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October 28, 2004

October 28, 2004

SAN FRANCISCO
PLANNING COMMISSION

Meeting Minutes

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

Thursday, October 28, 2004
1:30 PM

Regular Meeting

COMMISSIONERS PRESENT: Dwight Alexander; Michael J. Antonini, Shelley Bradford Bell,
Kevin Hughes, Sue Lee; William L. Lee, Christina Olague

COMMISSIONERS ABSENT: None

THE MEETING WAS CALLED TO ORDER BY PRESIDENT BRADFORD BELL AT 1:50 p.m.

STAFF IN ATTENDANCE: Gerald Green - Director of Planning; Larry Badiner - Zoning Administrator; Dan Sider; Paul Lord; Tina Tam; Michael Smith; Ben Fu; Thomas Wang; Dan DiBartolo; Geoffrey Nelson; Michael Li; 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. 2002.1305C (M. SNYDER: (415) 575-6891)

          1096 SOUTH VAN NESS AVENUE - previously Driscoll's Mortuary Chapel, northwest corner of South Van Ness Avenue and 22nd Street, Lot 10 in Assessor's Block 3615 - Request for Conditional Use authorization to establish a full service restaurant and a place of entertainment that would be open until 2:00 am within a building that was previously used as a mortuary. Conditional Use authorization is required for (1) hours of operation between 11:00 pm and 2:00 am pursuant to Planning Code Sections 710.27 and 790.48; (2) the establishment of other entertainment pursuant to Planning Code Sections 710.48 and 790.38; (3) the establishment of a full service restaurant on a lot within ¼ mile of the 24th Street - Mission Neighborhood Commercial District Pursuant to Planning Code Sections 710.42 and 727.42; and (4) the establishment of a restaurant use on the second floor of a building designed for a single tenant pursuant to Planning Code Section 186.2(a) and 186.1(b). No exterior alteration is proposed. The project is within an NC-1 (Neighborhood Commercial, Cluster) District, a 50-X Height and Bulk District, the Mission Alcoholic Restricted Special Use District.

        (Proposed for Continuance to November 4, 2004)

          SPEAKER(S): None

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

          AYES: Alexander, Antonini, Bradford Bell, Hughes, S. Lee, W. Lee, Olague

          2a. 2004.0130CV (J. MILLER: (415) 558-6344)

                1353-1355 BUSH STREET - south side between Larkin and Polk Streets, with additional frontage on Fern Street, Lot 13 in Assessor's Block 669, in an the Polk Street Neighborhood Commercial District ("NCD") and a 65-A Height and Bulk District - Request for Conditional Use authorization for use size in excess of 3,000 square feet for a music training facility ("Music City"), with a Full-Service Restaurant and Bar with live entertainment, open after hours (between 2:00 and 6:00 A.M.) also requiring a Variance for off-street parking and usable open space for an upper-floor group-housing use.

                Preliminary Recommendation: Approval with Conditions

                (Continued from Regular Meeting of July 22, 2004)

          NOTE: On July 22, 2004, following public testimony, the Commission continued the matter to September 23, 2004 instructing the project sponsor to continue discussing issues with neighbors. Public comment remains open.

                (Continued from Regular Meeting of September 23, 2004)

          (Proposed for Continuance to November 4, 2004)November 18, 2004

          SPEAKER(S):

          Re: Continuance

          Sue Hestor

          - She does not have the staff report on this project and she needs to review the report and write her report on it.

          - There will be a subsequent meeting with the interested parties so there would not be enough time to get the information to write her information.

          - She requested that the time be extended.

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

          AYES: Alexander, Antonini, Bradford Bell, Hughes, S. Lee, W. Lee, Olague

          2b. 2002.0130CV (J. MILLER: (415) 558-6344)

                1353-1355 BUSH STREET - south side between Larkin and Polk Streets, with additional frontage on Fern Street, Lot 13 in Assessor's Block 669, in the Polk Street Neighborhood Commercial District ("NCD") and a 65-A Height and Bulk District - Off-Street Parking and Usable Open Space Variances sought in conjunction with the conversion of existing tourist hotel rooms to group housing (residential hotel rooms) and for a Full-service Restaurant and Bar and music training facility ("Music City") with no off-street parking and no outdoor open area.

                (Continued from Regular Meeting of July 22, 2004)

          NOTE: The Acting Zoning Administrator continued this item to September 23, 2004. Public comment remains open.

          (Continued from Regular Meeting of September 23, 2004)

                (Proposed for Continuance to November 4, 2004)November 18, 2004

          SPEAKER(S): Same as item 2a.

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

          AYES: Alexander, Antonini, Bradford Bell, Hughes, S. Lee, W. Lee, Olague

          2c. 2002.0129C (J. MILLER: (415) 558-6344)

                835 HYDE STREET - west side between Bush and Sutter Streets, Lot 3 in Assessor's Block 279, in an RC-4 (Residential Commercial Combined, High Density) District and a 130-E Height and Bulk District - Request for a Conditional Use authorization for a Tourist Hotel (conversion of 31 "residential" hotel rooms, being consolidated at another location, to "tourist" rooms) with no off-street parking.

          Preliminary Recommendation: Approval with Conditions

          NOTE: On July 22, 2004, following public testimony, the Commission continued the matter to September 23, 2004 instructing the project sponsor to continue discussing issues with neighbors. Public comment remains open.

            (Continued from Regular Meeting of September 23, 2004)

          (Proposed for Continuance to November 4, 2004 November 18, 2004)

          SPEAKER(S): Same as 2a.

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

          AYES: Alexander, Antonini, Bradford Bell, Hughes, S. Lee, W. Lee, Olague

          3. 2004.0607D (D. DIBARTOLO: (415) 558-6291)

                215-217 COLE STREET - west side between Hayes and Fell Streets: Lot 003 in Assessor's Block 1212 - Request for Discretionary Review of Building Permit Application No. 2003.09.29.5983S, proposing to construct a vertical and rear horizontal addition and to renovate the existing three-story over garage two-unit structure. The project proposes to (1) add one residential dwelling unit at the top floor level, achieved by raising the roof level approximately 2.5 feet at the middle portion of the structure; (2) construct a horizontal addition by extending the rear building wall by approximately 7.5 feet at the first three floor levels; and, (3) renovate and retain the existing design components of the front facade of the structure. The property is located in an RH-3 (Residential, House, Three-Family) District and a 40-X Height and Bulk District.

            Preliminary Recommendation: Pending

            (Proposed for Continuance to January 20, 2005)

          (Proposed for Continuance to January 20, 2005)

          SPEAKER(S): None

          ACTION: Without hearing, item continued to January 20, 2005

          AYES: Alexander, Antonini, Bradford Bell, Hughes, S. Lee, W. Lee, Olague

          4. (G. GREEN: (415) 558-6411)

                REVIEW AND COMMENT ON INTERIM POLICIES AND CONTROLS FOR THE EASTERN NEIGHBORHOODS - (including eastern SOMA, Showplace Square, and the Mission). Review and comment on adopted policies and initiated draft interim controls, which were established by the Planning Commission on February 12, 2004 to set forth areas for Housing and Mixed Uses, Core PDR (Production, Distribution, and Repair), and Housing/PDR in specified Eastern Neighborhoods Community Plan Areas. This hearing will summarize prior Commission actions and provide an opportunity for the Commission to comment on Staff recommendations for potential policy amendments and modifications to initiated interim controls.

          NOTE: On February 12, 2004, the Commission adopted Resolution 16726 initiating draft controls and Resolution 16727 adopting policies for portions of the Eastern Neighborhoods.

          On May 6, 2004, the Commission adopted Resolution 16783, which amended the boundaries of the SOMA as addressed under Resolution 16727.

          On March 25, 2004, Commission President Bradford Bell re-opened the consideration of initiation of interim controls for the Mission, as addressed under Resolution 16726.

          On June 3, 2004, without a hearing, the Commission continued the matter to July 1, 2004.

          On July 1, 2004, the Commission held a public hearing and continued the matter to September 2, 2004.

          On September 2, 2004, following public testimony the Commission closed public hearing for that day and continued the item to October 28, 2004 for policies or controls. If policies, define boundaries and define the NEMIZ. If controls, initiate the process.

          (Proposed for Indefinite Continuance)

          SPEAKER(S):

          Re: Continuance

          Curtis Eisenberger - Mission Coalition on Justice and Jobs

          - He is in favor of the continuance.

          - He thanked members of staff who helped to open up the process.

          - There has not been an opportunity to meet with the interested parties. The current regulations are flawed so time is needed to work on these.

          Fred Snyder

          - He is also in favor of the continuance.

          - He submitted a package to the Commission wherein he states some concerns.

          - More time is needed to follow through.

          - He echoed what Ms. Hestor said about a quick turn around on items.

          - No maps have been established.

          Toby Levine

          - She welcomed the new Commissioner.

          - She agrees with the continuance.

          - There are serious flaws in this. Zoning is just an informational tool when goals have been set.

          - The mapping is wrong and needs to be redone.

          - There are aspects of a flawed process.

          - It is important to look at this again and fix what is wrong.

          Judy Berkowitz

          - She agrees with the continuance.

          - There are questions that have to be answered.

          - It is important to have at least several meetings.

          Milton Gaines

          - He agrees with the continuance.

          - When he submitted data, block by block, about 29 of the blocks were non-conforming.

          - Wherever staff got the data it was flawed.

          - There have been many suggestions that have been submitted to the Commission.

          ACTION: Without hearing, item continued indefinitely

          AYES: Alexander, Antonini, Bradford Bell, Hughes, S. Lee, W. Lee, Olague

B. COMMISSIONERS' QUESTIONS AND MATTERS

      5. Commission Comments/Questions

          Commissioner Bradford Bell:

          Re: Eastern Neighborhoods

          - There was a request for public information on this project.

          - Was this information provided?

          - Apparently the request for the information was met after the deadline of October 20 and all the information was not submitted.

          - She wants to know what the information is that staff believes to be proprietary and cannot be given out to the public. Can this information be given to Commissioners?

          - She requested the City Attorney present this information next week.

            Larry Badiner responded:

            - He believes that staff has given out as much information as possible.

            - There was some delay while the two different groups of staff coordinated.

            - They did provide the information required when it was asked for.

            - There is some financial information that has been determined proprietary by Dun and Bradstreet.

            - Some members of the public still believe that there is some information that has not been made public.

          William Lee

          Re: Role of Planning Commission

          - He has had an opportunity to speak with staff to find out what staff requires from the Commission and the conclusion was that it is important that members of the Planning Commission speak to staff regarding the cases before the meetings.

          Commissioner Antonini:

          Re: Eastern Neighborhoods

          - He requested that staff monitor the meetings that will be held between the stake holders interested in the Eastern Neighborhoods.

            Larry Badiner responded:

            - He assured the Commission that he and Interim Director Macris will monitor the meetings that will be held for the Eastern Neighborhoods.

          Commissioner Olague:

          Re: Eastern Neighborhoods

          - She was curious to know what Long Range Planning's role is in the Eastern Neighborhoods.

            Larry Badiner responded:

            - Long Range Planning is still assigned to the Eastern Neighborhoods.

            - They have been invited to the meetings but have not shown up.

          Commissioner Sue Lee:

          Re: Commissioner Calendar

          - She just realized that two meetings in November are cancelled and the pending items in December are quite a lot.

          - It is important to manage the calendars more efficiently. Perhaps adding a December 16 meeting is necessary to take care of cases that have been languishing and have been continued from meeting to meeting.

          Commissioner Antonini:

          Re: Commissioner Calendar

          - He also agrees with adding a meeting back to the schedule.

C. DIRECTOR'S REPORT

      6. Director's Announcements

          Re: Dwelling Unit Merger Policy

          - Applicants will find a way to avoid the Discretionary Review process.

          - There have been a lot of applications regarding unit merger reconfiguration.

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

          BOS -

          Land Use Committee

          Re: Movie Demolition Provisions

          - This was heard by the Commission last week. The information was passed on to the Committee.

          - The Committee passed it to the full Board with the recommendations from the Commission. This information also includes the definition of what economic hardship is.

          BOA - None

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.

          None

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

      8. 2004.0797C (D. SIDER: (415) 558-6697)

          1728-1748 HAIGHT STREET - between Cole and Shrader Streets; Lot 35 in Assessor's Block 1229 - Request for Conditional Use Authorization to modify conditions of approval set forth in Planning Commission Motion Number 15935 and relating to Planning Department Case Number 99.209C to allow payment of an in-lieu affordable housing fee rather than provide on-site affordable housing, pursuant to inclusionary housing policies set forth in Planning Commission Resolution Number 13405. In October of 2000, the City authorized construction of a 4-story over basement building containing 32 dwelling units, 14,200 gross square feet of commercial space, 75 below-grade parking spaces, and an accessory building with 2 townhouse units. This building is now complete. Conditions of approval require three of the proposed units to be provided as Below Market Rate (BMR) units. This proposal would modify previous conditions of approval to allow the payment of an in-lieu fee to the Mayor's Office of Housing rather than provide the 3 required BMR units on-site. No physical work is proposed. The property is within the Haight Street Neighborhood Commercial Zoning District and a 40-X Height and Bulk District.

        Preliminary Recommendation: Approval with Conditions.

          NOTE: On October 21, 2004, following public testimony, the Commission closed the public hearing and entertained a motion to approve. The motion failed to pass by a vote of +3-3; Commissioners Alexander, Olague and Bradford Bell voted No; Commissioner S. Lee was absent. The Commission then continued the item to October 28, 2004, to allow absent Commissioner the ability to participate in the final action.

          SPEAKER(S): None

          ACTION: Approved as Proposed

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

          NAYES: Alexander, Olague, S. Lee

          MOTION: 16874

    F. REGULAR CALENDAR

      9. 2004.0399DD (G. CABREROS: (415) 558-6169)

          2121-2123 LEAVENWORTH STREET - west side between Greenwich and Filbert Streets, Lot 002 in Assessor's Block 0094 - Requests for Discretionary Review of Building Permit Application No. 2003.08.28.3345, proposing to construct a new fifth floor and a side horizontal addition to the existing four-story, two-unit building in an RH-3 (Residential, House, Three-Family) District and a 40-X Height and Bulk District.

          Preliminary Recommendation: Do not take Discretionary Review and approve the project.

          (Continued from Regular Meeting of September 23, 2004)

          SPEAKER(S): None

          ACTION: Discretionary Reviews Withdrawn

          10. 2004.0683D (G. CABREROS: (415) 558-6169)

          2812 WASHINGTON STREET - north side between Divisadero and Scott Streets, Lot 012 in Assessor's Block 0979 - Mandatory Discretionary Review, under the Planning Commission's policy requiring review of dwelling unit mergers, of Building Permit Application 2004.05.12.3625 proposing to reduce five dwelling units to three units within a four-story building in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.

      Preliminary Recommendation: Do not take Discretionary Review and approve merger.

          SPEAKER(S): None

          ACTION: Without hearing, item continued to December 9, 2004

          AYES: Alexander, Antonini, Bradford Bell, Hughes, S. Lee, W. Lee, Olague

      11a. 2004.0336D (T. TAM: (415) 558-6325)

          1144 PLYMOUTH STREET - east side between Ocean and Holloway Avenues, Lot 34 in Assessor's Block 6943 - Mandatory Discretionary Review, under the Planning Commission's policy requiring review of housing demolition, of Demolition Permit Application No. 2002.09.06.5881 (dwelling at the front) to demolish an existing one-story, single-family dwelling in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.

          Preliminary Recommendation: Do not take Discretionary Review and approve the project as proposed.

          (Continued from Regular Meeting of October 14, 2004)

          SPEAKER(S):

          (-) Victor Kwok - Representing Discretionary Review Requestor

          - He displayed a photograph showing that several of the buildings on the block are set back.

          - The proposed project is unique because it is not setback.

          - He is not asking for a reduction in scale. He is just asking for the building to be designed the same as the other buildings on the block.

          (+) Lincoln Lue - Project Architect

          - The project sponsor is here and is available to answer questions.

          - The building is very old and in need of repair.

          - The building should be demolished.

          - They have been waiting a long time for this hearing.

          - The owner of the property has lost the income of this property for a long time.

          - The design of the buildings meets the aesthetic design of the neighborhood.

          ACTION: Did not take Discretionary Review and approved the demolition.

          AYES: Alexander, Antonini, Bradford Bell, Hughes, S. Lee, W. Lee, Olague

      11b. 2004.0759D (T. TAM: (415) 558-6325)

          1144 PLYMOUTH STREET - east side between Ocean and Holloway Avenues, Lot 34 in Assessor's Block 6943 - Mandatory Discretionary Review, under the Planning Commission's policy requiring review of housing demolition, of Demolition Permit Application No. 2002.09.06.5882 (dwelling at the rear) to demolish an existing one-story, single-family dwelling in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.

          Preliminary Recommendation: Do not take Discretionary Review and approve the project as proposed.

          (Continued from Regular Meeting of October 14, 2004)

          SPEAKER(S): Same as those listed for item 11a.

          ACTION: Did not take Discretionary Review and approved the demolition

          AYES: Alexander, Antonini, Bradford Bell, Hughes, S. Lee, W. Lee, Olague

          11c. 2004.0758DD (T. TAM: (415) 558-6325)

          1144 PLYMOUTH STREET - east side between Ocean and Holloway Avenues, Lot 34 in Assessor's Block 6943 - Mandatory Discretionary Review, under the Planning Commission's policy requiring review of new construction to replace demolished housing, of Building Permit Application No. 2002.09.06.5878S, for the construction of a three-story, two-family dwelling in an RH-2 (Residential, House, Two-Family) District and 40-X Height and Bulk District. On October 12, 2004, the adjacent neighbor at 1148 Plymouth filed a separate Discretionary Review request on the new construction.

          Preliminary Recommendation: Do not take Discretionary Review and approve the project as proposed.

      (Continued from Regular Meeting of October 14, 2004)

          SPEAKER(S): Same as those listed for item 11a.

          ACTION: Did not take Discretionary Review and approved the project

          AYES: Alexander, Antonini, Bradford Bell, Hughes, S. Lee, W. Lee, Olague

      12. 2004.0631D (M. SMITH: (415) 558-6322)

          21-23 JERSEY STREET - south side between Church and Dolores Streets, Lot 042 in Assessor's Block 6535 - Mandatory Discretionary Review, under the Planning Commission's policy requiring review of all dwelling unit mergers, of Building Permit Application No. 2004.07.01.7869, proposing to merge two dwelling units into a single dwelling unit, located in a RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.

      Preliminary Recommendation: Take Discretionary Review and Disapprove Merger

          SPEAKER(S):

          (+) Andrew Offlett - Project Architect

          - He attempted to file a dwelling unit merger about four years ago.

          - The merger policy that the Commission adopted came after he filed for a merger.

          - They were told that they had to revise their submittal.

          - He is asking that the Commission honor the policy when he originally submitted this.

          - All neighbors are not against the merger.

          - He feels that they have met all the criteria for this project.

          ACTION: Took Discretionary Review and disapproved the merger

          AYES: Alexander, Bradford Bell, Hughes, S. Lee, Olague

          NAYES: Antonini and W. Lee

      13. 2004.0780T (P. LORD: (415) 558-6311)

          HAIGHT STREET FORMULA RETAIL CONDITIONAL USE REQUIREMENTS - Consideration of an Ordinance amending Planning Code Section 707.3 to designate formula retail uses as a Conditional Use in the Haight Street Neighborhood Commercial District; and making findings of consistency with the priority policies of Planning Code Section 101.1 and the General Plan.

          Preliminary Recommendation: Approval

                (Continued from Regular Meeting of October 21, 2004)

          SPEAKER(S):

          (-/+) Kevin Strain

          - He was just notified of this legislation and this meeting yesterday.

          - None of the property owners in the Haight have been notified.

          - He requested that the item be continued for 60 days.

          - This is restricting unnecessary use.

          (-/+) Matthew Br

          - People who live near a project site should be notified of what is going on.

          - He requested that this legislation be continued for about 60 days.

          (-/+) Mark Brennan

          - This legislation has surprised many people, especially property owners.

          - The noticing was not adequate.

          - He lives on Haight Street and he can tell the Commission that the street is in trouble.

          - There are a number of problems on that street, but there are a lot of storefronts as well.

          - This matter should be continued until the people involved are allowed to be notified and come to speak.

          (-/+) Flip Sarrow

          - The merchants are in support of formula business.

          - They need to have an opportunity to be notified and to have a say.

          - There are a lot of empty storefronts.

          - He hopes that the neighborhood will have this legislation.

          (-/+) Joe O'Donoghue

          - There are people that did have an opportunity to read the legislation.

          - The Commission listens to land use matters and this is an important land use matter.

          - Property owners should not be treated differently.

          - The Commission should continue this matter. It will not affect the hearing that will be held at the Board of Supervisors.

          (+) Peter Cohen

          - He does not live in the Haight District but he participated in forming the legislation.

          - There were many mechanisms that were included to form formula retail.

          - This legislation was designed to be very centralized and it gives the chance for individual neighborhoods to determine what formula retail they need.

          ACTION: Approved

          AYES: Alexander, Bradford Bell, Hughes, S. Lee, W. Lee, Olague

          NAYES: Antonini

          RESOLUTION: 16875

      14. 2004.0962C (T. WANG: (415) 558-6335)

          50 THOMAS MORE WAY - on the southwest corner of Thomas More and Brotherhood Ways; Lots 010 and 011 in Assessor's Block 7380 - Request for Conditional Use authorization pursuant to Planning Code Sections 209.3 (g) to allow St. Thomas More School the addition of a third story, approximately 3,800 square feet of floor area, to a two-story classroom building, which was authorized under a previous Conditional Use Case No.2004.0306C (Motion No. 16815) in an RH-1 (D) (Residential, House, One-Family, Detached Dwelling) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

          SPEAKER(S):

          Mark Siber - Project Sponsor

          - They previously requested an approval for a Conditional Use for a classroom addition and a gymnasium addition. As the work progressed they discovered a need to fit in this third floor piece above the second floor piece.

          - The new work does not change the footprint of the building and fits within the height limit that was already approved.

          ACTION: Approved

          AYES: Alexander, Antonini, Bradford Bell, Hughes, S. Lee, W. Lee, Olague

          MOTION: 16876

          15. 2004.0141C (B. FU: (415) 558-6613)

          100 FELTON STREET - northwest corner of Girard avenue and Felton street - Lot 013, Assessor's Block 5926 - Request for Conditional Use authorization under Planning Code Sections 209.6(b) to install a wireless telecommunications facility consisting of 6 panel antennas and related equipment on an existing three-story publicly-used structure (church) as part of Cingular Wireless' wireless telecommunications network in a Location Preference 1 (Preferred Location - Publicly-Used Structure), according to the Wireless Telecommunications Services (WTS) Siting Guidelines, within a RH-2 (Residential - Two Family) Zoning District and a 40-X Height and Bulk District.

                Preliminary Recommendation: Approval with Conditions

          SPEAKER(S):

          Tony Kim - Representing Cingular Wireless

          - There is currently poor coverage in the area.

          - There were community meetings and 513 trilingual notices within a 500-foot radius were sent out.

          - 50 members of the public attended.

          - Translators were present at the meeting.

          - He submitted the figures of the blocked and dropped calls for the area.

          - The RF Frequency report was approved by the Health Department.

          - This is a location preference one. It is the best location to provide reliable coverage for the Portola area.

          (-) Hazel Lee

          - She lives on San Bruno Avenue.

          - She did not receive any information from Cingular Wireless about the installation of this antenna.

          - She just heard that at the Cow Palace is not the hot Portola area.

          - She requests that this project be continued. There is not enough information regarding the zoning map.

          - Not too many people attended the community meetings.

          (-) Lina (did not state last name)

          - She lives near the church.

          - They are very concerned about this matter.

          - The first meeting was October 18 and they had only two days to get the information.

          - About seven people attended the first meeting.

          - Most of the neighbors are upset about this. They are more concerned about their health than better reception with their cell phones.

          (-) David Lee

          - He has lived in San Francisco for about 20 years.

          - His home is very close to where the antennas will be installed.

          - He did not attend the meeting because he was in school.

          - His neighborhood is a high-density residential district.

          - There are many family day care centers at close proximity to the antenna location.

          (-) Howard Woo

          - He lives on Girard Street.

          - The medical field always has something to say about the health hazard when using cell phones.

          - He worries about this but he worries more about the younger generations because they will be the future of this country.

          - It is important to give youngsters an opportunity to have good health.

          - Most of the people who attended the community meetings did not understand what was going on.

          - He urged the Commission to disapprove or delay the project.

          (-) Simon Leu

          - He lives on Gerard Street.

          - There are a lot of people in the neighborhood who do not speak English.

          - The community is a high-density residential district.

          - There are many schools near the church where the antenna will be located.

          - According to his research, it was discovered that when people are exposed to antenna radiation it causes cells to form cancer.

          - In order to ensure that there is a safe environment, this proposal should be denied.

          (+) Ruben Arellano

          - He is the pastor of Apostolic Assembly of Hayward.

          - He encouraged the Commission to approve this application.

          - They have been a cellular site for five years. They are not only a blessing to the community but the cellular company is a blessing to them.

          - It would be a terrible thing if someone was being mugged and his or her cell phone had no signal.

          - No one has died from this.

          - It is a service that is needed for the community.

          - The income is also very beneficial to the church.

          ACTION: Approved

          AYES: Alexander, Antonini, Bradford Bell, Hughes, S. Lee, W. Lee, Olague

          MOTION: 16877

          16a. 2002.0928CEV (D. DIBARTOLO: (415) 558-6291)

          7-11 VANDEWATER STREET (AKA 9 VANDEWATER) AND 418-420 FRANCISCO STREET - a through lot between Powell and Mason Streets; Lots 009 and 019 in Assessor's Block 0041 - Request for Conditional Use authorization to merge two assessor's lots into one single lot greater than 5,000 square feet per Section 722.11 of the Planning Code. The proposal is to demolish two existing one story commercial structures at the Vandewater Street frontage and to construct a new four-story building with nine dwelling units over a garage. The project retains the existing two-story mixed-use structure on Francisco Street by rehabilitating the façade and adding a new partial third floor. The existing residential unit would remain and occupy the two-story space above the approximately 900 square foot ground floor commercial space that would also be retained. The Zoning Administrator at this concurrent public hearing will also consider a rear yard modification and variance request, within the North Beach Neighhood Commercial District (NCD) and a 40-X Height and Bulk District.

          Preliminary Recommendation: Approval with conditions.

          SPEAKER(S):

          (+) Michael Jack - Project Architect

          - He is available for questions.

          -

          (+) Jeremy Nelson - Transportation for a Livable City

          - He reviewed the negative declaration and did not see what the impacts would be of the one-to-one parking.

          - This seems to be an oversight.

          - 78 percent of household in the area commute by public transportation.

          - There are quite a few high concentrations of vehicle accidents and pedestrians in the area.

          - The width of the entrance to the project is questionable.

          ACTION: Approved as Amended:

                Add the following to the Conditions of Approval:

                DESIGN

                10. The Project Sponsor shall continue to work with the Department on design development, including, but not limited to, aspects such as the refinement of architectural features and the use of exterior finish materials with specific attention to minimize the apparent width of the garage entrance (change of materials used for side venting louvers).

          AYES: Alexander, Antonini, Bradford Bell, Hughes, S. Lee, W. Lee, Olague

          MOTION: 16878

          16b. 2002.0928CEV (D. DIBARTOLO: (415) 558-6291)

                7-11 VANDEWATER STREET (AKA 9 VANDEWATER) AND 418-420 FRANCISCO STREET - a through lot between Powell and Mason Streets; Lots 009 and 019 in Assessor's Block 0041 - Requests for Variances. The proposal is to merge two assessor's lots into one single lot greater than 5,000 square feet; to demolish two existing one story commercial structures at the Vandewater Street frontage; and to construct a new four-story building with nine dwelling units over a garage. The project retains the existing two-story mixed-use structure on Francisco Street by rehabilitating the façade and adding a new partial third floor. A rear yard modification is sought under Section 134 (e) to provide a rear yard open space within an inner court. A variance is sought from dwelling unit exposure requirements, as the horizontal dimensions of the inner court do not meet the requirements for an open area as defined under Section 140 (a)(2) for dwelling unit exposure, and six of the ten units have no exposure other than this inner court. The site is within the North Beach Neighborhood Commercial District (NCD) and a 40-X Height and Bulk District.

          SPEAKER(S): Same as those listed for item 16a.

          ACTION: The Zoning Administrator closed the public hearing and has taken the matter under advisement.

          17. 2004.0370C (G. NELSON: (415) 558-6257)

          3640 BALBOA STREET - north side between 37th and 38th Avenues; Lot 005F in Assessor's Block 1580 - Request for Conditional Use authorization pursuant to Section 161(j) of the Planning Code to allow the construction of two dwelling units without off-street parking. The proposal is to alter a mezzanine story within an existing 20-foot tall commercial structure and to add two additional floors to the building, resulting in an approximately 40-foot tall, four-story building. The two top floors will each contain a dwelling unit. The reconfigured second floor contains storage space ancillary to the restaurant below (considered a Full-Service Restaurant per Section 711.42 Section 711.53 of the Code). The subject property is within an NC-2 (Small Scale Neighborhood Commercial) District and a 40-X Height and Bulk District.

      Preliminary Recommendation: Approval with conditions.

      (Continued from Regular Meeting of October 7, 2004)

          NOTE: On October 7, 2004, the Commission entertained a motion to approve by a vote +2 -3. The motion failed to carry. Commissioners Hughes, S. Lee, and Olague voted no. Commissioner Bradford-Bell was absent. The Commission continued the matter to October 28, 2004 by a vote +4 -1 (Commissioner Hughes voted No) requiring more information about the effects on local businesses (specifically the Balboa Theater) and receive input from the owners of the Sugar Bowl Bakery regarding their displacement. Public Hearing Remains Open.

          SPEAKER(S):

          (+) Edward Low - Representing Project Sponsor

          - He is available for questions.

          (+) Jeremy Nelson - Transportation for a Livable City

          - They continue to support the parking requirements for this project.

          - This project should move forward.

          ACTION: Approved

          AYES: Antonini, Hughes, S. Lee, W. Lee, Olague

          ABSENT: Alexander and Bradford Bell

          MOTION: 16879

          18a. 2003.0262E!KXCVMRTZ (M. LI: (415) 558-6396)

                1401-1435 MARKET STREET - southwest corner at 10th Street; Lot 039 in Assessor's Block 3507- Adoption of CEQA findings regarding the proposed establishment of the Tenth and Market Streets Special Use District, the construction of two residential buildings containing a total of up to 450 dwelling units, and the potential construction of an office building for occupancy by the City and County of San Francisco. The property is currently within a C-3-G (Downtown General Commercial) District and 320-S, 200-S, 150-S Height and Bulk Districts.

                Preliminary Recommendation: Adopt the CEQA findings

                (Continued from Regular Meeting of October 21, 2004)

          SPEAKER(S):

          (+) Don Faulk - Director of Housing Development for Tenderloin Neighborhood

          - They have undertaken other housing projects. One was approved three weeks ago.

          - They adopted goals to develop affordable housing.

          (+) Dan Bulkley - Executive Director of Citizen Housing

          - He is glad that the City is supporting them on moving housing ahead.

          - He does not know what the affordability of the units are until they submit information to the state.

          - He is asking for flexibility on the parking until they get more information on affordability.

          (+) Merle Malakoff - Mercy Housing California

          - They control a housing project across the street.

          - They have been in close communication with the project sponsors of this project to monitor how the proposed project fits in with the Redevelopment Project Area.

          (+) Byron Yee - Chair of the Mid-Market Committee

          - This project is very aggressive in regards to housing needs.

          - He hopes that the Commission will approve this project.

          (+) David Acton - Commercial Owner of the Mid-Market Area.

          - They looked at this project several times and are in full support of it.

          - The more flexibility allowed, the better for the project.

          (+) Tom Hart - Shorenstein Company

          - He is a member of the Mid-Market PAC.

          - He has been working closely with the designers of this project.

          - This is a good project for the area.

          - This project adds to the housing stock in the City and puts "feet and eyes" in the area.

          (+) Jeremy Nelson - Transportation for a Livable City

          - They support in general the housing this project will provide.

          - The environmental report does not provide expanded information on the impacts of traffic and pedestrians.

          - Transit first policy directs project sponsors to consider the public transportation in the area.

          (+) Jeff White - Redevelopment Agency

          - He has been working with the sponsors of this project for over a year.

          - Redevelopment Agency has been working closely with the Planning Department on the Mid-Market Development Plan.

          - The adoption of the plan may increase the Inclusionary housing requirement in the planned area.

          ACTION: CEQA Findings Adopted with the corrected date of October 28, 2004.

          AYES: Antonini, Hughes, S. Lee, W. Lee, Olague

          ABSENT: Alexander and Bradford Bell

          MOTION: 16880

          18b. 2003.0262E!KXCVMRTZ (M. LI: (415) 558-6396)

                1401-1435 MARKET STREET, southwest corner at 10th Street; Lot 039 in Assessor's Block 3507 - Request for a General Plan referral to determine if the vacation and sale of Jessie Street, related to the construction of two residential buildings with a total of up to 450 dwelling units and the potential construction of an office building for occupancy by the City and County of San Francisco, are in conformity with the objectives and policies of the General Plan. The property is currently within a C-3-G (Downtown General Commercial) District and 320-S, 200-S, 150-S Height and Bulk Districts.

                Preliminary Recommendation: Determine that the vacation and sale of Jessie Street are in conformity with the objectives and policies of the General Plan

          SPEAKER(S): Same as those listed for 18a.

          ACTION: Approved

          AYES: Antonini, Hughes, S. Lee, W. Lee, Olague

          ABSENT: Alexander and Bradford Bell

          MOTION: 16881

          18c. 2003.0262E!KXCVMRTZ (M. LI: (415) 558-6396)

                1401-1435 MARKET STREET - southwest corner at 10th Street; Lot 039 in Assessor's Block - Request for a Planning Code text amendment related to the proposed establishment of the Tenth and Market Streets Special Use District. The Planning Code text amendment consists of adding Section 249.27 to the Planning Code, which would establish the Tenth and Market Streets Special Use District and include the following provisions: (a) eliminate residential density restrictions, (b) exempt residential uses from the calculation of floor area ratio, (c) provide a height exemption of up to 30 feet for elevator and mechanical penthouses, and (d) allow residential parking up to a ratio of one independently accessible space for each dwelling unit with conditional use authorization. The property is currently within a C-3-G (Downtown General Commercial) District and 320-S, 200-S, 150-S Height and Bulk Districts.

                Preliminary Recommendation: Adopt the draft resolution

                (Continued from Regular Meeting of October 21, 2004)

          SPEAKER(S): Same as those listed for 18a.

          ACTION: Without hearing, item continued indefinitely.

          AYES: Antonini, Hughes, S. Lee, W. Lee, Olague

          ABSENT: Alexander and Bradford Bell

          18d. 2003.0262E!KXCVMRTZ (M. LI: (415) 558-6396)

                1401-1435 MARKET STREET - southwest corner at 10th Street; Lot 039 in Assessor's Block 3507 - Request for a zoning map amendment related to the proposed establishment of the Tenth and Market Streets Special Use District. The zoning map amendment consists of adding the Tenth and Market Streets Special Use District to Map 7SU of the Official Zoning Maps of the City and County of San Francisco. The property is currently within a C-3-G (Downtown General Commercial) District and 320-S, 200-S, 150-S Height and Bulk Districts.

                Preliminary Recommendation: Adopt the draft resolution

                (Continued from Regular Meeting of October 21, 2004)

          SPEAKER(S): Same as those listed for 18a.

          ACTION: Without hearing, item continued indefinitely.

          AYES: Antonini, Hughes, S. Lee, W. Lee, Olague

          ABSENT: Alexander and Bradford Bell

          18e. 2003.0262E!KXCVMRTZ (M. LI: (415) 558-6396)

                1401-1435 MARKET STREET - southwest corner at 10th Street; Lot 039 in Assessor's Block 3507 within the C-3-G (Downtown General Commercial) District and 320-S, 200-S, 150-S Height and Bulk Districts - Request for a General Plan amendment related to the proposed establishment of the Tenth and Market Streets Special Use District. The General Plan amendment consists of adding the Tenth and Market Streets Special Use District to Map 1 ("Downtown Land Use and Density Plan") of the Downtown Area Plan and adding Policy 2 to Objective 6 of the Downtown Area Plan. The property is currently within a C-3-G (Downtown General Commercial) District and 320-S, 200-S, 150-S Height and Bulk Districts.

                Preliminary Recommendation: Adopt the draft resolution

                (Continued from Regular Meeting of October 21, 2004)

          SPEAKER(S): Same as those listed for 18a.

          ACTION: Without hearing, item continued indefinitely.

          AYES: Antonini, Hughes, S. Lee, W. Lee, Olague

          ABSENT: Alexander and Bradford Bell

          18f. 2003.0262E!KXCVMRTZ (M. LI: (415) 558-6396)

                1401-1435 MARKET STREET, southwest corner at 10th Street; Lot 039 in Assessor's Block 3507- Request for a Section 309 Determination of Compliance and Request for Exceptions. The proposal is the construction of two residential buildings containing a total of up to 450 dwelling units. The project requires separation of towers, rear yard, loading, wind, and bulk exceptions pursuant to Section 309(a). The property is currently within a C-3-G (Downtown General Commercial) District and 320-S, 200-S, 150-S Height and Bulk Districts.

                Preliminary Recommendation: Approve with conditions

          SPEAKER(S): Same as those listed for 18a.

          ACTION: Approved

          AYES: Antonini, Hughes, S. Lee, W. Lee, Olague

          NAYES: Alexander and Bradford Bell

          MOTION: 16882

          18g. 2003.0262E!KXCVMRTZ (M. LI: (415) 558-6396)

                1401-1435 MARKET STREET, southwest corner at 10th Street; Lot 039 in Assessor's Block 3507 - Request for conditional use authorization to (1) provide residential parking for the 10th Street Building exceeding an amount classified as accessory (220 residential spaces are requested where 93 independently accessible spaces would be allowed as-of-right), (2) allow additional FAR above the base FAR of 6.0 to 1 and up to a maximum FAR of 9.0 to 1 for the construction of affordable dwelling units, and (3) exceed the residential density ratio of one unit for every 125 square feet of lot area as part of a proposal to construct two residential buildings containing a total of up to 450 dwelling units. The property is currently within a C-3-G (Downtown General Commercial) District and 320-S, 200-S, 150-S Height and Bulk Districts.

                Preliminary Recommendation: Approve with Conditions

          SPEAKER(S): Same as those listed for 18a.

          ACTION: Approved

          AYES: Antonini, Hughes, S. Lee, W. Lee, Olague

          ABSENT: Alexander and Bradford Bell

          MOTION: 16883

          18h. 2003.0262E!KXCVMRTZ (M. LI: (415) 558-6396)

                1401-1435 MARKET STREET, southwest corner at 10th Street; Lot 039 in Assessor's Block 3507 within a C-3-G (Downtown General Commercial) District and 320-S, 200-S, 150-S Height and Bulk Districts - Permitted obstructions variance sought. The proposal is the construction of two residential buildings containing a total of up to 450 dwelling units. Section 136(c)(19) of the Planning Code allows fences and windscreens not exceeding a height of 10 feet above grade within the required rear yard. The proposed residential buildings will include a fence/windscreen exceeding a height of 10 feet within the required rear yard. The variance will be considered by the Zoning Administrator.

          SPEAKER(S): Same as those listed for 18a.

          ACTION: Zoning Administrator closed the Public Hearing and granted the variances.

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))

      None

      Adjournment: 6:31 p.m.

      THESE MINUTES ARE PROPOSED FOR ADOPTION AT THE REGULAR MEETING OF THE PLANNING COMMISSION ON THURSDAY, FEBRUARY 24, 2005.

SPEAKERS: None

ACTION: Approved

AYES: Alexander, Antonini, Bradford Bell, Hughes, S. Lee, W. Lee, Olague

Last updated: 11/17/2009 10:00:15 PM