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City and County of San Francisco

January 15, 2004

January 15, 2004

SAN FRANCISCO
PLANNING COMMISSION

Meeting Minutes

Commission Chambers - Room 400
City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, January 15, 2004
1:30 PM

Regular Meeting

COMMISSIONERS PRESENT: Michael J. Antonini, Shelley Bradford Bell, Edgar E. Boyd, Lisa Feldstein, Kevin Hughes, Sue Lee, William L. Lee

COMMISSIONERS ABSENT: None

THE MEETING WAS CALLED TO ORDER BY PRESIDENT BRADFORD BELL AT 1:39 p.m.

STAFF IN ATTENDANCE: Larry Badiner - Acting Director of Planning; Craig Nikitas - Acting Zoning Administrator; Jean-Paul Samaha; Glenn Cabreros; Rick Crawford; Jonathan Purvis; Kate McGee; Geoffrey Nelson; 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. 2003.0657C (G. CABREROS: (415) 558-6169)

          1730 VAN NESS AVENUE - east side between Clay and Sacramento Streets, Lot 019 in Assessor's Block 0622 - Request for Conditional Use Authorization under Planning Code Sections 209.3 and 253 to allow the expansion of an institutional use (American Buddhist Cultural Society) and a building exceeding 40 feet in height in an RC-4 (Residential Commercial Combined, High Density) District, the Van Ness Special Use District and an 80-D Height and Bulk District.

          Preliminary Recommendation: Approval with conditions

          (Proposed for Continuance to March 4, 2004)

          SPEAKER(S): None

          ACTION: Without hearing, item continued to March 4, 2004

          AYES: Antonini, Bradford Bell, Boyd, Feldstein, Hughes, S. Lee, W. Lee

      2. 2003.1038C (M. LI: (415) 558-6396)

          1402 MASON STREET - east side above the Broadway Tunnel, Lot 046 in Assessor's Block 0159 - Request for conditional use authorization to construct a wireless telecommunications facility for Sprint PCS within an RM-2 (Residential, Mixed, Moderate Density) District and a 40-X Height and Bulk District. The facility will consist of four antennas and associated equipment cabinets on the roof of the building. The proposed facility meets Location Preference 1 of the WTS Guidelines.

          Preliminary Recommendation: Approval with conditions.

          (Proposed for Continuance to February 5, 2004)

          SPEAKER(S): None

          ACTION: Without hearing, item continued to February 5, 2004

          AYES: Antonini, Bradford Bell, Boyd, Feldstein, Hughes, S. Lee, W. Lee

      3. 2003.0080C (G. NELSON: (415) 558-6257)

          2599 LOMBARD STREET - southeast corner at the intersection of Broderick and Lombard Streets; Lot 016 in Assessor's Block 0938 - Request for Conditional Use authorization pursuant to Section 712.83 of the Planning Code to install four (4) cellular antennas and related equipment cabinets on the roof of the Pacific Motor Inn as part of Verizon's wireless telecommunication network, within the NC-3 (Moderate Scale Neighborhood Commercial) District and a 40-X Height and Bulk District. The proposed antennas would be mounted behind an existing parapet and would not be visible from the street below. The related equipment would be housed in a new 16' wide by 17' long by 7' tall mechanical penthouse that would be partially visible from several uphill residences. Per the City & County of San Francisco's Wireless Telecommunications

          Services (WTS) Facilities Siting Guidelines the project site is a Preferred Location Preference 4, as it is a commercial building in an NC-3 District.

          Preliminary Recommendation: Approval with Conditions.

        (Continued from Regular Meeting of December 4, 2003)

          (Proposed for Continuance to February 19, 2004) March 18, 2004

          SPEAKER(S): None

          ACTION: Without hearing, item continued to March 18, 2004

          AYES: Antonini, Bradford Bell, Boyd, Feldstein, Hughes, S. Lee, W. Lee

B. COMMISSIONERS' QUESTIONS AND MATTERS

          4. ELECTION OF OFFICERS: In accordance with the Rules and Regulations of the San Francisco Planning Commission, the President and Vice President of the Commission shall be elected at the first Regular Meeting of the Commission held on or after the 15th day of January of each year, or at a subsequent meeting, the date which shall be fixed by the commission at the first Regular Meeting on or after the 15th day of January each year.

          Re: Continuance

          MOTION: Request for Continuance to January 22, 2004

          AYES: Antonini, Bradford Bell, W. Lee

          NAYES: Boyd, Feldstein, Hughes, S. Lee

          RESULT: Motion Failed

          Nomination for Commission President: Shelley Bradford Bell

          SPEAKER(S): None

          AYES: Antonini, Bradford Bell, Boyd, Feldstein, Hughes, S. Lee, W. Lee

          Nomination for Vice President: Michael Antonini

          RESULT: Not Seconded. The motion did not move forward

          Nomination for Vice President: Sue Lee

          SPEAKER(S): None

          AYES: Bradford Bell, Boyd, Feldstein, Hughes, S. Lee

          NAYES: Antonini and W. Lee

      5. Proposed adoption of Planning Commission hearing schedule for 2004.

          SPEAKER(S): None

          ACTION: Approved

          AYES: Antonini, Bradford Bell, Boyd, Feldstein, Hughes, S. Lee, W. Lee

      6. Consideration of Adoption - Draft Minutes of December 11 and 18, 2003.

          SPEAKER(S): None

          ACTION: Approved

          AYES: Antonini, Bradford Bell, Boyd, Feldstein, Hughes, S. Lee, W. Lee

      7. Commission Comments/Questions

          Commissioner Feldstein:

          Re: Mayor Newsom's Transition Team

          - She has been following with great interest the work from Mayor Newsom's Transition Team.

          - Read carefully the Task Force Report on the Planning Department.

          - She thanked the public who has done a tremendous amount of work on this document.

          - She finds that some of what is reflected in this report is not consistent with her experience with the work from the Department and staff.

          - She hopes that as the Commission moves forward with the new administration, staff from the Planning Department will work diligently with the new Mayor to make sure that it is clear what the mission of the Department and staff is.

          - She would appreciate receiving feedback from the Mayor's office on this issue.

          Commissioner William Lee:

          Re: Proposition E - Ethics Reform

          - Last December, voters decided on Proposition E regarding ethics reform.

          - Each department received a memo from Ginny Vida, Executive Director of the Ethics Commission requesting that each department provide a statement of incompatible activities.

          - He is requesting that the Department consider this as a priority so that the public can submit comments to the Commission and staff.

          - He feels that this should be considered by March or April of 2004.

C. DIRECTOR'S REPORT

      8. Director's Announcements

          Re: New Elected Commissioners

          - He congratulated the new President and Vice President.

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

          BOS -

          Land Use Committee

          Re: Eastern Neighborhoods

          - He, as well Dr. Amit Ghosh and staff attended the Land Use Committee meeting to report on the status of the Eastern Neighborhood proposals.

          - Supervisor McGoldrick requested a similar presentation from staff as the one presented at the December 18, 2003 Planning Commission hearing.

          Re: Rincon Hill Plan

          - This item was continued to a future date.

          Full Board of Supervisors Meeting:

          Re: Appeal of the Environmental document for 899 North Point

          - This item was continued to a future date so that the project sponsor and the neighborhood can continue working together to come to a solution.

          Finance Committee

          - The release of the $137,000 for the Eastern Neighborhood environmental review hearing was continued to January 28, 2004.

          BOA -

          Craig Nikitas, Acting Zoning Administrator reported:

          Re: 8 Washington Street

          - This project consists of constructing approximately 120 units, a recreation center and a health club.

          - The appeal before the board was on a Zoning Administrator (ZA) determination concerning the process for hearing weather the entire redevelopment area, for which the controls have lapsed, was required to be brought back to modify a planned unit development or whether the project could be brought back on it's own.

          - There was a motion from the Board to overturn the ZA's determination that the project could be heard as a stand alone project but that vote failed with a +2-3 vote. The ZA's determination stands.

          Re: 2368 Vallejo Street

          - The Planning Commission heard this case in February of 2003.

          - The project consisted of a multi story rear addition to a two family dwelling.

          - The Commission modified the proposal by reducing the height of an 8 foot firewall on an upper story deck, and requiring insulation of a lower firewall and a trellis with planting.

          - The Board of Appeals further modified the project by requiring that the firewall be lowered and moved three feet from the property line with an open railing to further protect two property line windows on the appellant's property.

          - This modification passed by a +5-0 vote.

D. PUBLIC COMMENT ON AGENDA ITEMS WHERE THE PUBLIC HEARING HAS BEEN CLOSED

      At this time, members of the public who wish to address the Commission on agenda items that have already been reviewed in a public hearing at which members of the public were allowed to testify and the public hearing has been closed, must do so at this time. Each member of the public may address the Commission for up to three minutes.

      Re: 4071 18th Street

      (+) Lee Moulton - Architect for Project Sponsor

      - He lives and works in San Francisco.

      - All rooms have been identified.

      - The street elevation now shows both buildings.

      - The commercial space on the first floor is not changing.

      - The 2nd and 3rd floors have changed--going from 4 units to 2 units.

      - Regarding density: the project has gone from a total of 8 bedrooms to a total of 6 bedrooms. This, therefore, reduces the density.

      - The amount of circulation has been reduced by going to two flats rather than having two individual staircases within the units. This will provide more floor space to the flats.

      - The height has come down slightly as well.

      - Each unit has separate exits.

      - A rail has been set back 3 feet to address the concern of throwing things over to the neighbor's yard.

      (+) Jennifer Cofield - Architect for Project Sponsor

      - She reviewed some of the items of concern from the Commission: 1) the original demolition plan not having enough information; 2) the units being too compact and circulation problems within the units themselves; 3) not having adequate exits; and 4) concern from a neighbor about the possibility that things might be thrown into their yard.

      Re: 1350-1352 Thomas Avenue

      Al Norman - Bay View Merchants

      - Congratulated President Bell on her election.

      - There were some concerns from the community about the length of the houses.

      - In Bay View there were some concerns about the 25x100 foot lots.

      - The proposed housing, which has already come before the PAC, should go forward.

      Michael Murray

      - He presented a letter from the Bay View PAC in support of the project.

      Paraic O'Donoghue

      - They went to speak to the Bay View PAC and are here now to present their [Bay View PAC] approval of the project.

      Joe "O'Donoghue - Residential Builders

      - Mike Murray builds a lot in the Mission District.

      - This is a housing project that will make people comfortable in the area.

      - The Bay View PAC approves the project, so he asks the support of the Commission.

      Mack Burton

      - He would like the Commission to approve this project.

      - He has gone door-to-door and has received support for this project.

E. CONSIDERATION OF FINDINGS AND FINAL ACTION - PUBLIC HEARING CLOSED

      10. 2003.0280C (R. CRAWFORD: (415) 558-6358)

          4071 18TH STREET - south side of 18th Street between Castro and Hartford Streets Assessor's Block 3583 Lot 075 Request under Planning Code Section 161(j) for Conditional Use Authorization for a reduction in off street parking requirements for dwellings from four spaces to 0 spaces for a Project that will demolish an existing two story commercial building and replace it with a four story 6,400 square foot mixed use building with less than 1,999 square feet of commercial space and four residential units above. This project lies within the Castro Street Neighborhood Commercial District and the 40-X Height and Bulk District.

      Preliminary Recommendation: Approval with Conditions

          NOTE: On November 13, 2003, following public testimony, the Commission closed the public hearing and continued the matter to January 15, 2004 in order to get better and more detailed plans by a vote of +5 -0. Commissioners Boyd and William Lee were absent.

          SPEAKER(S): None

          ACTION: Approved with the following amendments: approve four (4) residential units instead of two (2) and set roof deck back five (5) feet from rear property line.

          AYES: Antonini, Bradford Bell, Boyd, Feldstein, Hughes, S. Lee, W. Lee

          MOTION: 16707

Addendum Item:

          10A. 2003.0892C (J. PURVIS: (415) 558-6354)

          1350-1352 THOMAS AVENUE - north side between Ingalls and Jennings Streets; Lot 007 in Assessor's Block 4791 - Request for Conditional Use Authorization under Planning Code Section 121(f) to subdivide one lot into two lots of less than the minimum 25-foot width for the construction of two single-family dwellings. The existing lot is 37.5 feet wide, and the two newly created lots would be 18.75 feet wide, with an area of 1,875 square feet. The site is within an RH-1 (Residential, House, Single-Family) Zoning District with a 40-X Height and Bulk designation.

          Preliminary Recommendation: Disapproval

      NOTE: On November 13, 2003, following public testimony, the Commission closed the public hearing and continued the matter to January 15, 2004, so the project can be presented to the Bayview PAC, by a vote of +4 -1. Commissioners Boyd and William Lee were absent.

          SPEAKER(S): None

          ACTION: Motion of Intent to Approve. Final Language February 5, 2004

          AYES: Antonini, Bradford Bell, Boyd, Hughes, S. Lee, W. Lee

          NAYES: Feldstein

D. REGULAR CALENDAR

          11. 2003.0794C (G. CABREROS: (415) 558-6169)

          1728-1748 HAIGHT STREET - north side between Shrader and Cole Streets, Lot 035 in Assessor's Block 1229 - Request for Conditional Use Authorization under Planning Code Section 719.21 to allow a retail space at the ground floor over 2,500 square feet in area. The proposal is for tenant improvements to establish an 8,733 square-foot retail space. Urban Outfitters, a youth-oriented retailer of men's and women's wear, home furnishings and accessories, would occupy the retail space. The subject property is within the Haight Street Neighborhood Commercial District and a 40-X Height and Bulk District.

              Preliminary Recommendation: Approval with conditions

        (Continued from Regular Meeting of November 13, 2003)

          SPEAKER(S):

          (+) Lou Blazej - Representing Urban Outfitters and Property Owner

          - Urban Outfitters (the Store) sells men's and women's apparels as well as furniture.

          - The Store chose the Haight street area for the college-oriented residents.

          - The Store will be smaller than the average stores.

          - The Store will add vitality, jobs, economic boost, retail continuity will continue, etc.

          (-) Amy Laitinen - Supervisor Gonzalez's Office

          - This project is neither necessary nor compatible with the neighborhood.

          - There are many people here who are opposed to the project.

          - Some of the conclusions that were reached by the Planning Department are confusing to her. For example, there are stores in the Haight Street area that sell the type of clothes that Urban Outfitters sells.

          - She urges the Commission to deny this Conditional Use.

          (+) Ernestine Weiss

          - Small businesses are the best generators of jobs.

          - The reason Urban Outfitters needs the large space is because they carry furniture.

          - The project should be approved.

          (+) Jim Siegel

          - Urban Outfitters will impact many stores on Haight Street.

          - The project will also set a president in the area.

          - Haight Street does not have that much foot traffic any more.

          - Big stores are taking competition away. Many smaller stores have already closed down.

          (+) Brigitte Cooperman - Urban Outfitters

          - The majority of the customers of our stores range from 18 to 30 years old.

          - This store will not hurt competition. It will actually help.

          - They have display artists at our stores and encourage the art of self-expression.

          (-) Tim Sams

          - He lives on Haight Street.

          - He opposes the project.

          (+) Phil Otto - Project Architect

          - He started working for Urban Outfitters when they opened their store in Berkeley.

          - He displayed a rendering of the façade of the project.

          - Urban Outfitters has always supported artists and expressionists.

          (-) Phil Sams

          - He is opposed to this project.

          - He works on Haight Street and feels that he will loose his job if this project is approved.

          - He is a father of one and really needs to keep his job.

          - He would like to have the character of the neighborhood preserved.

          (+) Mitch Murphy - Urban Outfitters

          - He is the District Manager of Urban Outfitters in the Northwest.

          - The speakers who are in support of this project have not been paid to come to these hearing.

          - Many of the managers have been with the store for many years and have moved up from Sales Associate positions.

          - Their focus is to take advantage of the local talent and promote them.

          - Our store does not function like other chain stores.

          (-) Barbara Saunders

          - She has lived in the Haight for about 15 years.

          - There have seen a lot of companies close down.

          (+) Tanya Schneider - Urban Outfitters

          - She is the Manager of the Urban Outfitters in Santa Cruz. She started out as a Sales Associate.

          - Our store is not like any other store she has ever worked for. She enjoys working for a company that has the same artistic ideals as she.

          - They sometimes have in-store performances by local artists and DJs.

          - By opening the store on Haight Street, it will improve the area.

          (-) Joey Cain

          - He is not in support of the project.

          - Urban Outfitters is a million dollar chain company.

          - There is no way small businesses can compete with the power of a million dollar corporation.

          - He is part owner of a bookstore on Haight Street.

          - There is overwhelming opposition for this project.

          - This project is completely redundant.

          - If the project is approved, the neighbors will hold a protest outside the store.

          (+) Benjamin Gaffney - Urban Outfitters

          - He is a manager of an Urban Outfitters.

          - When the store opened in Santa Cruz, he was concerned that he would loose his job

          - He read [to the commission] a letter from the downtown association of Santa Cruz who is in support of the project.

          (-) Pablo Heising - Haight/Ashbury Merchants

          - He is a resident of Haight Street and a board member of the association.

          - The issue to him is the size of the operation. He is not in support of any retail business that uses a very large space.

          - He urges the Commission to not allow this project.

          (+) Erica Westor - Urban Outfitters

          - She is a manager of an Urban Outfitters store.

          - Today is her day off so she is here on her own time.

          - She supports this project.

          (-) Eric Bruan

          - Even if good people own the store, the money still goes to the main office in Philadelphia.

          - Business money should stay in San Francisco.

          (+) Nicholas Galli - Urban Outfitters

          - There are many benefits that this store will bring to the area.

          - For instance, he is allowed to show off his talent as an artist.

          - The project will actually help other businesses.

          (-) Teresa Welborn - HANC

          - The Haight Ashbury Neighborhood Commercial District is not in support of this project.

          - The project will cause much traffic problems.

          - The delivery trucks for the furniture will cause traffic problems as well.

          - She urged the Commission not to approve this project since it does not fil the neighborhood by size.

          (-) Zachary Eaton - Urban Outfitters

          - He is the Manager of Urban Outfitters in San Francisco.

          - He sees the store as a destination store.

          - If there was an Urban Outfitters in any neighborhood, he would travel to that neighborhood to go to the store. While there he would be able to spend money at other businesses.

          (-) Greg Gaar - HANC

          - He has lived in the Haight area for about 15 years.

          - The sign of this project was not posted properly.

          - The area needs neighborhood-serving businesses.

          - This project does not fit any of the requirements.

          (+) Jody Necastro - Urban Outfitters

          - If businesses are leaving the Haight area maybe its because the neighborhood is causing a hazardous situation.

          - She read an excerpt from the Customer Service manual that employees of the store receive.

          - The owners of the store do not believe in the theory of "stack it high and sell it cheap" like Costco.

          (-) Karen Masonheimer

          - She appreciates the fact that people want to make the neighborhood better.

          - There are several wonderful unique stores in the Haight.

          - If there is already a store in San Francisco then that should be fine and there is no need to open another store.

          - The residents of the area still want to keep and promote "mom and pop" businesses.

          - Most of the tourists come to the Haight Street area because of the small stores.

          (+) Bruce Lyall - Recycled Records

          - He has a business on Haight Street and is in support of the project.

          - Constantly meddling with the retail spaces on Haight Street has caused a problem.

          (-) Calvin Welch - HANC

          - Size does matter. Haight Street does have controls, etc.

          - Haight Street has controls that state neighborhood serving retail uses are for the residential population. That is why there is no off street parking.

          - This area is not a regional shopping center.

          - The attempt to bring a large volume chain store causes problems and violates the code.

          - This use is incompatible.

          (+) Matthew Brennan

          - There are many so called chain stores that currently exist on Haight Street and this has not diminished the charm of the area.

          - There are stores that have multiple locations in the same area throughout the Bay Area.

          - Urban Outfitters only has two stores in San Francisco.

          - This store will bring more consumers to Haight Street.

          (-) Mehran Esmaili

          - He has been a property owner and retailer on Haight Street for over 20 years.

          - There are 54 merchants who signed a petition against Urban Outfitters.

          - He has eight additional sheets of signatures from people who could not be at the hearing today but who are against the project.

          - Seventy-five percent of the merchants on Haight oppose this project.

          (+) Mark Brennan

          - Urban Outfitters is not an evil empire, it does not sell drugs, push prostitution or advocate the further decline of Haight Street.

          - What are people afraid of?

          - There are stores on Haight that extend beyond 25,000 square feet.

          - There have been signatures from people who do not live in the area. It is not reasonable to have foreigners decide what to have or not to have in the Haight.

          (-) Flip Sarrow - Haight/Ashbury Merchants Association

          - He is President of the Haight Ashbury Merchants Association.

          - He commends the Commission for not approving a Starbucks coffee shop on Judah Street last week. This shows that the Commission places an importance on neighborhood character.

          - This store will be twice as large as any other retail store on Haight Street.

          - There are about 75 percent of the businesses in the area not in support of the project.

          - If the project was kept at the smaller square footage, people would not be here.

          (-) Freyozon Sarreshtehdary - Coffee Cantata

          - He owns a coffee shop on Haight Street.

          - Many of the people that come to his shop are in support of the project.

          - The store will have 25 to 30 employees who live locally.

          - His business booms whenever a new business opens.

          (-) Don Eli Fontaine

          - He is a member of a metaphysical church.

          - He thanked the Commission for denying the application of a Starbucks on Judah Street last week.

          - He is not in support of this project.

          (+) Andrew Smith

          - The parking analysis has been done on this area.

          - The merchants seem to be looking for the protection of the Commission and this is not the job of a land use Commission.

          - Many people have created a dangerous environment for themselves.

          (-) Laura Adams

          - She came to San Francisco because of the diversity.

          - She comes from Arizona and there is an Urban Outfitters there that changed the area and she does not want this to happen to the Haight Street area.

          (+) Mike Murray

          - Urban Outfitters would increase foot traffic, business and a boom for consumers.

          - Everyone visits Haight Street.

          - The whole City goes shopping on Haight Street at least once a year.

          (+) Roger Ryan - E Moving Company

          - He owns a furniture store on Valencia Street.

          - Every store has employees, mechanics, trucks, etc. If Urban Outfitters opened next door to his business, he would welcome them with open arms because it would benefit his business as well.

          - New businesses increase foot traffic.

          - Urban Outfitters will employ local people.

          (-) Ginger Martin

          - She belongs to various organizations in the Haight Street area.

          - She believes that the Commission should uphold the square footage that is already in place.

          - People on the Haight need the artists, the poets, etc.

          - She feels that Haight Street needs a museum but not a clothing or shoe store.

          (+) Paraic O'Donoghue

          - Someone earlier was complaining about a demolition. The building that was demolished had become a place for drugs and vandalism.

          - There should not be a problems with truck loading and unloading. He feels that a little consideration is good.

          - Urban Outfitters will have security, which will help keep the area clean.

          - Laundromats are becoming a thing of the past because many of new multi unit buildings have washing machines.

          (-) Larry Roberts

          - He has lived in the Haight for ten years.

          - A lot of businesses have closed down in the Haight.

          - The main point here is that the current zoning does not allow the square footage.

          - If Urban Outfitters wants to open a store, it should open in another area.

          (+) Mack Burton

          - Twenty years ago he had a furniture store in the Fillmore District.

          - During that time, the Haight was a booming area. That area has dwindled down ever since.

          - This store will be employing about 30 people or more, and that is not including the people working part-time.

          - He showed the Commission a flyer that showed the store being blown up if it is approved by the Commission.

          (-) Pinky Kushner - 6th Avenue Environmentalists

          - She lives in the Inner Sunset area.

          - If she wanted to shop at Urban Outfitters she would get on the N Judah and travel downtown.

          - Many people are concerned about the Planning Code and the enforcement of the Planning Code.

          - She as well as many others are very interested in protecting neighborhood character.

          - This project does not fill any neighborhood character requirements.

          (-) Ted Loewenberg

          - There are many businesses on Haight Street that are not "mom and pop" stores.

          - There is garbage on every corner of Haight Street. This is not neighborhood character.

          - The store does not sell drugs, pierce body parts, etc. Is this what people are opposed to?

          (-) Jim Rhoads

          - He does not think that the businesses on Haight Street are opposed to another business.

          - Residents and business owners are just opposed to the size of the project and the fact that the Planning Code is not being respected.

          - He hopes that the Commission will not approve this project. But if it does, it should scale it down.

          (-) Martha Hoffman

          - She owns property in the Haight Street area.

          - She is opposed to this store coming into the area as well as the size of the project.

          - She finds the building to be very unattractive and having this type of store in that location would just make it worse.

          (-) Barbara Sange

          - She is an artist and lives in the Haight Street area.

          - The area has gone through its "highs" and "lows."

          - The size of this store is what is creating all the opposition.

          (+) Tom McDonough

          - Urban Outfitters has a social conscience. It stimulates creativity and looks to the neighborhood to energize itself.

          - Haight must look for ways to become more economically vibrant.

          - The storefront is only 50 feet, and that is not overwhelming to him.

          (+) Deric Casey

          - He hopes that the Commission will approve this project.

          - Mr. Brennan has worked hard to welcome this store.

          - Competition is a good thing. Everyone should go where they want.

          (+) Joe O'Donaghue

          - Many people are saying that big is bad and success is bad.

          - The issue that people have is that people are saying that the location is too large for the store yet Goodwill has a larger location.

          - There are ridiculous concepts here based on the character of the neighborhood.

          - The City and consumers need choices.

          - This project should be approved.

          ACTION: Project Disapproved

          AYES: Hughes, Feldstein, S. Lee and W. Lee

          NAYES: Antonini, Bradford Bell and Boyd

          MOTION: 16708

      12. 2003.0451C (G. NELSON: (415) 558-6257)

          1529-1565 PAGE STREET - south side between Masonic Avenue and Ashbury Street; Lots 023, 027, 028, and 032 in Assessor's Block 1232 - Request for Conditional Use authorization pursuant to Sections 209.3(h) and 304(d) of the Planning Code to demolish 2 three-unit apartment buildings (1529 and 1535 Page Street) and construct a 4-story, approximately 19,000 square foot addition to the existing Urban School of San Francisco, within an RM-1 (Residential, Mixed-Use, Low Density) District and a 40-X Height and Bulk District, in the Haight/Ashbury Neighborhood. This proposal requires Conditional Use authorization because it proposes: 1) the expansion of a secondary school in an RM-1 District, 2) it proposes to modify a prior Conditional Use authorization granted in 1993 (Case No. 1993.0094C), and 3) it proposes to develop a project site of over ½ acre (also called a Planned Unit Development, or PUD), which would allow modifications to the standard Code requirements such as rear yard and open space. With the proposed project, the Urban School plans to increase enrollment from 250 to 380 students, as well as increasing full and part-time employees from 50 to 70. The new structure would contain classrooms, offices, a student center, a chemistry lab, and various support spaces. The proposed project would also add one off-street parking space to the existing basement parking at 1563 Page Street.

      Preliminary Recommendation: Approval with Conditions

      (Continued from Regular Meeting of December 4, 2003)

          SPEAKER(S):

          (+) Mark Sulkind - Director of Urban School

          - Urban School is an independent progressive high school that offers a rigorous college preparatory education to 250 students. The school has been in operation since 1966.

          - Urban School has been located in the Haight for 27 years.

          - The addition will provide badly needed classrooms, modern science laboratories, a dedicated music facility, a student cafeteria and a fully accessible main entrance to the school.

          - The design responds sensitively to the scale of the buildings on Page Street.

          - Urban is fighting to pay competitive salaries to teachers.

          - By increasing the student body, it will strengthen the school's financial foundation.

          - A maximum student body of 380 is the right size for Urban School.

          (+) Barbara Kimport

          - With the approval of this project, Urban School will obtain financial viability and be able to provide excellent service to the school's community, the broader neighborhood and San Francisco.

          - The Board of Trustees has determined that having less than 400 students would be more than viable for the school.

          - She thanks the Commission for their support.

          (+) Angela Brown - Director of Admissions

          - Recently they have witnessed an unprecedented interest from Bay Area families in Urban School. They received over 1,300 requests for admissions information.

          - For the past five years, Urban School has received over 400 applications to the Freshman class. Each year, the admissions committee must deny admission to many qualified students.

          - With only 60-65 Freshman available spaces in the class, it is very painful to deny admission to the school.

          - They are eager to open the doors to more qualified students.

          (+) Matt Bens

          - He lives in the Haight Ashbury area.

          - He is very enthusiastic about this project.

          - He is a parent of a five-year-old daughter.

          - The building will also add to the life of the street.

          (+) Langston Smith

          - He is a sophomore at Urban School.

          - He has been able to learn about social issues and be able to participate in many of the important issues that happen in San Francisco.

          - If the school is able to expand, it will continue to provide an excellent education.

          (+) Caitlin Sargent - Urban School Student

          - She is a student at Urban School, editor of the newspaper and serves as a student rep on the Board of Trustees.

          - The school has provide the tools and experiences to allow students to become valuable community members and responsible world citizens.

          - Students graduate with a strong commitment to doing service work.

          (+) Judy Woods

          - She works for one of the agencies that the Urban School sends volunteers to.

          - The students are always so polite and nice.

          - She hopes that the Commission will approve the project.

          (+) Norm Larson

          - He lives on Haight Street and manages a building in the area.

          - He never gets attitude from the students when he passes by there.

          - He is very comfortable with the school.

          (+) Dominica Henderson

          - She recently graduated from Urban School.

          - She strongly urges the Commission to allow this project.

          - She has learned that it is a privilege to work with the community and other agencies in San Francisco.

          - She encourages the Commission to allow an opportunity for more students.

          (+) Algis Sodonis

          - He is head of the science department.

          - Science students really need to have more space for experiments, storage, etc. Approving this project will allow this.

          (-) Tes Welbern - HANC

          - She is puzzled. She hears the positiveness of what the school offers, but she also sees the negative way the school goes about doing their business.

          - A few years ago the school mentioned that they were not going to expand. But here they are, wanting to expand again.

          - All the programs sound good and the people are good, but this is not the way to treat a neighborhood.

          - There should be an enrollment cap on this institution.

          (+) Greg Gaar - HANC

          - He has a really good relationship with Urban School.

          - He really likes the school but there is still a community.

          - He is just asking for a cap so that there are no more expansions.

          (-) Calvin Welch - Haight Ashbury Neighborhood Council

          - HANC opposes the proposed expansion of Urban School for the following reasons: 1) This is the third expansion of the school, and it was done without any community discussion; 2) while representations have been made to keep the four unit building to the west of the campus (1556 Page Street) for residential use, no binding commitment has been made; 3) the proposed expansion will accommodate a 67 percent increase in students and staff at the site, but there are no new plans for drop off and pick up traffic.

          (+) Eileen Adams - Ashbury Children's Foundation

          - Her Board has several problems with the project. The concerns are with asbestos, lead, dust and noise.

          - The proposed building will extend deeper than the other building so it will block light into the Children's Foundation.

          - She is also concerned with underpinning. The construction crew will have to dig under her building while there are 80 kids and 9 infants going to school.

          - The Urban students will be on vacation but her children will not.

          (+) Charlotte Worsley

          - She is the Dean of Students at the Urban School.

          - This is a very unique school that offers a lot to their students.

          - There are students eating on the stairs and in the hallways. The expansion will provide a student cafeteria to address this.

          - She asked the Commission to support this project.

          (-) Joey Cain

          - He would like to have this project either delayed on denied.

          - He lives very close to the school. Ever since the school started, the street has become an institutional campus.

          - He is also opposed to the units that will be eliminated.

          - The traffic is very heavy in the area already and approving this project will increase the problems.

          - The school has made agreements before that have been broken.

          - Although the school has an excellent program, the issue here is about arrogance on the part of the school's Board.

          (+) Fritz Streiff

          - He is a neighbor of the school. His experience with the school has been excellent.

          - There is no place he would rather see the school.

          (+) Michael Harris

          - The Commission has the control of what happens to the school in the future.

          - He hopes that the Commission approves this project.

          (+) Eva Yopes

          - She is a senior at Urban School and also a Board member.

          - Urban School has provided her with an excellent education.

          - Allowing this project will provide future students an opportunity to receive this excellent education.

          (+) Ben Yelin

          - He is a senior at Urban School.

          - The school is accessible by many MUNI bus lines.

          - He has purchased his lunch at the various businesses in the Haight/Ashbury area.

          - There are about 450 applicants every year and the school has to deny most of the applications because there is not enough space.

          (+) Jacob Cohen

          - He is a senior at Urban School and plays basketball there.

          - He has learned to love history while attending the school.

          - It would be tremendously positive if more students were allowed the opportunity to attend the school.

          (+) Susan Andrews

          - She has worked in San Francisco schools for many years.

          - Her son went to Urban School.

          - The school is very committed to being a small school. The school has no intention of taking over the Haight/Ashbury area.

          (+) Amina Samake

          - She graduated from Urban School and is a daughter of one of the teachers.

          - If the school can expand, more students can obtain the education she was able to receive.

          (+) Suzanne Woo

          - She is a parent of a student who attends Urban School.

          - Urban School performs outreach to public schools through their Aim High Program. Her son received tutoring from the Aim High Program.

          - She encouraged the Commission to allow the expansion of the school.

          - Her son was not a very good student but improved greatly through Urban's outreach program.

          - The students and faculty support the merchants on Haight Street.

          (-/+) Martha Hoffman

          - The point here is not if Urban School is a good school or not. The point is that the school is "gobbling" up the properties surrounding it.

          - There must be ways that the school can expand. Maybe like annexes here and there?

          - The school is continually destroying housing.

          (+) Dan Wald

          - He was born in San Francisco and was lucky to be educated in both private and public schools.

          - He understands the concerns of Urban's impact on the neighborhood and the City but also the issue of how excellent the students become after attending Urban school.

          - He asks that the Commission approve this proposal.

          (+) Rachel Ehrlich

          - She moved to San Francisco in 1992 and has been an affordable housing activist since then.

          - It is her belief that Urban School has more than compensated the residents who were evicted.

          (+) Isabelle Beekman

          - Her daughter attends Urban School.

          - Her daughter decided to attend this school because she felt it was a school where she would learn how to love to learn.

          (+) Allen Ridley

          - Although he feel the expansion of the school will affect his property value, he is still in support of the project.

          - He is not to accustomed to dealing with high school students, but he has never had any problems with them.

          - He has never had any problems with the traffic near the school.

          (+) Arthur Levy

          - His son is attending Urban School.

          - He submitted a letter from the Day Labor Program Women's Collective of La Raza in support of the project.

          (+) Stan Herzstein

          - After going to various schools to find one adequate for his son, he will send him to Urban School.

          - He feels that there is a shortage of [quality] high schools.

          - This is a need that is critical in the City.

          (+) Susan Mun

          - She is the Director of Finance Operations at Urban School.

          - There have been conversations with the Arshbury Children's Council.

          - She has meet with various agencies and organizations in the area regarding this expansion. There have been issues and questions that she has been able to deal with. Most of the concerns related to technical issues during construction.

          (+) Tom Angstadt

          - He has been president of the Board.

          - There have been various challenging questions they have had to deal with.

          - Perhaps they have not been very good about certain things in the past.

          - Once the Ellis Act had been issued, they turned to their neighbors for support.

          - Although in the past they have not had good communication, that is different now.

          - As a Board, they cannot limit the number of students.

          (+) Harry O'Brien

          - There is no disagreement about the conditions that would be imposed on the Conditional Use approval.

          - The school has agreed to not increase the number of students for a period of time.

          - The Commission cannot preclude from considering in the future what it believes is in the best interest of the City.

          - He asks the Commission to approve the application.

          (+) Elizabeth Simpson

          - She came to San Francisco many years ago.

          - If it wasn't for the generous scholarship program of Urban School, her daughter would not have been able to attend such a fine school.

          - She would like to see her daughter eat her lunch in a cafeteria and not on the steps or on a corner.

          - She hopes that Urban can continue to offer scholarships and allow intelligent children the opportunity her child has.

          (+) Jim Dorncob

          - Supervisor Gonzalez agrees with much of the issues related to the loss of housing and the communication difficulties.

          - Supervisor Gonzales believes that the proposed expansion is necessary for the vitality of the institution.

          - He would like the Commission to impose a condition that would allow a maximum of 380 students.

          ACTION: The Commission approved the Conditional Use authorization with the following modifications:

                Finding 6 to be modified to indicate that no agreement has been reached with HANC or ACF.

                Finding 7 to be modified to state "...a total of 21 classrooms..." rather than 16 as stated.

                New Finding to be added stating that Urban School has represented that it will voluntarily NOT apply to expand enrollment at the school beyond 380 students for a period of eighteen (18) years from the date of this approval.

                Condition of Approval 14 to be modified to allow for minor variation in the enrollment cap of 380 students due to the nature of the enrollment process.

                New Condition of Approval added stating that Urban School will meet at least once per year with the Haight-Ashbury Neighborhood Council (HANC) to discuss any planned expansion of the school, modification of its conditional use approval, or any other issue of concern to either party.

                New Condition of Approval added stating that Urban School will develop a construction plan in consultation with the Whitney-Young Child Development Center (WYCDC), the School's contractor, and an industrial hygienist or other appropriate technical specialist with the goal of providing for the safety of WYCDC students and staff during construction and significantly minimizing construction-related impacts to the student-occupied areas and classrooms of the WYCDC.

                New Condition of Approval added stating that Urban School shall, at its cost, explore the possibility of relocating the operations of the WYCDC for a period not to exceed the 8 weeks during and surrounding the demolition of the existing structures.

          AYES: Antonini, Bradford Bell, Boyd, Hughes, Feldstein, S. Lee

          EXCUSED: W. Lee

          MOTION: 16709

          13. 2003.0940C (K. MCGEE: (415) 558-6367)

          1469 18TH STREET - on the corner of 18th Street and Connecticut Street; Lot 27 in Assessor's Block 4036 - Request for Conditional Use Authorization to install a Walk-Up Facility, an Automated Teller Machine (ATM), without providing a 3 foot recess from the front property line, located in an NC-2 (Small-Scale Neighborhood Commercial) Zoning District and in a 40-X Height and Bulk District, per Planning Code Section 711.26.

        Preliminary Recommendation: Approval with conditions.

        (Continued from Regular Meeting of December 18, 2003)

          SPEAKER(S): None

          ACTION: Without hearing, item continued to February 5, 2004.

          AYES: Antonini, Bradford Bell, Boyd, Hughes, Feldstein, S. Lee, W. Lee

      14. 2003.1094L (T. TAM: (415) 558-6325)

          2362 MARKET STREET - north side of Market Street between Castro Street and 16th Street; Lot 11 in Assessor's Block 3562 - Request for the Planning Commission to adopt a Resolution approving the designation of the Jose Theater / NAMES Project Building as Landmark 241, and recommending to the Board of Supervisors that they approve the designation of the Jose Theater / NAMES Project Building as Landmark No. 241.

          Preliminary Recommendation: Approval

          SPEAKER(S): None

          ACTION: Approved

          AYES: Antonini, Bradford Bell, Boyd, Hughes, Feldstein, S. Lee, W. Lee

          RESOLUTION: 16710

      15. 2001.0566L (M. LUELLEN: (415) 558-6478)

          1305 18th AVENUE, SUNSET BRANCH CARNEGIE LIBRARY - southwest corner of 18th Avenue and Irving Street; Lot 001 in Assessor's Block 1773 - Request for the Planning Commission to adopt a Resolution approving the designation of the Sunset Branch Carnegie Library as Landmark 239, and recommending to the Board of Supervisors that they approve the designation of the Carnegie Presidio Branch Library as Landmark No. 239. The subject property is zone P (Public), and is in a 40-X height and bulk district.

          Preliminary Recommendation: Approval

          SPEAKER(S): None

          ACTION: Approved

          AYES: Antonini, Bradford Bell, Boyd, Hughes, Feldstein, S. Lee, W. Lee

          RESOLUTION: 16711

          16. 2001.0569L (M. LUELLEN: (415) 558-6478)

                3150 SACRAMENTO STREET - PRESIDO BRANCH CARNEGIE LIBRARY - north side of Sacramento Street between Baker and Lyon Streets; Lot 0121 in Assessor's Block 1006 - Request for the Planning Commission to adopt a Resolution approving the designation of the Presidio Branch Carnegie Library as Landmark 240, and recommending to the Board of Supervisors that they approve the designation of the Carnegie Presidio Branch Library as Landmark No. 240. The subject property is zone P (Public), and is in a 40-X height and bulk district.

                Preliminary Recommendation: Approval with conditions.

          SPEAKER(S): None

          ACTION: Approved

          AYES: Antonini, Bradford Bell, Boyd, Hughes, Feldstein, S. Lee, W. Lee

          RESOLUTION: 16712

      17. 2001.1039E (A. AGUILAR: (415) 558-5973)

          55 NINTH STREET - Public Hearing on Draft Environmental Impact Report: The State Compensation Insurance Fund (SCIF) proposes to expand their San Francisco office at 1275 Market Street by constructing an adjacent 12-story, approximately 268,000 gross-square-foot (gsf) office building at 55 Ninth Street. The project site (Assessor's Block 3701, Lot 63) is occupied by a surface parking lot with about 173 parking spaces and located mid-block on the northeastern side of Ninth Street in the block bounded by Market, Ninth, Mission, and Eighth Streets in the Mid-Market neighborhood. The new building would be approximately 198 feet high, including mechanical penthouse, and would have a two-level below-grade parking garage with about 134 parking spaces. The entrance to the new building and access to off-street parking and loading would be from Ninth Street. There would be four loading bays and a trash compactor on the ground level in the center of the building. Trucks would enter and exit on Ninth Street and could exit to Laskie Street onto Mission Street. The project site is zoned C-3-G (Downtown General Commercial) and is within a 120-X Height and Bulk District.

      Preliminary Recommendation: No action required.

          NOTE: Written comments will be received at the Planning Department until 5:00 p.m. on January 27, 2004.

          SPEAKER(S): None

          ACTION: Meeting Held. No Action Required.

      18. 2004.2003.0993C (J. MILLER: (415) 558-6344)

          572- 576 GREEN STREET - north side between Stockton Street and Jasper Place, Lot 20 in Assessor's Block 116 - Request for authorization of a Conditional Use for establishment of a bar ("Occidental Cigar Club, LLC")(Planning Code Section 722.41), in approximately 4,000 square feet of vacant basement space formerly occupied by a dance club and bar, in the North Beach Neighborhood Commercial District and a 40-X Height and Bulk District.

          Preliminary Recommendation: Approval with conditions.

          SPEAKER(S):

          (+) Jay Ager - Representing Project Sponsor

          - He represents the property owner and tenant.

          - He is available for questions.

          ACTION: Approved

          AYES: Antonini, Bradford Bell, Boyd, Hughes, S. Lee, W. Lee

          NAYES: Feldstein

          MOTION: 16713

      19. 2003.1082C (J. MILLER: (415) 558-6344)

          1145 POLK STREET - west side between Sutter and Hemlock Streets, Lot 1 in Assessor's Block 691 - Request for authorization of a Conditional Use for extension of hours of operation to include the time between 2:00 and 6:00 A.M. ("Polk & Sutter 24 Hour Store & Deli")(Planning Code Section 723.27), in the Polk Street Neighborhood Commercial District and a 65-A Height and Bulk District. No physical expansion or other alteration of the building is proposed.

          Preliminary Recommendation: Disapproval

          SPEAKER(S): None

          ACTION: Without hearing, item continued to February 5, 2004.

          AYES: Antonini, Bradford Bell, Boyd, Hughes, Feldstein, S. Lee, W. Lee

      20. 2003.1182C (J. MILLER: (415) 558-6344)

          1351 GRANT AVENUE - west side between Green and Vallejo Streets, Lot 2 in Assessor's Block 131 - Request for authorization of a Conditional Use for establishment of a full-service restaurant ("Romio")(Planning Code Section 722.92), in approximately 1,000 square feet of vacant commercial space (formerly occupied by "Figone Hardware") in the North Beach Neighborhood Commercial District and a 40-X Height and Bulk District.

          Preliminary Recommendation: Approval with conditions.

          SPEAKER(S):

          (+) German Edwards - Tenant and Business Owner

          - He is available for questions.

          ACTION: Approved

          AYES: Antonini, Bradford Bell, Boyd, Hughes, Feldstein, S. Lee, W. Lee

          MOTION: 16714

      21. 2003.1101C (D. SIROIS: (415) 558-6313)

          1818 SAN JOSE AVENUE (AKA 18 COLONIAL WAY) - west side of San Jose Avenue between Colonial Way & Santa Rosa Avenue, Lot 041 in Assessor's Block 3144A - Request for conditional use authorization pursuant to Section 710.44 to establish a small self-service restaurant (Tam's Cafe) in a 655 square foot commercial space. The project site is located in an NC-1 (Neighborhood Commercial Cluster) District in a 40-X Height and Bulk District.

              Preliminary Recommendation: Approval with conditions

          SPEAKER(S):

          (+) John Tam - Project Sponsor

          - He is here seeking approval of this project from the Commission.

          - He is available for questions.

          ACTION: Approved

          AYES: Antonini, Bradford Bell, Boyd, Hughes, Feldstein, S. Lee, W. Lee

      22. 2003.0868C (M. SNYDER: (415) 575-5891)

          540 VALENCIA STREET (A.K.A. 542 VALENCIA STREET) - Blondie's Bar and No Grill, west side between 16th Street and 17th Street, Lot 6 in Assessor's Block 3568 - Request for Conditional Use authorization to allow "other entertainment" (as defined by Planning Code Section 790.38), which includes live amplified music entertainment and DJs, in an existing bar, Thursday through Sunday. No changes to the exterior of the building is proposed. The subject property is within the Valencia Neighborhood Commercial District and a 50-X Height and Bulk District.

          Preliminary Recommendation: Approval with Conditions

          SPEAKER(S): None

          ACTION: Without hearing, item continued to February 5, 2004.

          AYES: Antonini, Bradford Bell, Boyd, Hughes Feldstein, W. Lee, S. Lee

6:00 P.M.

      23. (L. BADINER/D. LIM: (415) 558-6411/558-6547)

          PLANNING DEPARTMENT MANAGEMENT AUDIT - Review of management audit and Commission consideration of recommendations by Planning Commission for follow-up.

        (Continued from Regular Meeting of November 20, 2003)

          SPEAKER(S): None

          ACTION: Without hearing, item continued to February 5, 2004.

          AYES: Antonini, Bradford Bell, Boyd, Hughes, Feldstein, S. Lee, W.. Lee

G. 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))

      Acting Director Badiner Commented:

      - He forgot to mention during Director's Report that it was stated at last week's hearing (during Public Comment) that a move within the Planning Department would take about $8,000. This number was inaccurate. This move was done in one afternoon and the total amount for the move came to $1,600.

Adjournment: 11:01 p.m.

THESE MINUTES ARE PROPOSED FOR ADOPTION AT THE REGULAR MEETING OF THE PLANNING COMMISSION ON THURSDAY, February 5, 2004.

SPEAKERS: None

ACTION: Approved

AYES: Antonini, Bradford Bell, Feldstein, Hughes, S. Lee, W. Lee

ABSENT: Boyd

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