVENUE - between Market and Guerrero Streets, Assessor's Block 3534, Lot 064 - Request under Planning Code Sections 209.3((j) to expand a religious institution (Tu Quang Pagoda). This project is a 396 square foot addition to the rear of the second floor of the existing temple. This project lies within an RH-3 (Residential House, Three-Family) District and within the 80-B Height and Bulk District.
                    Preliminary Recommendation: Approval with Conditions.
                    (Continued from Regular Meeting of November 1, 2001)

SPEAKER(S):
(+) (first name not clear) Ton – Project Architect
- He would like to extend this project 11 feet to install a Buddha statue.
ACTION:          Approved
AYES:          Baltimore, Fay, Joe, Chinchilla, Lim, Salinas
ABSENT:          Theoharis
MOTION:          16278

          18b.          2001.0117CV                                                   (CRAWFORD: 558-6358)
243 DUBOCE AVENUE - between Market and Guerrero Streets, Assessor's Block 3534, Lot 064 - Request for a Variance from the requirements of Planning Code Section 134(a)(2), rear yards, to encroach 11.5 feet into the required 22.5 foot required rear yard. This project is a 396 square foot addition to the rear of the second floor of the existing temple. This project lies within an RH-3, Residential House, Three-Family District and within the 80-B Height and Bulk District
(Continued from Regular Meeting of November 1, 2001)

SPEAKER(S):          Same as those listed in item 18a.
ACTION:          Rear Yard Variance Granted by Zoning Administrator

          19.          2000.319B          (LeBLANC: 558-6351)
235 - 2nd STREET - east side of 2nd Street between Howard and Folsom Streets, with secondary frontages on Tehama and Clementina Streets, Lots 60, 61, 62, 64 – 67 in Assessor’s Block 3736 - Request under Planning Code Sections 320-325 (Office Development Limitation Program) for the conversion of 64,000 gross square feet of production/light manufacturing/shipping/distribution space to office use. The proposal represents a modification of uses approved by the Commission on March 2, 2000 as Case No. 1999.176BX, Motion Nos. 15003 and 15004, for the construction of a 7-story building containing 244,000 gross square feet, 180,000 of which was office space. The proposal would convert the remaining non-office space to office use. The building was recently completed and is occupied by CNet. The Project site is within C-3-O(SD) (Downtown Office-Special Development) and 220-S and 350-S zoning districts.
Preliminary Recommendation: Approval with Conditions
(Continued from Regular Meeting of November 1, 2001)

SPEAKER(S):
(+) Jim Reuben – Reuben and Alter – Representing Project Sponsor
- This project was previously approved for Williams-Sonoma.
- CNet came in and took over the space designated as office.
- Now that there is available space, CNet would like to occupy this available space in order to expand their offices fully.
ACTION:          Approved
AYES:          Baltimore, Fay, Joe, Chinchilla, Lim, Salinas
ABSENT:          Theoharis
MOTION:          16279

          20.          2001.0444B          (MILLER: 558-6344)
38 - 44 TEHAMA STREET (A.K.A. 543 HOWARD STREET) - located on the northwest side of Tehama Street between First and Second Streets, Assessor's Block 3736, Lot 111 - Request for authorization of office space in excess of 49,999 square feet under Section 321 of the Planning Code to permit conversion of existing non-office space to office space, and the creation of additional office floor area, not to exceed 75,000 square feet of total office space. On September 7, 2001, the Planning Commission approved a 49,500 square foot office project (out of the  Reserve for Smaller Buildings , i.e., up to 50,000 gross square feet of floor area -- established by Code Section 321(b)(4)) pursuant to Planning Commission Motion No. 15967 (Case No. 1999.668!BEKX). This project would provide a net increase in office space at this location of 25,500 square feet above what was approved previously (thereby requiring the aforesaid 49,500 square feet of office space to be restored to the  Reserve for Smaller Buildings and all of the subject requested 75,000 square feet of floor area to be subtracted from the unallocated remainder of the annual 875,000-square-foot total of available office allocation as established by Code Section 321(a)(1)). This project does not include any physical changes to the exterior of the already-approved building, and only allows internal modifications and the conversion of the basement and rear portions of the first level (fronting on Tehama Street) to office space. The project is within a C-3-O (SD) (Downtown Office-Special Development) District and 200-S and 350-S Height and Bulk District.
                    Preliminary Recommendation: Approval with Conditions
                    (Continued from Regular Meeting of November 1, 2001)

SPEAKER(S):
(+) Andrew Junius – Reuben and Alter
- The renovation project, which was approved last year, should be occupied by May next year.
- All they are asking for is to fill the entire space as office space.
ACTION:          Approved
AYES:          Baltimore, Fay, Joe, Lim, Salinas
NAYES:          Chinchilla
ABSENT:          Theoharis
MOTION:          16280

21.          2001.0554G                                                                       (LIGHT: 558-6351)
572 FOLSOM STREET - north side between First and Second Streets. Assessor’s Block 3736, Lot 25. A brick, industrial building built in 1912. The subject property is a Category V (Unrated) building, is zoned C-3-O (SD) (Downtown Office, Special District) and is in a 200-S Height and Bulk District. Request for the Planning Commission recommendation on a proposal to change the Article 11 designation of the building from Category V (Unrated) to Category III (Contributory).
Preliminary Recommendation: Approval

SPEAKER(S):
(+) Bob Meyers
- The owners of this building would like to increase the rating of their building so they can preserve it.
- This commercial building is very rare and is one of the oldest buildings of the area.
- Minor improvements were done to the building and were done with great care.
(+) Eileen Bier
- Her grandfather built this building as a warehouse in 1912.
- She and her brother seismically upgraded the building and brought it up to code.
- She is requesting that the designation be granted.
ACTION:          Approved
AYES:          Baltimore, Fay, Joe, Chinchilla, Lim, Salinas
ABSENT:          Theoharis
MOTION:          16281

          22.          2000.1141C          (SANCHEZ: 558-6679)
                    2346 - 2348 CLEMENT STREET - north side between 24th and 25th Avenues, Lot 025 in Assessor’s Block 1409 - Request for Conditional Use authorization under Planning Code Section 717.39 to allow the demolition of an existing mixed-use building with a residential unit at the second floor and under Planning Code Section 161(j) to allow the construction of a four-story mixed-use building (four residential units and one commercial unit) without the four required residential parking spaces, within the Outer Clement Neighborhood Commercial District (NCD) and a 40-X Height and Bulk District.
                    Preliminary Recommendation: Approval with Conditions.
                    (Continued from Regular Meeting of September 20, 2001)

SPEAKER(S):          None
ACTION:          Without hearing, continued to January 24, 2002
AYES:          Baltimore, Fay, Joe, Chinchilla, Lim, Salinas
ABSENT:          Theoharis

23a.          2001.0676CR                                         (SMITH: 558-6322)
1935 - 32ND AVENUE (SAN FRANCISCO FIRE STATION #18) - west side of the street between Pacheco and Ortega Streets, Lot 006 in Assessor's Block 2102 - Request by Metro PCS for Conditional Use Authorization under Planning Code Sections 234.2 and 209.6 (b) to install three panel antennas, one GPS antenna, and associated equipment cabinets on the rooftop of a fire station located in a P (Public Use) District and 40-X Height and Bulk District. The subject site is a Location Preference 1 site according to the Wireless Telecommunications Services (WTS) Siting Guidelines, as it is a publicly used structure.
Preliminary Recommendation: Approval with Conditions

SPEAKER(S):
Re: Request for continuance
Kerrie Marshall
- There are a lot of people here to speak strongly against this case and she is not in agreement to a continuance. All these people have taken time off from work.
Debra Stein
- The reason of the continuance is because Metro PCS would like to locate another site for these antennas.
Did not state name
- He is against the continuance of this project because this corporation has had a lot of time to prepare and analyze this location. There are a lot of people here that would like to speak about this project. He believes that this is just a tactic of Metro PCS to make it more difficult for residents to address this Commission.

SPEAKER(S):
(-) Kerrie Marshall
- She lives on 31st and Pacheco Avenues.
- She is totally against these antennas being placed on top of the firehouse but one issue specifically she is concerned about is that the antennas are going to be placed very close to the area were the women's changing room is located.
- She does not want to be afraid to live in her neighborhood.
(-) Timothy Yu
- He is strongly against this project because of the long term health affects this will have on him and his family. He has an infant and a toddler and worries for their health.
- He lives on 32nd Avenue.
- House values will be depreciated also.
(-) Jeanette Lagomarsino
- Although this site is considered a preference 1, there are many residential houses around the firehouse.
- They are opposed to any antennas installed at this firehouse since it would be as if the antennas were installed on top of their house. Their house is adjacent to the firehouse.
(-) Alisa Tang
- She lives behind the firehouse. Her concerns are about the property values going down.
- There are a lot of service providers already so they don't need another one.
- These antennas will not enhance emergency services.
(-) John S. Walters – Firefighter
- He works from this fire station and is very opposed to these antennas.
- He displayed a diagram of where the generator will be located.
(-) Fred Leong
- He is very opposed to this project.
- He read a testimony from previous speaker.
(-) Yuk Lan Lee
- Ever since she heard about the antennas she has been opposed to them and the health effects of this antenna to her and her family.
- She begs the Commission to deny this project.
- There are a lot of Chinese residents in the neighborhood and cannot speak English who could not come here to oppose this project.
(-) Hank Chen
- It is worth it for him to take the day off from work and be here to oppose this project.
- He hopes that the owners of these antennas will take more of an effort to look for another location.
- His wife is pregnant and he is very worried about the radiation effects to his wife and the baby.
(-) Sigrid Ford
- She lives 1 block from the fire station.
- Antennas surround her house.
- She does not want to become the industrial complex of cell phone companies.
(-) Sally Ly
- She is totally against this project.
- She is worried about the health affects this antenna will have on the residents.
- There are other alternative locations in the City where Metro can locate the antennas and not affect residents.
(-) Martin Marshall
- The firemen don't want this antenna; the people in this neighborhood don't want these antennas either.
- The only people who want these antennas are Willie Brown and Metro PCS.
- There is a reservoir that can be a better source for these antennas since it is taller than the firehouse and there are no people around it.
(-) Charles Go
- He is here to speak on behalf of himself and his mother.
- He lives near the firehouse.
- He strongly opposes this project because of 3 aspects: health; decrease of property value; and providing services to the community.
- He is not volunteering to be a guinea pig for this project.
(-) Rima Missakiani
- She is a professional nurse and is worried about the health danger and psychological affects these antennas will have on the residents.
- As a professional nurse she is aware of these health problems.
- The resistance of their bodies is lowered and (people) are prone to diseases.
- Another issue she has is that the property values of the homes surrounding the fire station will decrease.
(-) Nina Chang
- She lives on Ortega Street.
- This hearing is very important to her and her neighbors.
- She opposes this project.
ACTION:          Continued to January 17, 2002. The Public Hearing Remains Open.
AYES:          Baltimore, Fay, Joe, Chinchilla, Lim, Salinas
ABSENT:          Theoharis

23b.          2001.0676CR                                         (SMITH: 558-6322)
1935 - 32ND AVENUE (SAN FRANCISCO FIRE STATION #18) - west side of the street between Pacheco and Ortega Streets, Lot 006 in Assessor's Block 2102 - Request by Metro PCS for a General Plan Referral pursuant to Section 4.105 of the City/County Charter to install three panel antennas, one GPS antenna, and associated equipment cabinets on the rooftop of a fire station located in a P (Public Use) District and 40-X Height and Bulk District.
Preliminary Recommendation: Finding of consistency with the General Plan

SPEAKER(S):          Same as those listed in item 23a
ACTION:          Continued to November 15, 2001
AYES:          Baltimore, Fay, Joe, Chinchilla, Lim, Salinas
ABSENT:          Theoharis

F.          DISCRETIONARY REVIEW HEARING

At Approximately 5:02 PM the Planning Commission convened into a Discretionary Review (DR) Hearing to hear and act on Discretionary Review matters.

          24.          2001.0845D          (SIDER: 558-6697)
                    2551 – 2557 MISSION STREET - east side between 21st and 22nd Streets, Lot 023 in Assessor’s Block 3615 - Mandatory Discretionary Review of Building Permit Application Number 2001/06/13/1442 proposing to (1) change the use of the existing vacant movie theatre (Planning Code Sections 712.46 and 790.64) to a health club and indoor rock climbing facility (a  personal service' pursuant to Sections 712.52 and 790.116), (2) perform interior renovations commensurate with the proposed use, and (3) perform exterior modifications including façade improvements, rooftop mechanical expansions, and an exterior  fill-in' on the ground level street frontage. Discretionary Review is required by Board of Supervisors Resolution Number 518-01 (Mission District Interim Controls) for any permit proposing to change the use of a property within the Mission District. The subject property is located in an NC-3 (Moderate Scale Neighborhood Commercial) Zoning District and a 65-B Height and Bulk District.
                    Preliminary Recommendation: Take Discretionary Review and approve the project as proposed, with conditions.
                    (Continued from Regular Meeting of November 1, 2001)

SPEAKER(S):
(+) Mark Melvyn - Applicant
- His company is a Mission-based business.
- They opened Mission Cliffs on 19th and Harrison Streets in 1995.
- Their vision is to provide rock climbing as a fitness alternative.
- They support kids at risk or adults in need and work with various schools to provide programs for youth.
- This location is ideal for them.
(+) Charles Hemminger – Project Architect
- He also worked on the previous Mission Cliffs
- On the second floor there will be space for aerobic use and a boxing gym; the third floor will have two dance studios.
- After working in the Mission for 15 years, he is aware that residents are interested in the arts.
- This facility will definitely not be an upscale gym or a bay club.
- The façade will remain and the renovation will be interior.
(+) Colie McHeery – Business Owner
- She works and owns the business across the street.
- This building has been vacant since 1989. The place has been a mess for many years.
- There are many businesses that have complained about the situation the building is in.
- She totally supports this project.
(+) Guillermo Torres – Member of Mission Dignity Organization
- He has been a member of Mission Cliffs for two months already.
- These are the kind of activities that the youth of the Mission need and want.
- He supports this project.
(+) Josette Mourie – Business Owner
- She owns the building next door to the proposed health club.
- She would very much like to have this project approved.
- This will provide a place for people to go instead of hanging out at street corners.

(+) Bruce McDonald – Business Owner
- He owns two businesses across the street from this project.
- He supports this project.
- As a restaurant, he has no objections to the planned café. Regarding the parking issue, he is aware that there is less activity on the street during the hours of 6 and 9 p.m.
(-) Luis Granados – Mission Anti-Displacement Coalition
- He would like to thank the staff of the Planning Department for working with them on their issues.
- This project seems to be a high-end, high concept project in this area that doesn't really provide benefit to the local residents.
- He would like to have the pricing structure be modified.
- Parking is also an issue on an already congested area.
ACTION:          Continued to December 6, 2001. The sponsor is to continue to work with staff and community groups to develop  good neighbor conditions.
AYES:          Baltimore, Fay, Joe, Chinchilla, Lim, Salinas
ABSENT:          Theoharis

          25.          2001.0730D          (CABREROS: 558-6169)
3059 CALIFORNIA STREET - south side between Lyon and Baker Streets; Lot 31 in Assessor’s Block 1030 - Staff-initiated request for Discretionary Review of Building Permit Application No. 2001/04/11/6535 proposing to merge an existing four-unit building into a two-unit building in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.
Preliminary recommendation: Take Discretionary Review and disapprove the proposed merger.
                    (Continued from Regular Meeting of November 1, 2001)

SPEAKER(S):
(+) Mark Thomas – Project Architect
- The Planning Department states that this project meets criteria 2, 3, and 5 and that criteria 4 is not applicable to this merger.
- This project also meets criteria 1 and the objectives of the planning code and the general plan since this project has been vacant for about 25 years. This unit has not been available for the housing supply and there is no displacement or hardship.
- There are records that show that this house was originally two units in 1885-- consistent with the zoning and the density of the neighborhood.
- The layout of the units is not functional. One bedroom needs to be used as a hallway to get to the kitchen.
- He hopes that the Commission approves this project to provide a home for his family and another San Francisco family without any detriment to the City.
(+) Steve Lepisto
- He was looking for a single family house or a two unit house so he wouldn't have to evict anyone.
- He would like to live here with his family and his father.
- The building was originally built for two units and then divided into four units.
- In order to keep the building as it is, it would require extensive renovation. For example, adding stairs to access these units.
- He hopes that the Commission approves this project where housing was not available for many years.
ACTION:          Do not take Discretionary Review and Approve Merger
AYES:          Baltimore, Fay, Chinchilla, Lim
NAYES:          Joe, Salinas
ABSENT:          Theoharis

26.          2001.1042D                                                             (SMITH: 558-6322)
926 - 928 DIAMOND STREET - west side of the street between Jersey and 25th Streets, Lot 005 in Assessor's Block 6540 - Staff initiated request for Discretionary Review of Building Permit Application No. 2001/04/25/7690, proposing to merge units 926, 928, and 928A in order to reduce the number of dwelling units in the building from 3 to 1, in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.
Preliminary Recommendation: Take Discretionary Review and disapprove the project.

SPEAKER(S):
(+) Pinchas Nagar – Property Owner
- He purchased the property in 1999.
- He gave his tenant enough time to move out.
- He needs the space for his family.
- He has tried to fix the space so that his family can live comfortably.
- Whatever the department has recommended he has done.
- The house originally was built for two units.
- He hopes that the Commission will approve this merger.
ACTION:          Do not take Discretionary Review and Approve the two-unit building presented to the Commission today.
AYES:          Baltimore, Fay, Joe, Chinchilla, Lim, Salinas
ABSENT:          Theoharis

27.          2000.0023D 2001.0023D                                                   (SIROIS: 558-6313)
1187 NOE STREET - east side of Noe Street, between Jersey and 25th Streets, Lot 028, in Assessor’s Block 6537 - Request for Discretionary Review of Demolition Permit Application No.2000/07/10/4707 and Building Permit Application No. 2000/07/10/4705 to demolish an existing two-family dwelling and to construct a new two-family dwelling in an RH-2 (Residential, Two Family House) District and a 40-X height and Bulk District.
Preliminary Recommendation: Do not take DR and approved project as proposed.

SPEAKER(S):
(-) Mike Underhill – DR Requestor
- He lives next door to the proposed project.
- He really has two separate issues: 1) demolition and 2) construction.
- He does have view and property value issues. Yet the most important issue he has is the threat to his life and his family's.
- His main concern is that there is no consideration to the threat he and his family would have if there was a fire on the wall which is being built too close to a north facing window.
(+) Phil Mathews – Project Architect
- The project sponsor has lived in this house for about 18 years.
- He described how deteriorated the façade of the home is, as well as the interior of the house.
- The DR requestor did not specify that there is already a window in the bedroom which he has concerns about.
- DBI has strict guidelines on property line windows.
(+) John Ridenower – General and Electrical Contractor
- He has known the project sponsor for about 15 years.
- The project sponsor is not a developer as the DR requestor has stated.
- He knows that neither property line windows nor views are protected under the code.
- He has followed every procedure since the first day.
(+) Gunther Garp – Project Sponsor
- He would like to add that Mr. Underhill is concerned about the fire that could spread to his property. Yet there is also the problem of fire from Mr. Underhill's home.

ACTION:          Take Discretionary Review and approve with a good neighbor gesture and require a cut out (at the Director's direction on size and angle) adjacent to the DR Requestor's bedroom property line window.
AYES:          Baltimore, Fay, Joe, Chinchilla, Lim, Salinas
ABSENT:          Theoharis

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))

Abdulah Megahed
- Invitation to the Planning Commission to a Thanksgiving Day dinner for the homeless that will be held on November 22, 2001.

Adjournment: 7:26 p.m.

THE DRAFT MINUTES WERE PROPOSED FOR ADOPTION AT THE REGULAR MEETING OF THE PLANNING COMMISSION ON THURSDAY, DECEMBER 13, 2001.
          
          SPEAKERS:          None
          ACTION:          Approved with varrious corrections to the spelling of some names.
          AYES:          Chinchilla, Joe, Salinas, Theoharis
          ABSENT:          Baltimore, Fay, Lim


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