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March 13, 2008

March 13, 2008

SAN FRANCISCO

PLANNING COMMISSION

Meeting Minutes

Commission Chambers - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, March 13, 2008

1:30 PM

Regular Meeting

COMMISSIONERS PRESENT: Olague, Antonini, S. Lee, W. Lee, Moore and Sugaya

COMMISSIONER ABSENT: None

THE MEETING WAS CALLED TO ORDER BY PRESIDENT OLAGUE AT 1:35 P.M.

STAFF IN ATTENDANCE: John Rahaim – Director of Planning, Larry Badiner – Zoning Administrator, Amit Ghosh – Chief Planner, AnMarie Rodgers, Scott Sanchez, Diego Sanchez, Jim Miller, Aaron Hollister, Tara Sullivan-Lenane, Cecilia Jarowslasky, Thomas Wang, and Jonas Ionin – Acting 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. 2007.0789C (A. PUTRA: (415) 575-9079)

4002 Irving Street - north side between 41st and 42nd Avenues; Lot 015 in Assessor's Block 1709 - Request for Conditional Use Authorization pursuant to Planning Code Section 710.83 proposing to install a wireless telecommunications facility (for Sprint-PCS) in the form of three antennas mounted to an existing rooftop stair penthouse, hidden inside one faux vent pipe, and with radio equipment located on the roof. The subject property is located within the NC-1 (Neighborhood Commercial Cluster) Zoning District and a 40-X Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

(Proposed for Continuance to March 20, 2008)

SPEAKER(S): None

ACTION: Continued as proposed

AYES: Olague, Antonini, S. Lee, W. Lee, Moore and Sugaya

2. 2008.0014G (A. HEITTER; (415) 558-6602)

690 MARKET STREET - the Chronicle Building is located at the northeast intersection of Market, Geary and Kearny Streets, Lot 6 in Assessor's Block 311 - Consideration of adoption of a resolution recommending approval on a proposal to designate the subject property as Category II (Significant) per Article 11 of the Planning Code. The subject property consists of two sections: a nine-story plus mezzanine office tower originally designed by Burnham & Root in 1887 and constructed in 1889-90, enlarged in 1905 by D.H. Burnham & co. and reconstructed in 1908 Willis Polk. An eight story addition was constructed in 2007. The property is within a C-3-O (Downtown Office) District and a 285-S Height and Bulk District. The property is currently undesignated and is not within a Conservation District.

Preliminary Recommendation: Approval

(Continued from Regular Meeting of February 21, 2008)

(Proposed for Continuance to March 27, 2008)

SPEAKER(S): None

ACTION: Continued as proposed

AYES: Olague, Antonini, S. Lee, W. Lee, Moore and Sugaya

3a. 2007.1163C (D. DIBARTOLO: (415) 558-6291)

140 Ellis Street - between Cyril Magnin and Powell Street, Lot 023 in Assessor's Block 326 - Request for Conditional Use Authorization to convert 65 of the existing 77 residential hotel rooms into tourist hotel rooms within the six-story mixed use structure. This change of use would increase the number of tourist rooms from the existing 66 rooms to a total of 131 tourist hotel rooms with 12 residential hotel rooms still remaining within the building. The project does not propose any modifications to the building exterior or interior and consists of the change of use only. As required under the San Francisco Administrative Code, the 65 residential hotel rooms at the project site (to be converted to tourist hotel rooms) will be replaced at 317 Leavenworth Street. (A companion variance case for 317 Leavenworth (Case No. 2007.1164V) will be considered by the Zoning Administrator concurrently with this case.) The project site is located in a C-3-G (Downtown General Commercial) Zoning District and an 80-130-F Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

(Continued from Regular Meeting of February 7, 2008)

(Proposed for Continuance to April 24, 2008)

SPEAKER(S): None

ACTION: Continued as proposed

AYES: Olague, Antonini, S. Lee, W. Lee, Moore and Sugaya

3b. 2007.1164V (D. DIBARTOLO: (415) 558-6291)

317 Leavenworth Street - northwest corner with Eddy Street; Lot 005 in Assessor's Block 0334 - Request for Residential Open Space and Off-Street Parking Variances. The proposal is to convert the existing 65 tourist hotel room into 65 residential hotel rooms in conjunction with a reverse conversion at 140 Ellis Street. The existing building occupies the lot almost entirely, and none of the proposed residential hotel rooms would be provided with any private or common open space, nor would any off-street parking spaces be provided. The project site is located in an RC-4 (Residential-Commercial, Combined, High Density) Zoning District and an 80-T Height and Bulk District.

(Continued from Regular Meeting of February 7, 2008)

(Proposed for Continuance to April 24, 2008)

SPEAKER(S): None

ACTION: Continued as proposed

AYES: Olague, Antonini, S. Lee, W. Lee, Moore and Sugaya

4. 2007.1427D (S. PERDUE: (415) 558-6625)

158-160 FUNSTON AVENUE - east side between California and Lake Streets; Lot 031 in Assessor's Block 1372 - Request for Discretionary Review of Building Permit Application No. 2007.0618.4221, proposing to add a partial fourth story above a three-story, two-unit building within an RH-2 (Residential, House, Two-Family) District and a 40-X Height/Bulk District.

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

(Continued from Regular Meeting of February 21 2008)

DISCRETIONARY REVIEW APPLICATION WITHDRAWN

B. COMMISSIONERS' QUESTIONS AND MATTERS

Adoption of Commission Minutes– Charter Section 4.104 requires all commissioners to vote yes or no on all matters unless that commissioner is excused by a vote of the Commission. Commissioners may not be automatically excluded from a vote on the minutes because they did not attend the meeting.

5. Consideration of Adoption:

· Draft Minutes of Regular Meeting of January 17, 2008.

· Draft Minutes of Regular Meeting of January 24, 2008.

· Draft Minutes of Regular Meeting of January 31, 2008.

· Draft Minutes of Regular Meeting of February 21, 2008.

SPEAKER(S): None

ACTION: Approved

AYES: Olague, Antonini, S. Lee, W. Lee, Moore and Sugaya

6. Commission Comments/Questions

· Inquiries/Announcements. Without discussion, at this time Commissioners may make announcements or inquiries of staff regarding various matters of interest to the Commissioner(s).

· Future Meetings/Agendas. At this time, the Commission may discuss and take action to set the date of a Special Meeting and/or determine those items that could be placed on the agenda of the next meeting and other future meetings of the Planning Commission.

Commissioner Moore

- Thanked the Mayor's Office of Economic Development, Michael Cohen and Heather King, for giving the Commissioners the ability to attend the entire Equal City 2008Conference.

- I got an e-mail this morning letting me know that passes for all of us will be available so we can attend based on what interests us on the program.

- I will send to all of you an e-mail so you can look at the program online. It is an incredible roster of people who are speaking and we have the flexibility to go at anytime.

Commissioner Antonini

- Three items, all for the newspapers. The first is something from today's Chronicle.

- The Planning point is the entire situation with homeless and some of the problems that has to do with more than just sticks and bricks.

- Second thing - yesterday's Chronicle mentioned three public housing complexes to be rebuilt with more units: West Side Courts, Potrero Terrace and Sunnydale. My question in regards to this issue is what is our role?

- It appears that contractors have already been led to certain agencies. Since this involves some regular housing in addition to public housing it would seem that the Planning Commission should be involved in this fairly early on and possibly in the decision making process.

- Third item – In Sunday's Chronicle there was an article by James Temple talking about a survey that was done in the area of South of Market.

- I am in the process in trying to get that data. Basically there is a company that provides information on who is buying condominiums and rental units.

- It was really interesting because it answers some of the questions that are constantly before us; or at least presents a perspective on these particular, apparently 16, condominium developments.

- The article says that 55% of buyers are from San Francisco and another 40% from the Bay Area, and only about 5% come from outside the Bay Area. About 40% of the buyers had graduate degrees and only about 20% were investors.

- This is interesting information and it would be good to have as much data as we can get. I am going to follow up on this.

Commissioner Moore

- As to public housing projects, we just had an EIR in our packets for the Hunter's Point Court.

- I hope that we would have a similar ability on that project because these projects are very promising and have a lot of potential.

Commissioner W. Lee

- On the June ballot, propositions 98 and 99 would affect eminent domain and would eliminate rent control through out all California. I was wondering if the City Attorney's Office can provide documentation and impacts of those propositions toward approved projects that voluntarily agree continuing rent controls.

- Does it affect the percentage that we say the project has to have to make it affordable? Does it affect any of the affordable housing levels?

Commissioner Sugaya

- I do not know if Commissioner Antonini's mentioning of the Housing Authority projects was a request for some additional information from staff.

- If it is, can you also find out what the historic status of West Side Court is? In 2002, there was a series undertaken from the Housing Authority and West Side, Genuine, and Holly Courts were identified as potentially having historical significance.

Commissioner Olague

- I also looked at the article of what Commissioner Antonini was referring to and I focused on a different paragraph -- that apparently the housing built in the area has gone mostly to upper income individuals.

- It starts out with another test of a new neighborhood, whether it reflects the City's make up. And so far many believe that is where SoMa is coming up short. And it goes on to talk about other aspects of the short comings.

- 20% of the developments were found to have not meaningfully increased San Francisco's chronically limited housing stock.

- At some point it would be good to have another discussion. A couple of years ago the Mayor's Office of Housing came and we talked about affordability. We should have a broader discussion about affordable housing issues.

Commissioner W. Lee

- There is a new book out by Richard Florida who wrote the influential book The Rise of the Creator Class and it talks about the Bay Area. He followed it with another book that was reviewed on March 9th by the Chronicle Book Section called Who is Your City.

- It talks about San Francisco and the Bay Area and sort of our future. And because of the star scientists that we bring in, it is actually pushing up our creative class, which rises up the economy, but yet affects our housing issues.

Commissioner Sugaya

- Also in the papers there was an article with respect to Western SoMa and the relationship to potential changes in the Muni system.

- I hope that Planning staff working with Western SoMa will get together with MTA or whoever is involved and see what is going on.

- I did not read the article in much detail, but seems they are discussing some potential problems between the continued prohibition on transit to the area and what the plan calls for.

Commissioner Moore

- Following up on that: all Commissioners got a detailed memorandum of the meeting minutes of the Western SoMa Neighborhood meeting that specifically spelled out that the 7 Folsom would be eliminated including the 47 Mission, which is basically the main bus line providing public transportation for that area.

- That starts a contrast to the department's idea of making Folsom Boulevard the new East-West connector and the main traveling ramp.

C. DIRECTOR'S REPORT

7. Director's Announcements

John Rahaim, Director

- We are trying an experiment on your agenda, based on a discussions with President Olague, Linda Avery and myself, about putting some times on your agendas.

- The intent to that is to provide the public a chance to be here and not have to wait for a while before the item comes up.

- Secondly, on the Housing Authority projects that was raised earlier: The project the article was referring to is the RFP that went to developers for all the HOPE – SF projects. These projects are part of that program and we've been asked to work with the Office of Housing to provide a brief on the entire program.

- You will be seeing those as part of your normal course of business.

- I will be attending with Matt Franklin, Director of Mayor's Office of Housing, a series of discussions in New York City next week with Housing Authority and Directors of Planning from several major cities about this topic.

- There are five large cities that are getting together and have gotten together in the past. I will be happy to report on that the following week.

- We should probably brief you on the MTA – Transit Effectiveness Program. The planner from MTA has a very good concise and clear presentation of that program and we will arrange to have that happen. The question on the Western SoMa can certainly come up in that discussion as well.

- Related to Richard Florida's book, at some point it would be probably be good to have a discussion about bringing him here. He is an excellent speaker and understands the relationship between economic development and city planning.

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

AnMarie Rodgers

Land Use Committee

A- Enforcement Penalties It would greatly improve the Department's Enforcement capacity through two new administrative fee processes: one for complex and one for more minor case. This Commission recommended an increase from $200 to $250 per day. The Committee made that amendment and also struck the ability of the Board of Appeals to reduce the fee for major violations to a flat amount of $1,000 meaning that while the Board of Appeals could reduce the fee it could be done at a minimum of $100 per day. Continued for next week.

Full Board

A- Administrative Code for Large Tourist Hotel Condominium Conversion Ordinance Over the long term this proposed ordinance would regulate the rate of condominium conversions for these hotel rooms at the rate equal to the production of new hotel rooms. In the short term, in the first two years, it would allow for the conversion of 550 hotel rooms into condominium rooms. Passed.

B- Permanent Legislation to Address Interim Moratorium for Education Institutions. This Commission approved this item with three actions to (1) clarify the definition of  Arts Activities' and requiring an IMP [Institutional Master Plan] in NC and Mixed Use Districts; (2) requiring a Conditional Use for educational institutions in the Western SoMa; and (3) a resolution repealing the Interim Moratorium with the adoption of the permanent controls. Passed.

Scott Sanchez

Board of Appeals

A- 2980 21st Street – Notice of Violation – This is an MCD that cannot legalize in that location because it is in a RH-3 residential district. The deadline was March 1, 2008, and there is pending legislation to extend the deadline further to January, 2009. Continued requesting advice from City Attorney's Office.

Next week, the Board of Appeals will have an election to replace their Vice-President.

9. (Tape IA) (S. SANCHEZ (415) 558-6326)

ACADEMYOF ART UNIVERSITY ENFORCEMENT AND INSTITUTIONAL MASTER PLAN UPDATE(IMP) - Informational presentation on the status of pending enforcement cases and preparation of IMP by the Academy of Art University. Item to be presented as new information is available.

SPEAKER(S)

John Bardis

- It is appropriate to have the Master Plan first and be guided on how such uses of these properties and the housing stock of the City might be affected by that plan.

ACTION: No Action is required of the Commission. Informational presentation

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.

SPEAKER(S)

Hiroshi Fukuda Re: Market – Octavia Plan

- It is good that the item has been continued and I'm hoping that proper public notification will be done. Substantial changes are not in the public file and I've requested to review it carefully.

Marilyn Amini Re: Market –Octavia Plan

- Supervisor Mirkarimi is asking for findings of consistency with the priority policies and the General Plan, and that CEQA findings are reaffirmed.

- There needs to be substantial notice about the CEQA issues and you would not be able to act on that until the public has access to it.

Jeremy Paul

- In Portland there was a celebration for a small wind power generator in an urban residential neighborhood. We have the first generator in the Mission District at 25th and Alabama Street.

- The Discovery Channel was filming a documentary on this house and the overwhelming response of the community has been very positive of this installation.

- The Department should start a process to normalize use of wind power in our neighborhoods.

E. CONSENT CALENDAR

All matters listed hereunder constitute a Consent Calendar, are considered to be routine by the Planning Commission, and will be acted upon by a single roll call vote of the Commission. There will be no separate discussion of these items unless a member of the Commission, the public, or staff so requests, in which event the matter shall be removed from the Consent Calendar and considered as a separate item at this or a future hearing.

10. 2008.0045C (Tape IA) (E. WATTY: (415) 558- 6620)

1298 Church Street - at the northwest corner of 25th Street; Lot 008 in Assessor's Block 6536 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 710.42, 728.42, and 790.92, to allow a full-service restaurant within an NC-1 (Neighborhood Commercial, Cluster) District and 40-X Height and Bulk District that is within ¼ mile of the 24TH Street - Noe Valley Neighborhood Commercial District.

Preliminary Recommendation: Approval with Conditions

SPEAKER(S) None

ACTION: Approved

AYES: Olague, Antonini, S. Lee, W. Lee, Moore and Sugaya

MOTION: 17564

F. REGULAR CALENDAR

11. 2003.0347UU (K. DISCHINGER: (415) 558-6284)

Amendments to the Market and Octavia Plan Area, Update of Board Proceedings And Request for Comment [Board Files No 071156, 071157, 080255 and 071159] On October 24, 2007 the Board of Supervisors adopted the Market and Octavia Area Plan and corresponding General Plan Amendments. The Land Use Committee has held subsequent hearings on the Planning Code Amendments to implement the Van Ness and Market Downtown Residential Special Use District [Board File 071156]; Planning Code Amendments to implement the Market and Octavia Area Plan [Board Files No 071157 and 080255]; and Zoning Map Amendment in connection with the Market and Octavia Area Plan [Board File No 071159]. The Board's Land Use Committee will hold its next hearing on or after March 24, 2008. At that time the Committee will consider additional amendments to these files. The proposed Ordinances, as currently amended, are before the Commission so that it may comment on the amendments and recommend adoption, rejection, or adoption with modifications to the Board of Supervisors.

Preliminary Recommendation: Approval

SPEAKER(S): None

ACTION: Without hearing, continued to March 27, 2008

AYES: Olague, Antonini, S. Lee, W. Lee, Moore and Sugaya

12. 2007.1456C (Tapes IA; IB; IIA) (D. SANCHEZ: (415) 575-9082)

1575 South Van Ness Avenue - northeast corner of Cesar Chavez and South Van Ness, Lot 027 in Assessor's Block 6571 - Request for Conditional Use Authorization under Planning Code Sections 703.3, 703.4 and 303 to allow a formula retail use paint store (dba ICI Paints) within an NC-3 (Moderate-Scale Neighborhood Commercial) Zoning District and a 50-X Height and Bulk designation.

Preliminary Recommendation: Approval with Conditions

SPEAKER(S)

John Eggleston, Project Sponsor

- The current store is closed but was in operation for over 65 years.

- The proposal is for a retail and commercial paint store with no changes to the physical building exterior except for color and signage changes.

- It has a six-car parking lot and three 2-hour street parking spaces with enclosed loading on the rear of the building.

- Operation of store hours is to be 7a.m. – 5p.m. Monday thru Friday, and 7a.m. to 12 p.m. on Saturdays.

- Most of the products that we provide are delivered to the job site by an ICI vehicle.

- Our store is operated by a dedicated and highly skilled staff of union employees with excellent benefits.

- We did an extensive outreach to the neighborhood, hosted an open house and discussed a number of concerns that included a day labor center, uploading, and traffic.

Renee Suacedo, San Francisco Day Labor Program

- While not opposing this application, we have concerns because ICI has expressed having issues with the presence of day labors in front of the store.

- Our second concern is that we would prefer that this property be used to accommodate the growing needs of the Day Labor community in our city whose current site is too small.

- We were told that if this application were to be denied, we would be allowed to sublease.

- If it is going to be approved, we encourage you to minimally set certain conditions to make sure that the civil rights of the day labor community in that corridor are protected.

(+)John Becker

- ICI operates a union facility with fair agreement at all times with no strikes. They pay decent wages, benefits and pensions.

(-)Leora Vestel

- I'm concerned with traffic because their site on 7th Street has cars that are triple parked. Also, there are 17 paint stores within two miles of the proposed project.

(-)Liz Linale, Cole Hardware

- This store is going to impact us because we are a small business dedicated to San Francisco. Also, it would impact traffic and there are already a lot of paint stores.

(+)Mario Benfield

- The City purchases a lot of Sinclair paint and ICI still carries that brand. It is a really good paint.

Ken Allen, Owner Representative

- This block is mostly commercial and it has parking and good loading facilities that are not blocking the traffic on Cesar Chavez.

(+)Paul Johnson

- ICI is meeting a need that it knows is already there. People are just trying to avoid competition and that is understandable.

(+)David Tudor

- ICI provides the best technical services available for supply and equipment.

- The traffic study, that was not required on this case, shows that there would not be significant impact.

(-)Amy Sullivan

- Showed photographs of current traffic. Bringing in this store is going to make it worse.

(-)Judy Berkowitz

- People in the area are trying to make it pedestrian friendly and green. This would put the progress back.

Erick Quezada

- This type of project is needed in our area, but not for the one who is going to be pushed out by formula retail.

- We should look at this site more into the future because there could be much more to gain on this site to have affordable housing with commercial on the ground floor.

Nick Pagalatos

- We need to look at this site in the context of what is happening in the neighborhood and all the current process that is on the way with the issues of the legislation on formula retail.

- We want to support union labor coming in but many small businesses might be impacted by this project.

(-)Dario Romero

- We do not want this kind of big business in our area and we need to continue the conversation on how we are going to plan the neighborhood and set our priorities.

(-)Joseph

- There is a lot that needs to be considered on this site. We can do a lot better than just replace formula retail with formula retail. We deserve long term solutions.

On the motion to approve

AYES: Antonini, S. Lee and W. Lee

NAYES: Olague, Moore and Sugaya

Motion failed

On the motion for a continuance of one month

AYES: Antonini, S. Lee and W. Lee

NAYES: Olague, Moore and Sugaya

Motion failed

On the motion to intent to disapprove with final action on March 27, 2008

AYES: Olague, Antonini and S. Lee

NAYES: W. Lee, Moore and Sugaya

Motion failed

RESULT: The Commission has failed to take action. The request for Conditional Use authorization is therefore disapproved. Staff will prepare a memorandum with findings.

13. 2007.1382C (Tape IIA) (J. MILLER: (415) 558-6344)

560 GEARY STREET (and 620 Jones Street) - north side between Jones and Shannon Streets, Lots 011 and 036 in Assessor's Block 0305 - Request for Conditional Use Authorization pursuant to Section 249.5(c)(2) of the Planning Code for a commercial use on a second story (restaurant/entertainment establishment dba "Om") in an RC-4 (Residential-Commercial Combined, High Density) District and in the North of Market Residential Special Use District, Sub-Area 1, and within an 80-130-T Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

(Continued from Regular Meeting of February 28, 2008)

SPEAKER(S)

Christopher Smith

- The company is growing and we are well known and produce a lot of events in the City. We have been looking for over three years for the proper location.

- We would provide a relaxing environment, respect for our clientele, highest quality food and beverage, and the highest service and respect for our neighbors.

- We have extensive experience in restaurant – bar operation security management.

- This would be an ideal addition to the neighborhood, inviting a cultural experience in downtown San Francisco.

Tim Murphy, Architect

- I worked for the owner of the building for over ten years and I am here to help answer any questions about the property or the project.

(-)Robert Garcia

- We have a problem with entertainment in that area and we were told that this was going to be late night entertainment in the neighborhood.

- We have a lot of bars there and it is not wise to have any more. There are too many problems already.

(-)Patricia Glasky

- This project is situated in the most density residential area in the City. It would create more parking and traffic congestion and noise. It is not desirable and neither is it required.

(+)Erin Finnegan

- Spoke in support of the project because it is a great addition to the area and it would be a positive use for a space that is currently vacant.

(+)Kian Alavi

- The group that oversees that building is very concerned about the neighborhood and very responsible. The Om group will bring a great restaurant and space for the neighborhood.

(+)David Severson

- This would be a great addition to the neighborhood bringing heart-class people to the area.

ACTION: Approved with conditions as amended:

-Outdoor area closing time at 12a.m.

-No general amplified music to the outdoor area although Cabana may have sound system.

-No outdoor entertainment except for twice a month prior to 7p.m.

-Lighting should not create glare outside the property line.

-Entertainment Commission should review and consider noise impacts.

AYES: Olague, Antonini, S. Lee, W. Lee, Moore and Sugaya

MOTION: 17565

14a. 2006.0799CEKVZ (Tape IIA; IIB) (J. MILLER: (415) 558-6344)

261 OCTAVIA STREET - southeast corner at Oak Street, Lot 029 in Assessor's Block 0839 - Request for Reclassification of Property from a "P" (Public Use) District to an RH-3 (House, Three-Family) District to allow the construction of a residential care facility for approximately 16 developmentally disabled citizens, with an accessory art studio/vocational/gallery space that will serve the residents. (See full project description in Item "b" below.)

Preliminary Recommendation: Approval with Conditions

SPEAKER(S)

William Pecon

- The project is a HUD Section 811 project which also has support from the San Francisco Redevelopment Agency.

- Staff did a great description of the project and the resident population of people with developmental disabilities that we would serve.

- We are working with the Golden Gate Regional Center and service providers to have on site supportive services and resident manager.

- We have subsidy for the services and the rents.

- We have John Stewart Company as the property manager, first floor day program for people with disabilities, and it would also function as an art studio/public gallery.

- We have met with the neighborhood and have the full support of the Hayes Valley Neighborhood Association.

Bill O'Brian, Redevelopment Agency

- We are especially pleased with this project because we get very few 811's in this city or anywhere. It serves a population that typically is not served.

Veronica Hinkley

- During the Market – Octavia Plan process, we got involved with neighborhood associations and got a sense of what Hayes Valley was interested to get into their neighborhood.

(+)Paul Olsen, Hayes Valley Neighborhood Association

- We worked very closely with the project sponsors and we are very pleased with the refinement of the project.

(+)Kristy Feck, Tool Works

- We would be providing services on site and are very pleased with the process.

- I urge your support of the project because there is only one other project in the City that specifically targets people with development disabilities who can and want to live independently.

Robin Levitt

- We are very supportive of this project because it really compliments the neighborhood.

- Two caveats: ensure the safety on this dangerous intersection with such a vulnerable population; and make sure that architectural quality is maintained.

Lauren Jones

- Although I support the project, I'm concerned about the height and safety controls especially during construction.

ACTION: Approved

AYES: Olague, Antonini, S. Lee, W. Lee, Moore and Sugaya

MOTION: 17566

14b. 2006.0799CEKVZ (J. MILLER: (415) 558-6344)

261 OCTAVIA STREET- southeast corner at Oak Street, Lot 029 in Assessor's Block 0839 - Request for Conditional Use Authorization pursuant to Sections 253 and 209.3(c) of the Planning Code for construction of a building exceeding 40 feet in height in an "R" District and for a residential care facility. The project includes construction of a five-story, 50-foot-high residential care facility for developmentally-disabled residents, consisting of approximately 14 living units and an accessory art studio/vocational/gallery space that will serve the residents. The subject property is within a "P" (Public Use) District proposed for reclassification to an RH-3 (House, Three-Family) District in order to permit the proposed use, and is within an 80-B Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

SPEAKER(S): Same as those listed on item 14a.

ACTION: Approved

AYES: Olague, Antonini, S. Lee, W. Lee, Moore and Sugaya

MOTION: 17567

14c. 2006.0799CEKVZ (J. MILLER: (415) 558-6344)

261 OCTAVIA STREET- southwest corner at Oak Street, Lot 029 in Assessor's Block 0839 in a "P" (Public Use) District, proposed for reclassification to an RH-3 (House, Three-Family) District, and within an 80-B Height and Bulk District - Request for Variances to the Rear Yard and Off-Street Parking requirements in conjunction with the construction of a new residential care facility for approximately 16 developmentally-disabled citizens that will also contain an accessory art studio/vocational/gallery space to serve the residents of this project. These variances are required because the project would provide no off-street parking spaces, where three parking spaces are required by Code, and because part of the proposed L-shaped building would project into a portion of the Code-required rear yard area.

SPEAKER(S): Same as those listed on item 14a.

ACTION: Zoning Administrator closed public hearing and granted the variance with the standard conditions of approval.

15. 2007.0718C (Tape IIB) (A. Hollister: (415) 575-9078)

507 Columbus Avenue - west side between Union and Green Streets, Lot 005 in Assessor's Block 0117 - Request for Conditional Use Authorization to establish a retail wine store and a bar (dba  Vino Divino ) of approximately 807 square feet within the vacant, existing ground-floor commercial space. No physical expansion of the existing building is proposed. The bar portion of the proposal is intended to be a  wine bar which will sell beer and wine for consumption on-site with the retail wine store portion of the business selling beer and wine for consumption off-site. This site is within the North Beach Neighborhood Commercial District, and a 40-X Height and Bulk District.

Preliminary Recommendation: Disapproval

(Continued from Regular Meeting of February 14, 2008)

NOTE: On February 14, 2008, following public testimony the Commission closed the public hearing and deliberated the matter, Following deliberation they continued the item to March 13, 2007, for the Project Sponsor to obtain new plans by a vote +5 -0. Commissioners Alexander and W. Lee were absent. Public hearing remains open.

SPEAKER(S)

Jalal Heydari, Project Sponsor

- I have no intention of operating a bar. This is for wine testing only.

- I hired a new architect and have new drawings because you were right that the old drawings looked more like a bar.

(-)Joan wood

- We have too many bars and restaurants in the neighborhood; we need more retail in the North Beach.

(-)Nan Roth, Telegraph Hill Dwellers

- The over concentration of eating/drinking establishments is detrimental to the vitality and livability of North Beach. I urge you to follow staff's recommendation for disapproval.

(+)Marsha Garland, North Beach Chamber of Commerce

- Submitted a petition with 227 names.

- We need to look at every business separately; we desperately need infill retail like this one.

On the motion to approve

AYES: Antonini and W. Lee

NAYES: Olague, S. Lee, Moore and Sugaya

Motion failed

ACTION: Disapproved

AYES: Olague, S. Lee, Moore and Sugaya

NAYES: Antonini and W. Lee

MOTION: 17568

16. 2007.1281C (Tapes IIB; IIIA) (A. HOLLISTER: (415) 575-9078)

1237 Polk Street - west side between Bush and Sutter Streets, Lot 003 in Assessor's Block 0670 - Request for Conditional Use Authorization to establish a bar (Type 48 Liquor License) and a restaurant that will exceed 2000 square feet (dba. McTeague's). The tenant space at 1237 Polk Street is approximately 2750 square feet. The business will primarily be a bar that will also serve limited food items including sandwiches and soups. No physical expansion of the existing building is proposed. This site is within the Polk Street Neighborhood Commercial District, and a 65-A Height and Bulk District.

Preliminary Recommendation: Approval with Conditions.

(Continued from Regular Meeting of February 28, 2008)

SPEAKER(S)

Fiachra Oshaughnessy, Project Sponsor

- The idea is to have a local friendly neighborhood salon.

- There is no need to change the exterior because it looks great the way it is.

- We have plans to have television and a pool table. There would be no live music or DJ.

- We plan to serve a limited but sustainable menu with mostly soups, sandwiches, and a selection of different  dogs on a roll.

- This was previously a bar/restaurant and we are applying for the conditional use because it has been vacant for six years.

(+)Myles O'Reilly

- I'm looking forward for the business to open because it would enhance the area especially because the site has been vacant for a long time attracting criminal activities.

(-)Robert Garcia

- Although there would not be live entertainment, there is a saturation of bars/restaurants in this area.

(+)Jerry Verdi

- It is a risk to have a vacant building and they are getting a better development.

ACTION: Approved

AYES: Olague, Antonini, S. Lee, W. Lee, Moore and Sugaya

MOTION: 17569

17. 2007.1113ET (Tape IIIA) (C. NIKITAS: (415) 558-6306)

Amendments to Planning Code Section 303/Protection of Solar EnergySystems - Ordinance introduced by Supervisor Mirkarimi as part of Board File No. 07-1338, that would add Section 303(n) to the Planning Code, to require Conditional Use authorization for any structure that would shade a previously registered Solar Energy System, and requiring the Planning Department to review and manage system registrations.

Preliminary Recommendation: pending

(Continued from Regular Meeting of March 6, 2008)

SPEAKER(S): None

ACTION: Without hearing, continued to March 20, 2008

AYES: Olague, Antonini, S. Lee, W. Lee, Moore and Sugaya

18. 2007.1461T (Tape IIIA) (T. SULLIVAN-LENANE: (415) 558-6257)

AMENDMENTS RELATING TO PLANNING CODE SECTIONS 719.1 AND 781.9 OF THE HAIGHT STREET NEIGHBORHOOD COMMERCIAL DISTRICT [BOARD FILE No. 07.1669] - Ordinance introduced by Supervisor Mirkarimi amending Planning Code Sections 719.1 and 781.9 concerning the Haight Street Neighborhood Commercial District to provide for four new full-service restaurant uses that satisfy specific requirements and obtain conditional use authorization, making environmental findings and findings of consistency with the General Plan and priority policies of Planning Code Section 101.1.

Preliminary Recommendation: Approval.

SPEAKER(S): None

ACTION: Approved

AYES: Olague, Antonini, S. Lee, W. Lee, Moore and Sugaya

MOTION: 17570

6:00 p.m.

19a. 2007.0172D (Tape IIIA) (C. JAROSLAWSKY (415) 558-6348)

626 PARIS STREET - between France and Italy Avenues; Lot 007 in Assessor's Block 6345 - Mandatory Discretionary Review under the Planning Commission's policy requiring review of residential demolition, Permit Application No. 2006.11.08.7236, to demolish an existing single-family, one-story structure, in an RH-1 (Residential, House, One-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 February 28, 2008)

SPEAKER(S)

(-)Luis Perez

- Mother lives at 622 Paris Street and she is concerned about the impacts to air, sunlight, and that the project is not offering enough parking for a four family home.

Frank Walley, Project Sponsor

- We did our notification and met with neighbors and we were not aware of concerns from the adjacent neighbor until recently. I tried talking to them but with no success.

William Pashalinsky, Architect

- We have been in the process for two years. We sent out notifications and met with neighbors.

- On the last meeting, Mr. Perez expressed concerns and we put in a lightwell. We did not hear anything further and assumed it was sufficient.

ACTION: Did not take discretionary review and approve the demolition.

AYES: Olague, Antonini, S. Lee, W. Lee, Moore and Sugaya

19b. 2007.0177D (C. JAROSLAWSKY (415) 558-6348)

626 PARIS STREET - between France and Italy Avenues; Lot 007 in Assessor's Block 6345 - Mandatory Discretionary Review under the Planning Commission's policy requiring review of Permit Application No. 2006.11.08.7240, for a replacement structure pursuant to a residential demolition, to construct a new, single-family, one-story-over-garage structure, in an RH-1 (Residential, House, One-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 February 28, 2008)

SPEAKER(S): Same as those listed on item 19a.

ACTION: Took discretionary review and approved adding a condition to require a NSR and enlarge the lightwell by extending it into the closet space.

AYES: Olague, Antonini, S. Lee, W. Lee, Moore and Sugaya

Item 20 was taken out of order and followed item 18

20. 2007.1039D (Tape IIIA) (T. WANG: (415) 558-6335)

3326 SANTIAGO STREET- north side between 44th and 45th Avenues; Lot 022 in Assessor's Block 2305 - Request for Discretionary Review of Building Permit Application No. 2007.07.06.6134, proposing for the construction of a second story vertical addition to an existing one-story, single-family dwelling and the replacement of the existing garage with a new garage near the front of the lot. The subject property is in an RH-1 (Residential, House, One-Family) District and a 40-X Height and Bulk District.

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

SPEAKER(S)

Richard Mac, Discretionary Review Requestor

- The concern is that the garage would be to close to our building and would impact our privacy and safety.

- Our building is not up to the property line. There is a 4 to 6 inch gap where the building sits on the foundation.

- The garage would potentially bring moisture between the houses by being so close to the ocean and could cause an environmental hazard such as mold.

- Our suggestion is to keep the original footprint of the house and they can build a second story or to be built at a greater distance from our building.

- Another concern is that during construction, our foundation could be compromised.

Kelly Waters, Architect

- The proposed addition is modest and in the process of designing it, we were very sensitive to the surrounding neighbor's needs.

- We restricted the addition to only one story to fall below the property line window.

- On May 3rd, we had a neighborhood meeting to discuss the intent of the proposed project and based of what we learned we revised the design.

- Several neighbors signed [petition] in support of the project.

- Regarding possible water damages - the roof would be sloping away from the requestor's residence. In addition, there would be water-proofing between the two units.

- The requestor is concerned with possible façade deterioration when the garage goes up. We have requested access to the requestor' property to address any necessary upgrades or repairs to the property line. Our offer still stands.

ACTION: Did not take discretionary review and approved suggesting that the project sponsor not use glass railings.

AYES: Olague, Antonini, S. Lee, W. Lee, Moore and Sugaya

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))

SPEAKER(S)

None

Adjournment: 7:30 P.M.

THESE MINUTES WERE PROPOSED FOR ADOPTION AT THE REGULAR MEETING OF THE PLANNING COMMISSION ON THURSDAY, April 17, 2008.

SPEAKER(S): None

ACTION: Approved

AYES: Olague, Antonini, S. Lee, W. Lee and Sugaya

ABSENT: Moore

NOTE: Per Section 67.18 of the Administrative Code for the City and County of San Francisco, Commission minutes contain a description of the item before the Commission for discussion/consideration; a list of the public speakers with names if given, and a summary of their comments including an indication of whether they are in favor of or against the matter; and any action the Commission takes. The minutes are not the official record of a Commission hearing. The audiotape is the official record. Copies of the audiotape may be obtained by calling the Commission office at (415) 558-6415. For those with access to a computer and/or the Internet, Commission hearings are available at www.sfgov.org. Under the heading Explore, the category Government, and the City Resources section, click on SFGTV, then Video on Demand. You may select the hearing date you want and the item of your choice for a replay of the hearing.

 
Last updated: 7/30/2012 4:26:23 PM