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April 7, 2005

April 7, 2005

SAN FRANCISCO
PLANNING COMMISSION

Meeting Minutes

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

Thursday, April 7, 2005
1:30 PM

Regular Meeting

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

COMMISSIONERS ABSENT: Dwight Alexander

THE MEETING WAS CALLED TO ORDER BY PRESIDENT SUE LEE AT 1:52 p.m.

STAFF IN ATTENDANCE: Dean Macris - Interim Director of Planning; Larry Badiner - Zoning Administrator; Kate Stacey - Deputy City Attorney; Kelley Amdur; Craig Nikitas; Paul Maltzer; Amit Ghosh; Dan Sider; Dan DiBartolo; Geoffrey Nelson; Dan Sirois; Mary Woods; Elaine Tope; 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.

    1a. 2004.0893DV (T. TAM: (415) 558-6325)

        1223 BOSWORTH STREET - south side between Congo Street and O'Shaughnessy Boulevard, Lot 33A in Block 6706 - Request for Discretionary Review for Building Permit Application 2004.11.04.8581 to construct a new three-story-over-garage, single-family dwelling unit on a substandard size lot measuring 25 feet in width by 42 feet in length. The subject property is located in an RH-1 (Residential, House, One-Family) District and a 40-X Height and Bulk District.

        Preliminary Recommendation: Take Discretionary Review and approve the project with modifications.

        NOTE: On March 10, 2005, the Commission voted to Take Discretionary Review and Approve the Project. The motion failed by a vote of +2-2; Commissioners Alexander, Bradford Bell and Hughes were absent. The item was continued to April 7, 2005, to allow the absent Commissioners the ability to participate in final action.

        NOTE: On March 10, 2005, the Commission continued this matter to April 7, 2005, to allow absent Commissioners the opportunity to participate in final action. This item was unfortunately left off the April 7, 2005 calendar through Administrative error. Notice is hereby given that this matter is now continued to April 21, 2005

        SPEAKER(S): None

        ACTION: The Commission Secretary read the above note into the record. The Commission took no action.

    1. 2003.0869E (J. NAVARRETE: (415) 558-5975)

        88 FIFTH STREET - THE OLD U.S. MINT - Appeal of Preliminary Mitigated Negative Declaration - The proposed project is the rehabilitation plus seismic upgrade and addition to the United States Old Mint located at 88 Fifth Street in downtown San Francisco (Assessor's Block 3704, Lot 11). The existing three-story plus an occupied attic 99,921-gross-square-foot (gsf) building would be retained, and the first floor courtyard enclosed in 1973 for offices would be removed, (a deduction of 4,336 gsf), and additional circulation bridges, stairs and an elevator (addition of 2,642 gsf) would be added within the existing 4-story courtyard. The existing attic would be expanded on the roof along the south side of the courtyard to create a museum gallery (an addition of 1,554 gsf) with a view of the city skyline to the south. The courtyard removal and additions of bridges and roof gallery would result in an overall reduction of gsf, for a total floor area of 99,788 gsf. The building would include 79,957 square feet if usable space total including: 36,326 sf of City History Museum space, 2,082 sf of Museum office space, 2,045 sf of museum back of house space, 2,044 sf of museum retail, and 3,336 sf of museum theater space. Tenants in the building would be the 8,153 sf Gold Rush and Money Museum, 2,492 sf of small retail lease spaces, and 6,360 gsf of restaurant space and cafe. 3,987 sf would be used for the San Francisco Visitor Center, and the remaining 11,108 sf would be circulation, toilets and support spaces ancillary to the museum use. The project would include closure of Jessie Street to vehicles, between Mint and Fifth Streets, to be used for outdoor restaurant seating. The project site is approximately 47,515 sq. ft., is zoned P (Public) within a 90-X height and bulk district, and within the Mid-Market St. Revitalization and Conservation District. Transaction document approvals would be required from the Board of Supervisors, and the Landmarks Preservation Advisory Board would require a Certificate of Appropriateness.

        Preliminary Recommendation: Uphold Mitigated Negative Declaration

        (Continued from Regular Meeting of March 24, 2005)

        (Proposed for Continuance to April 28, 2005)

        SPEAKER(S): None

        ACTION: Without hearing, item continued to April 28, 2005

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

        ABSENT: Alexander

    2. (L. AVERY: (415) 558-6407)

        PLANNING COMMISSION RULES AND REGULATIONS - CONSIDERATION OF AMENDMENT: Article IV, Sections 3 & 6 to address notice and voting; add a new Section 7 to address jurisdiction; renumber remaining section of Article IV.

        (Proposed for Continuance to April 21, 2005)

        SPEAKER(S): None

        ACTION: Without hearing, item continued to April 21, 2005

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

        ABSENT: Alexander

    3. 2004.0858C (D. DiBARTOLO: (415) 558-6291)

              766 VALLEJO STREET - north side between Powell and Stockton Streets; Lot 043 in Assessor's Block 130 - Request for Conditional Use Authorization pursuant to Section 722.83 of the Planning Code to install and operate a wireless telecommunication facility for AT&T Wireless Service, roof-mounted on the existing building comprising a parking garage and police station. Under the City and County of San Francisco's Wireless Telecommunication Services (WTS) Facilities Siting Guidelines, the property is a Preferred Location Preference 2, as a co-location site of previously approved antenna installations. The proposal is to install six panel antennas at three different locations on the roof of the approximately 67-foot high building. Related equipment would be placed on the fourth floor level within the parking garage a basement storage area. The property is within the North Beach Neighborhood Commercial District and a 40-X Height and Bulk District.

Preliminary Recommendation: Pending

        (Continued from Regular Meeting of February 3, 2005)

    (Proposed for Continuance to May 12, 2005)

        SPEAKER(S): None

        ACTION: Without hearing, item continued to May 12, 2005

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

        ABSENT: Alexander

    4. 2004.0220E. (N. TURRELL: (415) 558-5994)

        1840 WASHINGTON STREET - Assessor's Block 0599, Lot 008 - Appeal of Preliminary Mitigated Negative Declaration. The proposed project involves the construction of an approximately 45,238-gross-square-foot (gsf), eight-story, 80-foot-high residential building, which would include about 31,868 gsf of residential use (29 dwelling units), and 13,370 gsf of parking (35 off-street parking spaces). The proposed project would also include the demolition of an existing 7,500 gsf, one-story-plus-mezzanine building formerly occupied by Teevan Restoration. The approximately 7,021-square-foot (sf) project site is located mid-block on the north side of Washington Street between Van Ness Avenue and Franklin Street. The site is zoned RC-4 (Residential-Commercial Combined District, High Density) and is in the Van Ness Special Use District, and an 80-D height and bulk district. The proposed project would require conditional use authorization for new construction exceeding 40 feet in height in the Van Ness Special Use District, and a variance for one unit, which would not meet the dwelling unit exposure requirement.

    Preliminary Recommendation: Uphold Preliminary Mitigated Negative Declaration

    (Proposed for Continuance to May 12, 2005)

        SPEAKER(S): None

        ACTION: Without hearing, item continued to May 12, 2005

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

        ABSENT: Alexander

5. 2004.1158D (B. FU: (415) 558-6613)

            877 CAROLINA STREET - east side between 20th and 22nd Streets; Lot 026 in Assessor's Block 4097 - Request for Discretionary Review of Building Permit Application No. 2004.07.16.9070 proposing to construct an one-story vertical addition to the existing one-story over garage single-family dwelling, within a RH-2 (Residential House, Two-family) District and a 40-X Height and Bulk District.

            Preliminary Recommendation: Do Not Take Discretionary Review and Approve Project as Proposed.

              (Continued from Regular Meeting of March 10, 2005)

              (Proposed for Indefinite Continuance)

            SPEAKER(S): None

            ACTION: Without hearing, item continued indefinitely.

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

            ABSENT: Alexander

      B. COMMISSIONERS' QUESTIONS AND MATTERS

        6. Consideration of Adoption:

              · Draft Minutes of Regular Meeting for February 3, 2005

            SPEAKER(S): None

            ACTION: Approved

            AYES: Antonini, Bradford Bell, S. Lee, Olague

            EXCUSED: Hughes and W. Lee

            ABSENT: Alexander

              · Draft Minutes of Regular Meeting for February 17, 2005

            SPEAKER(S): None

            ACTION: Approved

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

            ABSENT: Alexander

              · Draft Minutes of Executive Session for February 17, 2005

            SPEAKER(S): None

            ACTION: Approved

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

            EXCUSED: Olague

            ABSENT: Alexander

              · Draft Minutes of Regular Meeting of March 17, 2005

            SPEAKER(S): None

            ACTION: Approved

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

            EXCUSED: S. Lee

            ABSENT: Alexander

          7. Commission Comments/Questions

            Commissioner Antonini:

            Re: Planning Director

            - They have received a lot of resumes and are conducting a lot of interviews for the position of Director.

            Commissioner W. Lee:

            Re: 55 Natoma

            - He received a call on this project that was demolished.

            - Does this project have state jurisdiction or local jurisdiction?

            - There is construction going on but the public believes that the project should have gone through local departments.

              Zoning Administrator Responded:

              Staff will look into this.

            Commissioner Hughes:

            Re: Board of Realtors

            - He would like to know if there is consensus of the Commission to think about whether or not the Commission should direct staff to communicate in written form to the Board of Realtors our request that they notify buyers of properties--where applicable-if they fall under the requirements of the exclusionary threshold.

            - A couple of weeks ago, he had indicated that he would like his fellow commissioners to think about this since properties that fall within the threshold of the demolition policy since they should disclose this information to potential buyers so that people who do purchase properties that are subject to the demolition policy go in with their eyes open.

            Commissioner Sue Lee:

            Re: Board of Realtors

            - She recommended that staff and Commissioners meet with the representatives of the Board of Realtors to discuss this.

            NOTE: Commissioner Antonini, Olague, Hughes are in agreement with Commissioner Sue Lee.

            Commissioner Olague:

            Re: Health Assessment

            - Will this be scheduled in the future?

              Interim Director responded

              - This will be scheduled on April 21, 2005.

              Commission Secretary responded:

              - She recommends a noon workshop.

            Commissioner Olague:

            Re: Bloomingdale's

            - She would like a briefing on this project.

              Interim Director responded:

              - Staff can organize a representative to come and give a status report.

            Commissioner Olague:

            - On Tuesday, at the Board of Supervisors, Supervisor McGoldrick introduced legislation on Better Neighborhoods.

                  Interim Director responded:

                  - This was just introduced on Tuesday so staff will look into this.

            Commissioner W. Lee:

            Re: Transbay Terminal

            - He would like a briefing from the City Attorney on the Transbay Terminal.

            - Was there any exposure on this?

              City Attorney Kate Stacey Responded:

              - Because they don't have a written decision from the judge yet, they are not certain of the exact terms of the decision.

              - Based on the comments and questioning that went on in court on Tuesday, the attorney had four concerns about the EIR.

              - One was the description of the environmental setting since it didn't include the Natoma project.

              - Another issue was that of the analysis. The EIR didn't contain an analysis of a possible project that would include both Transbay Terminal and the housing project at 80 Natoma.

              - There were questions about the cumulative impacts analysis.

              - And fourth, the EIR could have included more analysis of the project's impact on housing in San Francisco.

              - As a separate matter, the judge also was concerned that the Board of Supervisors did not have a fully fair and unbiased hearing on the matter.

              - Those are the issues that were raised in court on Tuesday.

              - They haven't seen a written order yet from the judge. They will know more when they get that.

              - Her office was surprised and disappointed by the ruling.

            Commissioner Bradford Bell:

            - She requested a briefing after the City Attorney has the ruling from the judge.

      C. DIRECTOR'S REPORT

        8. Director's Announcements

            None

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

            BOS -

            Re: Medical Marijuana Moratorium proposed by Mayor Newsom

            - This was put in place on April 1, 2005. There will be a hearing on April 25, 2005.

            - The Planning Department has been asked to prepare a report.

            - The City believes that it is an appropriate use but there are concerns regarding nearby uses.

            BOA - None

        10. EPS Associates presentation of findings from an analysis of the supply and demand for PDR (production, distribution, repair) space in the City's eastern neighborhoods.

            Darren Smtih - EPS Associates

            - Gave a PowerPoint presentation on the Eastern Neighborhoods.

            James Busbacker - EPS Associates

            - This has been an ongoing issue.

            - She is glad that the department and the Commission are moving forward on this.

            - In reviewing the projects as they come through the neighborhoods, PDR is different now than what it was. It is actually now a denser use.

            Lou Blazej

            - PDR services come from outside of the City.

            - It is important to look at PDR and find out where the companies are coming from.

            Bob Meyers

            - This is a first step that has been long overdue.

            - He would like to get a copy of report titled "option B."

            Peter Cohen

            - This is very good information.

            - Has the available building space been evaluated?

            - Will the vast majority of the space be used for single use?

            Sue Hestor

            - How are industrial uses depending on modes of transportation?

            - It is important to factor in how people move throughout the City.

            - Maybe the scoping should be extended beyond 5:00 p.m. tomorrow.

        11. Informational Report on Case No. 2000.586EKX at One Polk Street, a.k.a. Bovet Place

            SPEAKER(S): None

      D. GENERAL PUBLIC COMMENT - 15 MINUTES

        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. Each member of the public may address the Commission for up to three minutes.

        Joe O'Donaghue

        Re: Loss of Good Employees

        - It is important to retain people of experience and that understand the codes.

        - It is not good to dismiss people because of political reasons.

        - The issue here is that Jim Hutchinson of the Department of Building Inspection has been dismissed.

      E. REGULAR CALENDAR

        12. 2004.0309EK!FSCDTZ (D. SIDER: (415) 558-6697)

            2949 18TH STREET (AKA 2902-2998 19TH STREET; AKA 2901-2955 18TH STREET; AKA 601 ALABAMA STREET; AKA 600 FLORIDA STREET; AKA THE FORMER RYDER TRUCK RENTAL FACILITY; AKA THE ALABAMA STREET FAMILY HOUSING PROJECT), THE ENTIRE CITY BLOCK BOUNDED BY 18TH, 19TH, FLORIDA, AND ALABAMA STREETS; Lot 001 in Assessor's Block 4021: Request for: (1) Conditional Use Authorization to allow the construction of dwelling units in an M-1 Zoning District pursuant to Planning Code Section 215(a); (2) Conditional Use Authorization to allow a Planned Unit Development (PUD) pursuant to Code Section 304 to modify Sections including (a) the off-street loading requirements of Section 152.1 and (b) the rear yard requirements of Section 134(a)(1]; (3) changes in the text of the Planning Code to establish the "Alabama and 18th Streets Affordable Housing Special Use District"; (4) a reclassification of the subject property (a change in the Zoning Map) to include the parcel in question within the aforementioned Special Use District; and, (5) authorization under the Commission's Discretionary Review powers for a project which would result in a net loss of PDR (Production, Distribution, and Repair) space as set forth in Commission Resolution Number 16727. The proposal would demolish an existing one-story 9,000 square foot structure most recently used for commercial truck dispatch and maintenance and construct a new four-story over basement building containing 151 dwelling units, at least 117 of which are affordable (and a further 24 of those which would be designated for occupancy by senior citizens), 12,000 square feet of PDR space, and 140 off-street parking spaces. The property is currently located within an M-1 (Light Industrial) Zoning District, the "Housing/PDR" Sub-Area of the Eastern Neighborhoods Interim Development Policies as set forth in Planning Commission Resolution Number 16727, and a 50-X Height and Bulk District.

            Preliminary Recommendation: Approval with Conditions

            SPEAKER(S):

            (+) Scott Belcone - Citizen's Housing Corporation

            - There was a yearlong community planning process for this project.

            - There were large community meetings held during evenings and weekends at which translators were present.

            - Models and renderings were available at all the meetings so that the community could visualize the project.

            (+) Dan Solomon - Project Architect

            - He gave an architectural overview using rendering boards and provided information on the floor plans, façade and alley designs.

            (+) James Collins

            - This is a very good project.

            - This is a win-win situation for the community and businesses.

            (+) Kate White - Housing Action Coalition

            - She is very happy that this project is before the Commission.

            - This project is a model project.

            (+) Jennifer Martinez - San Francisco Organizing Project

            - She read a letter from various seniors who could not attend the meeting but are in support of the project.

            (+) Teresa Yanga - Project Manager - Mayor's Office of Housing

            - One of the conditions of the funding was that the sponsors conduct a community planning process.

            - She commends the project sponsor for their hard work and what they have done.

            (+) Delia Villanueva de Leon - San Carlos Borromeo Parish

            - The community of San Carlos is in much need for housing.

            - She hopes that this project will move forward.

            (+) David Dempsey - Northeast Mission Neighborhood Association

            - They served in the community planning process.

            - He thanked Commissioner Olague for her participation in the planning of this project.

            (+) Fred Snyder

            - He owns a building on Alabama and one on Florida Street.

            - He is very pleased to have been invited on the advisory committee.

            - This project should be studied and used as a model project when working with various non-profits.

            (+) John O'Brien - O'Brien Mechanical

            - The project will have a union contractor and he is very much in favor of the project.

            - He is delighted that the project will finally be approved.

            (+) Phil Lesser - Mission Merchant's Association

            - Merchants like to have neighbors.

            - He was asked what he would like to see in this project and is glad about that.

            - It is important that people, who work in the neighborhood, live in the neighborhood.

            (+) Mike Suboy

            - He has seen a lot of discrepancies, crime, etc. in this neighborhood.

            - This project will beautify the neighborhood.

            (+/-) Jeremy Nelson - Transportation for a Livable City

            - This is a very good and strong project.

            - The Commission would be so lucky to see more projects like this one.

            - There is affordable housing in a richly public transit neighborhood.

            - He is just concerned with the 1 to 1 parking in a richly public transit neighborhood.

            - It is time to look at the parking requirements in transit corridors.

            (+) Patricia Delgado

            - She is a resident of the area and part of the advisory committee.

            - She is very much in support of the project.

            (+) Azalia Merrill

            - She was born in San Francisco.

            - This project addresses all of the concerns of the neighborhood.

            ACTION: Approved Conditional Use

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

            ABSENT: Alexander

            MOTION: 16976

            ACTION: Approved Conditional Use - Planned Unit Development

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

            ABSENT: Alexander

            MOTION: 16977

            ACTION: Approved Planning Code Text Changes

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

            ABSENT: Alexander

            RESOLUTION: 16978

            ACTION: Approved Zoning Map Change

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

            ABSENT: Alexander

            RESOLUTION: 16979

        13. 2005.0074D (R. CRAWFORD: (415) 558-6358)

            231 ORTEGA STREET - south side between 9th and 10th Avenues. Assessor's Block 2125 Lot 001F - Request for Discretionary Review of Building Permit Application No. 2004 1005 6033 to construct a full third story on the existing dwelling and to extend the building toward the front, west side, and rear, in an RH-1 (Residential House, One Family) District, and a 40-X Height and Bulk district.

            Preliminary Recommendation: Take Discretionary Review and Approve the Project with Modifications

            SPEAKER(S): None

            ACTION: Without hearing, item continued indefinitely.

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

            ABSENT: Alexander

        14. 2005.0209DDD (G. NELSON: (415) 558-6257)

            666 20th AVENUE - east side between Balboa and Cabrillo Streets, Lot 010E in Assessor's Block 1625 - Requests for Discretionary Review of Building Permit Application No. 2003.02.21.8031, proposing to construct a third-story vertical addition and horizontal addition at the rear of a single-family dwelling in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District. The proposal would create a second dwelling unit and a second off-street parking space.

            Preliminary Recommendation: Take Discretionary Review and Approve the Project with Modifications

            SPEAKER(S):

            (-) David Green - 1st Discretionary Review Requestor

            - He is concerned with the height of the building and requested a setback on the front of the building.

            - Staff did not give sufficient weight to the Residential Design Guidelines.

            - There are no side setbacks proposed.

            - They recognize the need for housing in this neighborhood, but this project should be revised.

            - He would like to have the third floor eliminated.

            (-) Julianne O'Keaffe - 2nd Discretionary Review Requestor

            - She and her family have lived in a two-story house for many years.

            - The proposed project is too large and does not meet the Residential Design Guidelines.

            (-) Duncan Heeny - 3rd Discretionary Review Requestor

            - He also has concerns with the height of the project as well as the fact that it does not meet the Residential Design Guidelines.

            - He just wants to live in a neighborhood where the residents want to preserve what they love so much.

            - This project will affect the quality of life of all the neighbors.

            (-) Ann Green

            - She has lived in the neighborhood all her life.

            - She is strongly opposed to this project because it disregards the Residential Design Guidelines.

            - This project is not in proportion or character with the rest of the properties in the neighborhood.

            - The project will affect the mid-block open space.

            (+) Amad Larizadeh - Representing Project Sponsor

            - The concerns of the Discretionary Review requestors seem to find that the project does not meet the Residential Design Guidelines.

            - The project sponsors just purchased the property and are expecting a baby. They also want to add another unit in order to have income.

            - The project is not going beyond anyone's property line.

            - The project sponsors have accommodated the concerns of the neighbors.

            - He is asking for another bathroom in the upper level.

            (+) Paul Chu

            - He lives on 20th Avenue.

            - He just moved into the neighborhood.

            - He and his wife are trying to have a larger space to live.

            - It is important that the project sponsor of this project be allowed to live in a larger space.

            (+) Sharon Wellerd

            - She and her husband are the project sponsors.

            - She and her husband are planning to raise a large family.

            - They plan on staying there because they both work in the City.

            ACTION: Hearing Held. Item continued to May 5, 2005 with instruction for redesign of ground floor and elimination or substantial reduction of third floor. Public Comment Remains Open.

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

            ABSENT: Alexander

        15a. 2004.1332D (G. CABREROS: (415) 558-6169)

            1539 LINCOLN WAY - south side between 16th and 17th Avenues; Lot 039 in Assessor's Block 1734 - Mandatory Discretionary Reivew, under the Planning Commission's policy requiring review of housing demolition, of Demolition Permit Application No. 2003.07.18.9867, proposing to demolish an existing single-family dwelling in an RM-1 (Residential, Mixed. Low-Density) District and a 40-X Height and Bulk District.

        Preliminary Recommendation: Do Not take Discretionary Review and approve demolition.

            SPEAKER(S): None

            ACTION: Without hearing, item continued April 14, 2005.

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

            ABSENT: Alexander

        15b. 2004.1333D (G. CABREROS: (415) 558-6169)

            1539 LINCOLN WAY - south side between 16th and 17th Avenues; Lot 039 in Assessor's Block 1734 - Mandatory Discretionary Review, under the Planning Commission's policy requiring review of new residential building in association with residential demolition, of Building Permit Application No. 2003.07.18.9863, proposing to construct a new four-story, three-unit building in an RM-1 (Residential, Mixed. Low-Density) District and a 40-X Height and Bulk District.

        Preliminary Recommendation: Do Not take Discretionary Review and approve.

            SPEAKER(S): None

            ACTION: Without hearing, item continued April 14, 2005.

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

            ABSENT: Alexander

        16a. 2004.1334D (G. CABREROS: (415) 558-6169)

            1545-1547 LINCOLN WAY - south side between 16th and 17th Avenues; Lot 038 in Assessor's Block 1734 - Mandatory Discretionary Review, under the Planning Commission's policy requiring review of housing demolition, of Demolition Permit Application No. 2003.07.18.9872, proposing to demolish an existing two-unit dwelling in an RM-1 (Residential, Mixed. Low-Density) District and a 40-X Height and Bulk District.

        Preliminary Recommendation: Do Not take Discretionary Review and approve demolition.

            SPEAKER(S): None

            ACTION: Without hearing, item continued to April 14, 2005.

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

            ABSENT: Alexander

        16b. 2004.1335D (G. CABREROS: (415) 558-6169)

            1545-1547 LINCOLN WAY - south side between 16th and 17th Avenues; Lot 038 in Assessor's Block 1734 - Mandatory Discretionary Review, under the Planning Commission's policy requiring review of new residential building in association with residential demolition, of Building Permit Application No. 2003.07.18.9869, proposing to construct a new four-story, three-unit building in an RM-1 (Residential, Mixed. Low-Density) District and a 40-X Height and Bulk District.

                  Preliminary Recommendation: Do Not take Discretionary Review and approve.

            SPEAKER(S): None

            ACTION: Without hearing, item continued April 15, 2005.

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

            ABSENT: Alexander

17. 2004.0934D (D. DIBARTOLO: (415) 558-6291)

            575 25TH AVENUE - west side between Anza Street and Geary Boulevard: Lot 016 in Assessor's Block 1519 - Request for Discretionary Review of Building Permit Application No. 2003.08.26.3071S, proposing to construct vertical and rear horizontal additions to the existing one-story over garage single-family residence and to add a new dwelling unit at the new second floor level. The project site is within 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.

            SPEAKER(S):

            (-) Beth Lewis - Discretionary Review Requestor

            - She has lived in the neighborhood for about eight years.

            - The project has not changed since November 18, 2004 when the Commission suggested that the case was not properly before them because of an illegal unit.

            - Construction has begun and the illegal unit was removed without permits.

            - She asked that the Commission not approve this project because there is still the probability that there would be an illegal unit constructed.

            (-) Richard Lowden

            - The Commission should take Discretionary Review on this project because the project sponsor and the contractors they hired cannot be trusted.

            - The illegal unit was rented out.

            - The plans submitted by the project sponsor did not include a bathroom on the lower level.

            (+) Awin Chan - Project Sponsor

            - He purchased his home 18 years ago and did not do any repairs until recently.

            - He just wanted to do his best with the construction of his property.

            - There was a tenant in the lower level but this person recently moved away.

            - He hopes that the Commission will approve the project.

            ACTION: Took Discretionary Review and disapproved the project

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

            ABSENT: Alexander and W. Lee

        18a. 2004.0571D (D. SIROIS: (415) 558-6313)

            336 MUNICH STREET - west side, between Brazil & Persia, Lot 032, Assessor's Block 6074 - Mandatory Discretionary Review under the Planning Commission's policy requiring review of housing demolition, of Demolition Permit Application 2004.06.04.5613, to demolish an existing single-family dwelling in an RH-1 (Residential, One-Family) District and in a 40-X Height and Bulk District.

            Preliminary Recommendation: Do not take Discretionary Review and approve the demolition

            (Continued from Regular Meeting of March 24, 2005)

            SPEAKER(S):

            (+) Mario Enriquez - Project Sponsor

            - Originally he just wanted to accommodate all the members of his family in the home they already live in.

            - The house only has two bedrooms and no garage.

            - As the project progressed, he realized that the remodeling job was a major undertaking which led them to think of other options. They started looking for houses on the market.

            - They were not able to find an affordable four-bedroom house. So after consulting with the structural engineer and a building contractor, a decision was made to rebuild instead of remodel.

            - They have been in the neighbohrood for 20 years and would like to remain there.

            ACTION: Did not take Discretionary Review and approved the demolition

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

            ABSENT: Alexander and W. Lee

            18b. 2004.0572D (D.SIROIS: (415) 558-6313)

                  336 MUNICH STREET - west side, between Brazil & Persia, Lot 032, Assessor's Block 6074 - Mandatory Discretionary Review under the Planning Commission's policy requiring review of new residential building in association with residential demolition, of Building Permit Application No. 2004.06.04.5620, proposing to construct a three-story, single-family residential building with one off-street parking in an RH-1 (Residential, One-Family) District and in a 40-X Height and Bulk District.

                  Preliminary Recommendation: Do Not Take Discretionary Review and approve the new construction

                  (Continued from Regular Meeting of March 24, 2005)

            SPEAKER(S): See Speakers for Item 18a.

            ACTION: Did not take Discretionary Review and approved the project

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

            ABSENT: Alexander and W. Lee

        19 2004.1114C (M. WOODS: (415) 558-6315)

            2655 HYDE STREET - southwest corner at North Point Street; Lot 028, in Assessor's Block 0026 - Request for Conditional Use authorization under Planning Code Sections 185(e) and 303 to remove the 2015 termination date of the amortization period for a legal non-conforming use (24 timeshare rental units with each purchaser having either a deeded interest or a non-deeded interest in the building, in Assessor's Block 0026T, Lots 001A through 999A and Lots 001B through 225B) of an existing four-story residential building, located in an RH-3 (Residential, House, Three-Family) District, a 40-X Height and Bulk District and the Waterfront Special Use District No. 2.

            Preliminary Recommendation: Approval with Conditions

            SPEAKER(S):

            Steve Hicks - Project Sponsor

            - He would like to delete the 2015 termination date.

            - The property is used as a time-share resort and has been operating in this manner for many years.

            - Many of the tourists using the time-share are very much in support of extending the termination date.

            - This property has enhanced the economy of San Francisco.

            (-) Sue Hestor

            - This property has gone through several owners and rental uses since 1960.

            - The project needs to come back into the housing market.

            (-) Margo Bradish

            - The code in the 60's allowed for a transient residential use.

            - In the early 90s the project was approved for dwelling unit use.

            ACTION: Approved

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

            ABSENT: Alexander and W. Lee

            MOTION: 16980

        20. 2005.0130C (E. TOPE: (415) 558-6316)

            3625 BUCHANAN STREET - west side between Bay and North Point Streets, Lot 126 in Assessor's Block 0460A - Request for Conditional Use Authorization pursuant to Planning Code Sections 303, 711.38 and 790.108 to legalize the conversion of the second floor residential use to "Service, Business or Professional" use in the two-story building located at the rear of the subject lot in an NC-2 (Small-Scale Neighborhood Commercial District) and a 40-X Height and Bulk District.

        Preliminary Recommendation: Approval with Conditions

            SPEAKER(S):

            (+) Amad Mojazed

            - He thanked staff for taking the time to assemble the report.

            - The use has been on the site for many years.

            (+) Dan Clark

            - He does not want to prevent the project sponsor from the conversion.

            - He would like to have a restriction on the use of the roof.

            - Because of the internal structure, this conversion could invite the use the roof in some manner.

            ACTION: Approved with Conditions as Amended: include a condition that allows for an alarm on the rooftop door leading to the roof that to prohibit access unless for maintenance.

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

            ABSENT: Alexander and W. Lee

            MOTION: 16981

        21. 2005.0096C (J. MILLER: (415) 558-6344)

            1160 MISSION STREET - north side between Seventh and Eighth Streets, with additional frontage on Stevenson Street, Lots 37, 38 and 56 in Assessor's Block 3702 - Request for Conditional Use authorization to permit additional building square footage above the base floor area ratio of 6.0 to 1 for space devoted to affordable housing units (Planning Code Section 124(f)), in conjunction with construction of a previously approved new, 23-story residential building, in a C-3-G (Downtown General Commercial) District and in 150-S and 240-S Height and Bulk Districts.

        Preliminary Recommendation: Approval with conditions

                  (Continued from Regular Meeting of March 24, 2005)

            SPEAKER(S): None

            ACTION: Without hearing, item continued to April 28, 2005.

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

            ABSENT: Alexander

        22. 2005.0198X (A. LIGHT: (415) 558-6254)

            301 MISSION STREET - south side between Fremont and Beale Street, Lots 1 and 17 in Assessor's Block 3719 - Request under Planning Code Section 309 (Downtown Code) for Determinations of Compliance and an exception to rear yard requirements (Section 134(d)). The subject property is located within the C-3-O Zoning District as well as the 550-S and 400-S Height and Bulk Districts. The proposed project is to change the mix of uses and make minor changes to a portion of the building envelope on a previously approved mixed-use project, which was approved for 130,000 square feet of office space in a nine-story mid-rise building; 320 residential units and 120 extended stay hotel suites in a 58-story tower; 9,400 square feet of ground floor retail and 18,710 square feet of public and private open space contained within a base podium element; and four levels of below-grade parking. The previously approved project was so conditioned that if in the judgment and at the discretion of the property owner, the hotel market did not sufficiently justify the operation of the proposed hotel facility, the 120 extended stay hotel units would be authorized for conversion to an equal number of residential units. Therefore, the previously approved project was approved for a total of 440 dwelling units under specific conditions, all contained within the 58-story tower. The modified project would eliminate the office and hotel uses, and would contain a total of 420 dwelling units, placing 54 of these units in the former 130,000 square-foot office building envelope, and 366 larger dwelling units would occupy the entire tower building envelope. The ground level retail space would be reduced to 7,900 square feet, and there would be approximately 6,700 square feet of public open space, although with the removal of the office and hotel uses, no public open space is actually required by the Planning Code. The proposed residential and retail uses would be contained in substantially the same building envelopes as were approved for the previous mixed-use project, with minor changes to the mid-rise building facade and a rear yard exception required for the dwellings within it.

        Preliminary Recommendation: Approval with Conditions

        (Continued from Regular Meeting of March 24, 2005)

            SPEAKER(S): None

            ACTION: Without hearing, item continued to April 21, 2005.

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

            ABSENT: Alexander

      F. PUBLIC COMMENT

        At this time, members of the public may address the Commission on items of interest to the public that are within the subject matter jurisdiction of the Commission except agenda items. With respect to agenda items, your opportunity to address the Commission will be afforded when the item is reached in the meeting with one exception. When the agenda item has already been reviewed in a public hearing at which members of the public were allowed to testify and the Commission has closed the public hearing, your opportunity to address the Commission must be exercised during the Public Comment portion of the Calendar. Each member of the public may address the Commission for up to three minutes.

        The Brown Act forbids a commission from taking action or discussing any item not appearing on the posted agenda, including those items raised at public comment. In response to public comment, the commission is limited to:

        (1) responding to statements made or questions posed by members of the public; or

        (2) requesting staff to report back on a matter at a subsequent meeting; or

        (3) directing staff to place the item on a future agenda. (Government Code Section 54954.2(a))

None

Adjournment: 7:53 p.m.

            THESE MINUTES ARE PROPOSED FOR ADOPTION AT THE REGULAR MEETING OF THE PLANNING COMMISSION ON THURSDAY, APRIL 28, 2005.

SPEAKER(S): None

            ACTION: Approved

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

            ABSENT: Bradford Bell

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