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September 11, 2008

September 11, 2008

SAN FRANCISCO

PLANNING COMMISSION

Meeting Minutes

Commission Chambers - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, September 11, 2008

1:30 PM

Regular Meeting

COMMISSIONERS PRESENT: Olague, Antonini, Borden, Lee, Moore and Sugaya

COMMISSIONER ABSENT: Miguel

THE MEETING WAS CALLED TO ORDER BY PRESIDENT OLAGUE AT 1:37 P.M.

STAFF IN ATTENDANCE: John Rahaim – Director of Planning, Larry Badiner – Zoning Administrator, Tim Frye, Tim Frye, AnMarie Rodgers, Bill Wycko, Tara Sullivan-Lenane, Sharon Lai, Diego Sanchez, Brittany Bendix, Amnon Ben-Pazi, Cecilia Jaroslawsky, Rick Crawford, 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. 2007.1426C (S. Young: (415) 558-6346)

1800 HAIGHT STREET - northwest corner of Haight and Shrader Streets; Lot 004 in Assessor's Block 1228 - Request for Conditional Use Authorization under Sections 719.56 and 303 of the Planning Code to legalize the establishment of a public parking facility (dba Haight Street Parking Lot) on an approximately 79.5 feet by 100 feet vacant portion of the subject lot, the remainder of which is occupied by a one-story medical and commercial building. The proposal will provide up to 20 parking spaces during the hours of operation of 7 a.m. to 2 a.m.; of which, 10 parking spaces will be designated for use if needed by the medical clinic (dba RAI Care Center) and retail store (dba Skates on Haight) on the subject lot between the hours of 7 a.m. to 9 p.m. Vehicular access to the parking lot currently is from Shrader Street. The subject property is within the Haight Street Neighborhood Commercial District, the Haight Street Alcohol Restricted Use Subdistrict, and a 40-X Height and Bulk District.

Preliminary Recommendation: Approval with conditions.

(Continued from Regular Meeting of July 24, 2008)

(Proposed for Continuance to September 18, 2008)

SPEAKER(S): None

ACTION: Continued as proposed

AYES: Olague, Antonini, Borden, Lee, Moore and Sugaya

ABSENT: Miguel

2a. 2007.0667VDDD (T. FRYE 415/575-6822)

1408 SHOTWELL STREET - west side of Shotwell between Mirabel and Montezuma Streets, Assessor's Block 5519; Lot 002 - Request of Discretionary Review, both for BPA # 2007.03.14.6222 to construct a vertical addition, including a new rear roof deck, on a single-family home within an RH-1 (Residential, Single-Family) District with a 40-X Height and Bulk District and within the Bernal Heights Special Use District.

Preliminary Recommendation: Pending

(Proposed for Continuance to September 18, 2008)

SPEAKER(S)

Alfred Martínez

- Opposed to any further continuance because it has been continued numerous time.

ACTION: Continued as proposed

AYES: Olague, Antonini, Borden, Lee, Moore and Sugaya

ABSENT: Miguel

2b. 2007.0667VDDD (T. FRYE 415/575-6822)

1408 SHOTWELL STREET - west side of Shotwell between Mirabel and Montezuma Streets, Assessor's Block 5519; Lot 002 - Request for Variance pursuant to Section 242 of the Planning Code from off-street parking, mass reduction, and rear yard requirements to construct a vertical addition, including a new rear roof deck on a single-family home within an RH-1 (Residential, Single-Family) District with a 40-X Height and Bulk District and within the Bernal Heights Special Use District.

(Proposed for Continuance to September 18, 2008)

SPEAKER(S): Same as those listed on item 2a

ACTION: Continued as proposed

AYES: Olague, Antonini, Borden, Lee, Moore and Sugaya

ABSENT: Miguel

3. 2008.0847D (T. FRYE: (415) 575-6822)

1200 19TH STREET - northwest corner of 19th and Mississippi Street, Assessor's Block 4038; Lot 009 - Request of Discretionary Review for BPA # 2003.10.09.7072 to construct a new 2-unit, 3-story plus penthouse residential building within an RH-2 (Residential, Two-Family) District with a 40-X Height and Bulk District.

Preliminary Recommendation: Pending

(Proposed for Continuance to September 25, 2008)

SPEAKER(S)

Mary Jane Mikuriya, Discretionary Review Requestor

- Requested further continuance because she is not going to be available on September 25.

ACTION: Continued to October 16, 2008

AYES: Olague, Antonini, Borden, Lee, Moore and Sugaya

ABSENT: Miguel

4a. 2008.0614D (B. FU: (415) 558-6613)

1366 SAN BRUNO AVENUE - west side, between 24th and 25th Streets; Lot 007 in Assessor's Block 4263, in a RH-3 (Residential, Three-Family House) District with a 40-X Height and Bulk Designation. The proposal is to demolish an existing two-family dwelling and construct a new three-family dwelling. Planning Code Section 317 requires Mandatory Discretionary Review of Demolition Permit Application No. 2007.03.21.6793 to demolish an existing two-family dwelling.

Preliminary Recommendation: Pending

(Continued from Regular Meeting of August 7, 2008)

(Proposed for Continuance to September 25, 2008)

SPEAKER(S): None

ACTION: Continued as proposed

AYES: Olague, Antonini, Borden, Lee, Moore and Sugaya

ABSENT: Miguel

4b. 2007.0040DV (B. FU: (415) 558-6613)

1366 San Bruno Avenue - west side, between 24th and 25th Streets; Lot 007 in Assessor's Block 4263, in a RH-3 (Residential, Three-Family House) District with a 40-X Height and Bulk Designation. Planning Code Section 317 requires Mandatory Discretionary Review for the new construction of units in association with demolition. Planning Code Section 317 requires Mandatory Discretionary Review of Building Permit Application No. 2007.03.21.6789 for the new construction of a three-family dwelling in association with the demolition.

Preliminary Recommendation: Pending

(Continued from Regular Meeting of August 7, 2008)

(Proposed for Continuance to September 25, 2008)

SPEAKER(S): None

ACTION: Continued as proposed

AYES: Olague, Antonini, Borden, Lee, Moore and Sugaya

ABSENT: Miguel

4c. 2007.0040DV (B. FU: (415) 558-6613)

1366 San Bruno Avenue - west side, between 24th and 25th Streets; Lot 007 in Assessor's Block 4263, in a RH-3 (Residential, Three-Family House) District with a 40-X Height and Bulk Designation. Planning Code Section 317 requires Mandatory Discretionary Review for the new construction a three-family dwelling in association with demolition. Front setback, rear yard, and off-street parking Variances are required and will be considered by the Zoning Administrator.

(Continued from Regular Meeting of August 7, 2008)

(Proposed for Continuance to September 25, 2008)

SPEAKER(S): None

ACTION: Continued as proposed

AYES: Olague, Antonini, Borden, Lee, Moore and Sugaya

ABSENT: Miguel

5. 2006.0864C (E. Oropeza: (415) 558-6381)

2245 Geneva Avenue - north side between Santos and Pasadena Streets; Lots 008J, 008I and 008H in Assessor's Block 6322 - Request for Conditional Use Authorization pursuant to Planning Code Section 161(j) for the reduction of off-street parking spaces for proposed dwelling units. The project proposes the construction a 3-story, 3-unit mixed-used building on each lot within the NC-1 (Neighborhood Commercial, Cluster) District and a 40 –X height and Bulk District. Planning Code Section 161(j) allows for the reduction of off-street parking requirements for dwelling units in any NC District pursuant to the procedures for conditional use authorization set forth in Section 303.

Preliminary Recommendation: Pending

(Continued from Regular Meeting of July 24, 2008)

(Proposed for Continuance to October 2, 2008)

SPEAKER(S): None

ACTION: Continued as proposed

AYES: Olague, Antonini, Borden, Lee, Moore and Sugaya

ABSENT: Miguel

6. (L. SCOTT: (415) 558-6317)

CODE ENFORCEMENT PRIORITIES UPDATE

Report on survey to neighborhood organizations and the public on enforcement issues and priorities, current status of code enforcement workload, and proposed policy resolution on updated priorities.

Preliminary Recommendation: Informational

(Continued from Regular Meeting of August 7, 2008)

(Proposed for Continuance to October 16, 2008)

SPEAKER(S): None

ACTION: Continued as proposed

AYES: Olague, Antonini, Borden, Lee, Moore and Sugaya

ABSENT: Miguel

7. 2008.0475C (S. LAI: (415) 575-9087)

391 Monterey Boulevard - south side, between Detroit and Congo Streets, Lot 029 in Assessor's Block 3118 - Request for Conditional Use Authorization under Planning Code Sections 209.3(f) and 303, to convert a child-care facility providing care for 12 or fewer children to a child-care facility providing care for 13 or more children, within the existing dwelling unit, located in a RH-2 (Residential, House, Two-Family) Zoning District and a 40-X Height and Bulk District.

Preliminary Recommendation: Pending

CONDITIONAL USE WITHDRAWN

B. 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

8. 2008.0852C (D. Sánchez: (415) 575-9082)

1909 Mission Street - east side, between 15th and 16th Streets, Lot 029 in Assessor's Block 3553 - Request for Conditional Use Authorization under Planning Code Sections 781.5(a) and 303 to allow for the establishment of a small self-service restaurant (dba: Pasqua'l Creamery & Juice Bar) within the Mission Street Fast-Food Subdistrict, the NC-3 (Moderate Scale Neighborhood Commercial) District and an 80-B Height and Bulk designation.

Preliminary Recommendation: Approval with conditions

SPEAKER(S): None

ACTION: Approved

AYES: Olague, Antonini, Borden, Lee, Moore and Sugaya

ABSENT: Miguel

MOTION: 17690

9. 2007.1142C (B. BENDIX: (415) 575-9089)

2162 Revere Avenue - northeast side, between Selby Street and Rankin Street, Lots 016 and 017 in Assessor's Block 5334:- Request for Conditional Use Authorization pursuant to Planning Code Sections 121(f) and 303 to adjust the lot line shared by the two subject lots by .5-feet and establish Lot 017 as a lot with less than the required width. The proposal includes the construction of a two-story, single-family dwelling. No alteration is proposed for the existing dwelling unit. The project site is located within an RH-1 (Residential, House, Single-Family) Zoning District with a 40-X Height and Bulk designation.

Preliminary Recommendation: Approval with conditions

SPEAKER(S): None

ACTION: Approved

AYES: Olague, Antonini, Borden, Lee, Moore and Sugaya

ABSENT: Miguel

MOTION: 17691

10. 2008.0616C (S. LAI: (415) 575-9087)

4565 Mission Street - east side, between Excelsior and Brazil Avenues, Lot 032 in Assessor's Block 6014 - Request for Conditional Use Authorization under Planning Code Sections 712.54 and 303, to allow a massage establishment (dba  Zeng's Massage Therapy ), within an existing chiropractic clinic, located in the NC-3 (Neighborhood Commercial, Moderate-Scale) Zoning District and a 40-X Height and Bulk District.

Preliminary Recommendation: Approval with conditions

SPEAKER(S): None

ACTION: Approved

AYES: Olague, Antonini, Borden, Lee, Moore and Sugaya

ABSENT: Miguel

MOTION: 17692

C. COMMISSIONERS' QUESTIONS AND MATTERS (Tape IA)

11. 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 Antonini

- I just want to mention an article in today's Examiner about rental properties in San Francisco and posing the question of how many of these are actually taken off the market.

- They used primarily an example of someone who had a property and took the units off the market for five years to do improvements.

- We do have a method to measure that if it is done through public records.

- What is less clear is the number of units that is kept off the market by owners who are often times elderly.

- I have heard in many instances that people are afraid of not being able to terminate the renter's occupancy if things are done that they do not approved of.

- Sometimes some of the things are probably not really what the law is and things get out of context or made worse than they really are by conversations.

- The City should make it as clear as possible as to what the real law is in terms what are the rights of property owners and renters, and what the responsibilities to each other are.

- I am one to expect that there are a significant number of units that are kept off the market just out of fear by property owners that if they have a tenant that is engaged in activities that they are not happy with, they are not going to be able to get rid of them.

Commissioner Lee

- First, I want to acknowledge Mr. Rahaim for agreeing to meet with a group of 27 Mayors from China for a study group about planning, environment, and what LEED is.

- Just for the public information, sn November 2, the Mayor will participate in the World Economic Forum.

- We are going to have also a person from the San Francisco Chamber of Commerce to bring businesses from China to San Francisco.

- We already have the largest solar panel industry from China opening its office here and we are pursuing a second solar panel manufacturing company.

- San Francisco has a new sister city in India.

Commissioner Moore

- I want to acknowledge Sarah Dennis for updating us on the schedule for the Housing Element Update. I hope and would appreciate if we were notified of the community outreach meetings.

- It was on a fascinating web seminar about green communities and comparing what we do with European practice and I want to challenge Director Rahaim to actually go over that seminar with me – the one that I downloaded.

- It is about comprehensive green planning which goes far beyond LEED.

- It is an absolutely fascinating subject matter and I want to share with you a success story about a city that is fully environmentally integrated at all levels.

Commissioner Olague

- I would be interested in that. Maybe we can schedule it after the sustainability hearing.

Director Rahaim

- I would be happy to do that and I do have a little bit of history with this concept because we were looking at this in Seattle.

- They actually looked at the entire district as a green community and not just at a building level.

Commissioner Olague

- I just want to acknowledge CCDC, Chinatown Community Development Corporation, for attending the brown lunch bag at the [Planning] Department earlier this week. It was very fascinating with all the activities going on in Chinatown.

- I think that at some point we should have a short presentation during Director's Report from CCDC on the work that they are engaged in and the planning issues.

Commissioner Lee

- I was not at that presentation but I would be very cautious because CCDC only represents a small segment of Chinatown. Other organizations may want to present their views.

- Another issue, I am finding out that in the last year we are spending an average of one hour on each discretionary review.

- We should have some guidance because we are spending too much time.

Commissioner Olague

- I think there is a lot of work that the department is doing with the Matrix Report. I think the department has been working on that.

Larry Banider, Zoning Administrator

- Just to inform you, we are working on the discretionary review process. We are developing some proposals and we hope to bring that to you in October.

D. DIRECTOR'S REPORT

12. Director's Announcements (Tape IA)

Director Rahaim

- It has been one of the busiest weeks.

- You probably have seen a lot of media coverage over a letter that we sent to the Golden Gate Bay Bridge district.

- That letter was primarily on design issues and it was sent to the district. It was not a position of the Mayor and it was simply a condition of the department at this point.

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

AnMarie Rodgers reported:

Land Use Committee

None

Full Board

A- First Source Hiring Ordinance – This ordinance would amend the Administrative Code to extend the scope of permits subject to the ordinance within the Market – Octavia Plan and to place new reporting requirements on the First Source Hiring Administration. Passed

B- Affordable Housing Preference with Certificate Holders – This would amend Planning Code sections to require that all on or off-site affordable housing units for commercial per Section 315 and residential projects per Section 315 to be first offered to individuals who hold a certificate of preference from the Redevelopment Agency. Continued to September 23

C- Introductions:

1. Interim control that would require Conditional Use Authorization for any change of use or reduction of recreational space by more than 15,000 square feet. This would include indoor or outdoor facilities for a six months period. Introduced by Supervisor Daly.

Larry Badiner reported:

- The Board of Appeals is short two members because they are waiting for confirmation and with only three members it is difficult to take action.

- They are searching for an Executive Director and they had a closed session and voted not to disclose their discussion.

E. 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)

Patricia Vaughey

- I have five discretionary reviews coming up because there were no compromises and there has been harassing elders. An application was closed after two years and the developer asked for a revision without paying anything for that. What is going to be the policy for this department on demolition of homes?

- More discretionary reviews are coming because planners are saying that projects are code compliant and most of these projects can compromise with neighborhood issues.

Marilyn Amini

- There is a resolution that is going to be heard before the Land Use Committee on Monday that would allow Conditional Use Authorization for new residential over 20-unit new commercial or retail for over 5,000 square units in a very large area.

- A letter was sent to you on the 24th saying that it would not be scheduled pending your recommendation.

- I urge you to communicate with the Board of Supervisors and ask that this matter be held until it is heard here to review and make recommendations.

Tom Radulovich

- I want to talk to you about timelines and delays that MEA has caused for implementations on some plans. You should review that.

- The Balboa Park Plan, the draft plan was release in 2002 and we are still waiting on a program level environmental review.

Jim Meko

- We were previously scheduled to appear before you on August 21 but we got buried under a pile of Discretionary Reviews and asked for a continuance to September 18.

- You will be considering adoption of a resolution establishing the Western SoMa Community Plan as the preferred project subject to environmental review.

- On the previous agendas it was incorrectly identify as an informational presentation but subsequently that was amended to be an action item.

- I am here to ask that you ensure that both items, our plan and replacement of PDR, be calendared as action items initiating the environmental analysis for the Western SoMa Community Plan.

Paul Wermer

- I have spoken before about the neighborhood commercial district code that calls for a review which I assume would include community input for the respective commercial districts.

- I have been told repeatedly that it is coming soon and that we will not be out.

- Proposed changes are coming to this Commission for Fillmore and Union Streets with no protocol or process.

F. REGULAR CALENDAR

14. (Tape IA; IB) (D. DWYER (415) 575-9031)

BICYCLE PLAN ENVIRONMENTAL IMPACT REPORT - Informational item to discuss current status of environmental review for the Bicycle Plan - The director will lead this discussion on a monthly basis until the certification of the Bicycle Plan EIR. The Municipal Transportation Agency Board is also holding concurrent monthly briefings on the status of the Bicycle Plan.

SPEAKER(S)

Tom Radulovich, Executive Director of Livable City

- We would like to see all the improvements that are in the Market – Octavia Plan also reflected in the Bicycle Plan.

- We hope that you can work with MTA to include the segment of 11th and Harrison Street.

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

15. 2008.0911T (Tape IB) (T. SULLIVAN-LENANE: (415) 558-6257)

SEISMIC STRENGTHENING OF SOFT-STORY, WOOD-FRAME BUILDINGS BOARD FILE NO. 0809567 - This Ordinance introduced by Mayor Newsom and Supervisors Alioto-Pier and Chu would make findings for a compelling public policy basis for expediting the processing and review of permits for seismic retrofit upgrades of soft-story, wood-frame buildings and would amend Section 350 of the Planning Code, the Building Code, Fire Code, and Public Works Code to waive permit-processing fees for the proportionate share of work related to such seismic retrofit upgrades; making environmental findings and findings of consistency with the City's General Plan and Planning Code Section 101.1.

Preliminary Recommendation: Approval.

(Continued from Regular Meeting of September 4, 2008)

SPEAKER(S)

Tom Radulovich, Livable City

- Urged to recommend tandem parking, or at least send the comment for consideration for RH-2 and RH-1-S because it would provide extra space on the ground.

ACTION: Approved with modifications:

-Staff to continue working with DBI on the definition of soft story wood frame.

-To include further dialogue on tandem parking.

AYES: Olague, Antonini, Borden, Lee, Moore and Sugaya

ABSENT: Miguel

MOTION: 17693

16. 2008.0685C (Tape IIA) (S. LAI: (415) 575-9087)

44 WEST PORTAL AVENUE - west side, between Ulloa and Vincente Streets, Lot 005 in Assessor's Block 2931 -7 Request for Conditional Use Authorization under Planning Code Sections 729.42 and 303, to convert a retail sale and services gift shop with accessory prepackaged food sales (dba  Plain Jane's ) into a full-service restaurant (dba  Tuttimelon ), within the West Portal (Neighborhood Commercial District) and a 26-X Height and Bulk District.

Preliminary Recommendation: Approval with conditions

SPEAKER(S)

(+)Eddy Mei, Project Sponsor

- Submitted letters of support from neighbors.

- I am basically here to answer any questions you may have.

Rai Doll, West Portal Neighborhood Association

- Concerned about the maintenance of the Code and review the policy of West Portal Avenue because it was done 20 years ago.

Marilyn Amini

- Most of the people participating in the neighborhood meeting about this project were in favor of it.

ACTION: Approved

AYES: Olague, Antonini, Borden, Lee, Moore and Sugaya

ABSENT: Miguel

MOTION: 17694

17. 2008.0717C (Tape IIA) (D. Sánchez: (415) 575-9082)

804 Bryant Street - northwest corner of 6th Street, Lot 011 in Assessor's Block 3759 - Request for Conditional Use Authorization under Planning Code Sections 803.6 and 303 to allow for the establishment of a large fast-food restaurant (dba Subway) identified as a formula retail use within the Western SoMa Planning Area Special Use District, the SLI (Service/Light Industrial) District and a 30-X Height and Bulk designation.

Preliminary Recommendation: Approval with conditions

SPEAKER(S)

(+)Manog Tripathi, Project Sponsor

- This application is to replace a formula retail with a formula retail. This way it is going to help maintain our team members.

- We did a survey of the area and our landlord is the San Francisco Police Officers Association. We have petitions of about 40 police officers from the Hall of Justice.

- We have met all the conditional findings.

ACTION: Approved

AYES: Olague, Antonini, Borden, Lee, Moore and Sugaya

ABSENT: Miguel

MOTION: 17695

18. 2007.1233C (Tape IIA) (A. Ben-Pazi: (415) 575-9077

805 Columbus Avenue - south-west side between Lombard and Greenwich Streets, Lot 047 in Assessor's Block 0074 - Request for Conditional Use Authorization for a real estate office, larger than the principally permitted maximum of 1,999 square feet, on the first floor of a mixed use building within the North Beach Neighborhood Commercial District. The commercial space measures approximately 2,760 square feet and is unoccupied. No physical expansion of the existing building is proposed. This site is within the North Beach Neighborhood Commercial District, and a 40-X Height and Bulk District. This hearing was originally scheduled for February 7, 2008.

Preliminary Recommendation: Approval with conditions

SPEAKER(S)

(+)Ferguson O'Sullivan, Project Sponsor

- I have done my neighborhood outreach and basically have the support from all the businesses and a lot of the residents of the block.

- There was a concern from some of the neighbors that they would like to see a retail space. I made efforts to find a customer offering $2.25 per square foot with no success.

- This is going to be great for North Beach by providing employment and increased foot traffic.

(+)Paul Scestili

- I am very much in favor of this usage because the unit has been vacant for a long time.

(-)Joan Wood, Telegraph Hill Dweller

- The project sponsor promised that there would be retail space below. There is another Real Estate Agency only half a block away from the proposed one.

(+)Marsha Garland, North Beach Chamber of Commerce

- That location on Columbus Avenue in North Beach is a very quite block and this project would bring life and business to businesses that co-exist in the immediate area.

(+)Connor

- I am very delighted to see a plan for that retail space to be occupied because it has been vacant since it was built, almost four years ago.

(+)Shawn Kigrand

- I am here to support the project applicant because it is consistent with the goals and objectives of the 1900 square feet policy to maintain the character of the neighborhood.

(+)John O'Connor

- I am here for the project because he tried to lease it to possible tenants and has not found any and he has support form most of the neighborhood.

ACTION: Approved

AYES: Olague, Antonini, Borden, Lee, Moore and Sugaya

ABSENT: Miguel

MOTION: 17696

5:30 P.M.

19a. 2008.1224DV (Tape IIA; IIB) (B.BENDIX (415) 575-9089)

59 Mirabel Avenue - north side, between Coso Avenue and Shotwell Street; Lot 027 in Assessor's Block 5517, in the Bernal Heights Special Use District, an RH-2 (Residential, Two-Family House) District and a 40-X Height and Bulk Designation. Request of Discretionary Review of Building Permit 2007.12.20.0934, to construct a 3-story horizontal addition at the rear of the existing two-family dwelling and to make alterations to the façade.

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

SPEAKER(S)

(-)Jill London

- Being a renter there, the parking variance would affect my household by decreasing the number of units from 3 to 2 bedrooms displacing a housemate.

- The project sponsor has been very vague on the plans for this project.

(-)Peter Rengstorff, Discretionary Review Requestor

- Concerned about asbestos liability.

- Tandem parking is an ineffective solution because providing 4 off-street parking spaces is unrealistic and it would increase traffic significantly.

- The plans were shown for the first time on December 17th, 2007 in the middle of the holiday season.

- It took more than eight months for the sponsor to meet with the impacted neighbors. That happened two weeks ago, August 28.

(-)Anita Kahn

- Concerned that the project is going to considerably affect street parking.

- The main problem with the proposed building is that the size is out of neighborhood's character.

(-)Iris Levitt

- Parking is a big issue on our block and this project is going to increase it.

- Shared her own experience of previously requesting a variance for parking spaces and was denied. The same treatment should be applied to everybody.

(-)Robin

- We reached out to Planning, neighbors and the project sponsor to mitigate the problems that are going to impact our community because it is such a large project.

(-)Darrell

- I have tandem parking in my garage and it is very hard to move the cars.

(+)Andrew Mane, Project's Architect

- The goal of the renovation is to create two family friendly size units.

- The lower unit, currently three bedrooms, would be two bedrooms and the upper unit would two bedrooms, currently two bedrooms.

- We are proposing two off-street parking spaces.

- We have successfully met the Planning Code requirements regarding height, setbacks, and compatibility.

- We have successfully met with the process sending notifications, meeting with the neighborhood and trying to address their concerns.

- Regarding the asbestos issue, it is a Health Department issue and it would be taken care of there. Therefore, there is no merit to take discretionary review.

(+)Bob Vranizan, Owner

- I have an opportunity to make a contribution to the neighborhood by remodeling a very old, dilapidated building.

- I met with the neighbors on multiple occasions and we have made changes to accommodate their concerns.

- Read and submitted letters of support from three neighbors unable to come to the hearing.

(+)Jessica Riebel

- Supports the project and urged the Commission to approve because this property is the eye-sore of the block -- needing the remodel, and the current garage is not usable.

- Read a letter of support from a neighbor stating that the house needs to be remodeled.

ACTION: Did not take Discretionary Review and Approved

AYES: Olague, Antonini, Borden, Lee, Moore and Sugaya

ABSENT: Miguel

DRA: 0018

19b. 2008.1224DV (B.BENDIX (415) 575-9089)

59 Mirabel Avenue - north side, between Coso Avenue and Shotwell Street; Lot 027 in Assessor's Block 5517, in the Bernal Heights Special Use District, an RH-2 (Residential, Two-Family House) District and a 40-X Height and Bulk Designation. The project is to construct a 3-story horizontal addition at the rear of the existing two-family dwelling and to make alterations to the façade. A parking variance is required and will be considered by the Zoning Administrator.

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

ACTION: Zoning Administrator closed public hearing and granted the variance subject to standard conditional of approval with the asbestos tile shingle removal.

20. 2008.0724D (Tape IIB) (C. JAROSLAWSKY: (415) 558-6348)

2522 40TH AVENUE - between Ulloa and Vicente Streets; Lot 049 in Assessor's Block 2440 - Request for Discretionary Review of Building Permit Application #200710165511 to extend the rear of an existing, first and second-level approximately 19 feet of a single-family dwelling within an RH-1 (Residential, House, One-Family) District, and a 40-X Height and Bulk District.

Preliminary Recommendation: Take Discretionary Review and approve with modifications

SPEAKER(S)

(-)Pavel Knonevsky, Discretionary Review Requestor

- The project will impact our living covering all the windows of my property and blocking natural light.

- Our neighborhood climate is mostly foggy, which would increase chances for mildew and I am allergic to it. This is a health hazard.

- I understand the need to remodel the house and if there is anyway to reconsider the design to minimize impacts, I will be very happy with it.

(+)Heng-yi Liu, Owner

- We need more space to accommodate our family including a practice piano room for my wife.

- Our project meets all the Planning Codes requirements.

- The distances between the two houses is 7 feet and with the proposed project is going to increase that distance to 11 feet.

- We understand the neighbor's concern about mildew but mold grows with water or moisture. The key is to control it.

- There is no scientific grounds that blockage of sunlight will cause mildew.

(+)Wendy Liu, Owner

- Submitted a petition signed by most of the neighbors supporting the project.

ACTION: Took Discretionary Review and Approved with modifications offered by staff to match the rear wall and side yard setback to the Discretionary Review Requestor's structure and open the ground level stairs.

AYES: Olague, Antonini, Borden, Lee, Moore and Sugaya

ABSENT: Miguel

DRA: 0019

21. 2008.0478D (Tapes IIB; IIIA) (R. CRAWFORD: (415) 558-6358)

526 ELLINGTON - northerly side between Wipple and Farragut Avenues Lot 003 of Assessor's Block 7100 - Request for Discretionary Review of Building Permit Application 2008 0103 1806 to construct a two story 24 foot long addition to the rear of the existing two-story dwelling 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

(Continued from Regular Meeting of August 7, 2008)

SPEAKER(S)

(-)Janet Griggs, Discretionary Review Requestor

- The project appears to be potentially divided, if not now perhaps in the future, into multiple units.

- It also changes the character of the neighborhood because it is including seven bedrooms.

- There is a concern with parking all over the City and the project sponsor is using the garage for storage.

(+)Patrice Fambrini, Project Sponsor Representative

- The Commission requested that a corrected plan be prepared providing proper dimensions of the Discretionary Review Requester property but the requestor denied access.

- Most of the neighbors support the project and we are hoping that this Commission will find the revisions satisfactory.

(+)Sandy Mack, Project Designer

- This project has full support from the neighbors.

- Parking is not a big issue for this neighborhood. [Showed photographs of the block]

(+)David Zhu, Owner

- We are expanding the property because my family is coming to live with me and we need it to accommodate the family.

- We plan to have only one car because my parents do not know how to drive. Our intent for the family is to use public transportation.

ACTION: Took Discretionary Review and approved the project as revised and modified requiring an NSR

AYES: Olague, Borden, Lee, Moore and Sugaya

NAYES: Antonini

ABSENT: Miguel

DRA: 0020

22. 2006.0400D (R. CRAWFORD: (415) 558-6358)

530 Sanchez Street - west side between 18th and 19th Streets Lot 007 of Assessor's Block 3584 - Request for Discretionary Review of Building Permit Application 2005 0503 1415 to demolish the existing structures on the lot and construct a new 4 story, two unit residential 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 Permit.

SPEAKER(S)

(-)Dennis Stewart, Discretionary Review Requestor

- The proposed project conflicts with the design principles set forth in the San Francisco Planning Department's publication Residential Design Guidelines issued in December of 2003, page 5.

- The proposed 14 foot increase in elevation height is not compatible with the adjacent buildings which are smaller in size.

- The project might be within the law technically but violates the spirit of harmony. It does not provide architectural features that enhance the neighborhood's character.

- Approval of this permit will continue the slow deterioration of architectural neighborhood harmony that has resulted from previous decisions to allow one by one intrusion of new buildings.

(-)Judith

- What is being proposed is a demolition of a small building that it is not being shown to be unsound. Does this building really deserve to be demolished?

(+)Andrew Junius, Project Sponsor Representative

- This is a building that really does follow the Residential Design Guidelines, steps back on the top, and it is within the neighborhood scale.

- Architecture is important for the neighborhoods and this project has good architecture with very well articulated building with vertical windows matching the adjacent buildings, nice bay windows as well as a side entrance to the building making it interesting in the front.

- Light and air should not be an issue because one side is a 15 foot upgrade above the rear yard.

(+)Santos, Structural Engineer

- My firm does soundness reports for most residential properties and this one does not require a report because the threshold is worth more than $1.2 million.

- There are great architectural features on this project.

(+)Luke O'Brian

- This building is not historically significant and the project sponsor has been given the permission to demolish the structure at the rear of this building which is not providing any service.

- The proposal would be increasing living space for people in the neighborhood.

(+)Simon Kwan

- This lot is a RH-3 lot, which is meant to be high density, and the architect has made efforts to compromise with the neighbors.

On the motion to take discretionary review and approved the project to reduce the height by 2 feet on the entire structure and to remove the curved elements on the balcony railings.

AYES: Antonini, Borden and Lee

NAYES: Olague, Moore and Sugaya

ABSENT: Miguel

Motion failed

ACTION: In the absence of a substitute motion, this item is approved as proposed.

DRA: 0021

23. 2008.0804D (R. CRAWFORD: (415) 558-6358)

84 ORD STREET - west side between Saturn and 17th Streets Lot 013 of Assessor's Block 2626 - Request for Discretionary Review of Building Permit Application 2008 0409 9225 to construct a three-story addition to the front and to construct a small 3 story addition to the north side of the existing four- story two-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 Permit.

DISCRETIONARY REVIEW WITHDRAWN

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)

Sue Hestor, Re: Timing of CEQA notices

- Requested to use this Commission's agendas to inform the public about important things; about significant changes; or big studies.

- You need a policy that says that the notices or posted documents should be available for the public.

- The appeals have gotten deep with no exceptions for community organizations.

Marc Solomon, Re: Western SoMa hearing next week

- We will be here to present our plan for environmental review initiation and I just want to make sure that what is going to happen is setting down for environmental review and not to look at the plan.

Adjournment: 7:52 P.M.

THESE MINUTES WERE PROPOSED FOR ADOPTION AT THE REGULAR MEETING OF THE PLANNING COMMISSION ON THURSDAY, October 16, 2008.

SPEAKERS: None

ACTION: Approved

AYES: Olague, Miguel, Antonini, Lee, Moore and Sugaya

ABSENT: Borden

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: 11/17/2009 10:00:37 PM