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City and County of San Francisco

March 06, 2003

March 06, 2003

SAN FRANCISCO

PLANNING COMMISSION

Meeting Minutes

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

Thursday, March 6, 2003
1:30 PM

Regular Meeting

COMMISSIONERS PRESENT: Michael J. Antonini; Rev. Edgar E. Boyd, Lisa Feldstein,
Kevin Hughes, Sue Lee, William L. Lee

COMMISSIONERS ABSENT: Shelley Bradford Bell

THE MEETING WAS CALLED TO ORDER BY VICE PRESIDENT ANTONINI AT 1:32 p.m.

STAFF IN ATTENDANCE: Gerald Green - Director; Larry Badiner -Zoning Administrator; Judy Boyajian, Deputy City Attorney; David Alumbaugh; Ken Rich; Kate McGee; Jamilla Vollmann; Geoffrey Nelson; Dan Sider; Ben Fu; 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. 2002.0446CEKV (M. SNYDER: (415) 575-6891)

          40-50 LANSING STREET (A.K.A. 35 GUY PLACE) - a through lot that faces Lansing Street on its south side and Guy Place on its north side, within the block surrounded by First Street, Harrison Street, Essex Street, and Folsom Street, Lot 11 in Assessor's Block 3749 - Request for Conditional Use authorization for: (1) the construction of a building within a Residential District that would be taller than 40-feet pursuant to Planning Code Section 253(a); and (2) for the construction of a building that would have full lot coverage within the Rincon Hill Special Use District pursuant to Planning Code Section 249.1(b)(1)(B). The building would be 84-feet tall and contain up to 82 dwelling units. The subject property is within a RC-4 (Residential-Commercial Mixed, High Density) District, an 84-R Height and Bulk District and the Rincon Hill Special Use District / Residential Subdistrict.

      Preliminary Recommendation: Approval with Conditions

                (Continued from Regular Meeting of February 20, 2003)

                (Proposed for Continuance to March 13, 2003) March 27, 2003

          SPEAKER(S):

          Re: Continuance

          Andrew Junius

          - He would like to have this case continued but kept on the calendar until the matter of the appeal is resolved.

          ACTION: Continued to March 27, 2003

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

          ABSENT: Bradford Bell and Boyd

          1b. 2002.0446CEKV (M. SNYDER: (415) 575-6891)

          40-50 LANSING STREET (A.K.A. 35 GUY PLACE) - a through lot that faces Lansing Street on its south side and Guy Place on its north side, within the block surrounded by First Street, Harrison Street, Essex Street, and Folsom Street, Lot 11 in Assessor's Block 3749 - A request for variances from (1) the exposure standard required under Planning Code Section 140; (2) the loading space standard required under Planning Code Section 152; (3) the setback standard for building mass above 50-feet as required under Planning Code Section 249.1(c)(3); (4) the frontage standard that requires at least 50-percent of all frontages be comprised of building entrances and display windows as mandated by Planning Code Section 249.1(c)(1)(C); and (5) the requirement that restricts parking on the first and second levels being any closer than 25-feet horizontal distance from any street grade as mandated from Planning Code Section 249.1(c)(5)(C) . The subject property is within a RC-4 (Residential-Commercial Mixed, High Density) District, an 84-R Height and Bulk District, and the Rincon Hill Special Use District / Residential Subdistrict.

                (Continued from Regular Meeting of February 20, 2003)

                (Proposed for Continuance to March 13, 2003) March 27, 2003

          SPEAKER(S): Same as those listed for item 1a.

          ACTION: Continued to March 27, 2003

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

          ABSENT: Bradford Bell and Boyd

          2. 2002.0778E (J. NAVARRETE: (415) 558-5975)

          150 BROADWAY (AKA 190 BROADWAY) - Construction of Affordable Housing, Childcare Facility, Retail Space and Parking. Lot 011 of Assessor's Block 0141 - Appeal of Preliminary Negative Declaration for the proposed new construction of 87 affordable housing units, 41 off-street parking spaces (including 3 spaces for the City CarShare Program), a 3,500 square foot childcare facility, a community room, multi-purpose room and offices associated with the residential use, 2,000 square feet of retail space, and one freight-loading space. The proposed project would consist of three separate buildings: one building would be three-stories tall, or approximately 40 feet in height; a second structure would be five-stories tall, or approximately 50 feet in height; and the third structure would be eight-stories tall, or approximately 80-feet tall. The proposed structures would contain approximately 128,000 gross square feet. The site is approximately 30,948 square feet in size and located at the northeast corner of Broadway and Battery Streets, with additional frontage on Front Street. The site currently contains a ground-level asphalt parking lot on a portion of the site and the remainder of the site is vacant. The site was also the former site of the Embarcadero Freeway off-ramp, and is owned by the City and County of San Francisco. The project site is located within a C-2 (Community Business) zoning district, the Northern Waterfront Special Use District No. 3, the Northeastern Historic District, and an 84-E height and bulk district. The proposed project requires Conditional Use authorization.

      Preliminary Recommendation: Uphold Preliminary Negative Declaration

          (Proposed for Continuance to March 20, 2003)

          SPEAKER(S): None

          ACTION: Continued to March 20, 2003

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

          ABSENT: Bradford Bell and Boyd

          3. 2002.0395C (G. NELSON: (415) 558-6257)

          417 31ST AVENUE - northwest corner at the intersection of Clement Street and 31st Avenue; Lot 001 in Assessor's Block 1463 - Request for Conditional Use authorization pursuant to Section 710.83 of the Planning Code to install a total of six antennas and related equipment within the belfry of an existing two-story, 40-foot tall (58 feet to top of tower), publicly-used structure known as the Lincoln Park Presbyterian Church, as part of Cingular's wireless telecommunications network within an NC-1 (Neighborhood Commercial Cluster) District and a 40-X Height and Bulk District. Per the City & County of San Francisco's Wireless Telecommunications Services (WTS) Facilities Siting Guidelines the proposal is a Preferred Location Preference 1 as it is a publicly-used structure.

                Preliminary Recommendation: Approval with Conditions

          (Continued from Regular Meeting of January 16, 2003)

          (Proposed for Continuance to April 3, 2003)

          SPEAKER(S): None

          ACTION: Continued to April 3, 2003

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

          ABSENT: Bradford Bell and Boyd

          4. 2002.1065DD (K. McGEE: (415) 558-6367)

                1469 18TH STREET - corner of 18th and Connecticut, Lot 27 in Assessor's Block 4036. Requests for Discretionary Review of Building Permit Application No. 2002.09.05.5714 proposing to change the use to include "Other Entertainment" with a Police "Place of Entertainment" permit, doing business as the "Lingba Lounge," located in an NC-2 (Small-Scale Neighborhood Commercial) Zoning District and in a 40-X Height and Bulk District.

                Preliminary Recommendation: Pending

                (Proposed for Continuance to April 3, 2003)

          SPEAKER(S): None

          ACTION: Without hearing, item continued to April 3, 2003

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

          ABSENT: Bradford Bell and Boyd

B. COMMISSIONERS' QUESTIONS AND MATTERS

      5. Consideration of Adoption - draft minutes February 13, 2003

          SPEAKER(S): None

          ACTION: Approved

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

          ABSENT: Bradford Bell and Boyd

      6. Commission Comments/Questions

          Commissioner Antonini - He commended staff for the great meeting related to the Eastern Neighborhoods.

C. DIRECTOR'S REPORT

      7. Director's Announcements

          Re: Eastern Neighborhood Meeting

          - He also thought that the meeting was very effective and is just the start of this process.

          - There will be meetings in the future with reactions to what is presented.

          - Staff will be announcing when the next meeting will be.

          - He also thanked staff as well.

          Re: Planning Director's absence for the March 13, 2003 Hearing

          - Larry Badiner, Zoning Administrator will be the Acting Director at that meeting.

          Re: President Bradford Bell

          - He knows that President Bell is watching the meeting and wished her a happy belated birthday.

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

          Re: 1338 Filbert Street - Landmark of Cottages

          - It was discovered that one of the four cottages (Lot 31) was under a separate ownership and there was a question about whether that owner was properly noticed.

          - The committee therefore divided the ordinance in two: the first part dealt with 3 of the 4 cottages (specifically lots 32, 33 and 34). They were passed out of committee and was approved on first reading by the full board on Tuesday, March 4.

          - The second part of the ordinance dealt with the fourth cottage (Lot 32) which is under separate ownership. This will be considered at the March 17th meeting of the Land Use committee. Both items are expected to be heard at the Full Board's meeting of March 18 and as a technical matter, the Board may decide to join both ordinances when considering the matter.

          Re: Conditional Use Appeal for 1193 Oak Street

          - This appeal was heard by the Commission on January 9, 2003. It consists of a project to establish a bed and breakfast inn within the second floor dwelling unit. A public hearing on the appeal was held and the item was continued for three weeks and will be heard once again at the March 25 meeting of the Board of Supervisors. Questions were raised by members of the Board about the possible loss of housing if this CU were upheld, and about the eviction history at this address.

          Re: 1250 Haight Street

          The Land Use Committee approved the package of legislation that essentially amends the Planning Code and Zoning maps to create the Haight Street Senior Affordable Housing Special Use District.

          - The Commission had approved the Conditional Use application for this 40-unit affordable senior housing project by the Citizen Housing corporation pending the final adoption by the approval by the full Board, which will consider the items for first reading on March 17, 2003.

          Re: Conditional Use Revocation Ordinance by Supervisor Gonzalez

          - The Land Use Committee also approved Supervisor Gonzalez's ordinance allowing for the revocation of a Conditional Use authorization upon finding that the applicant provided false information in obtaining the Conditional Use. The Land Use Committee also incorporated this Commission's recommendations with amendments that clarify what constitutes "false information" that could justify revocation of Conditional Use approval and by setting a time period of one year to receive such information from the effective date of the Conditional Use authorization.

          Re: Cancelled Meetings

          - The Land Use Committee and the Full Board meeting are cancelled next week as many members of the Board will be in Washington DC to attend a local legislators' conference.

          Re: Dog Patch Historic District.

          - The Land Use Committee will consider the legislation establishing the Dog Patch Historic District which has already been passed by the Landmark's Advisory Board and the Planning Commission on March 24, 2003.

          Re: Alcohol Restricted Use District

          - The Land Use Committee will also consider another ordinance that has been considered by this Commission, which is Supervisor Maxwell's legislation creating a Third Street Alcohol Restricted Use District. This would prohibit any new liquor establishments and would regulate existing non-conforming liquor establishments in this new Restricted Use District.

E. REGULAR CALENDAR

          9. (D. ALUMBAUGH/K. RICH: (415) 558-6601/558-6345)

          BALBOA PARK STATION AREA PLAN -- PRESENTATION ON PUBLIC REVIEW DRAFT - Informational Presentation on the Balboa Park Station Area Plan Draft for Public Review and status report. No action by the Commission.

          SPEAKER(S):

          (+) Al Harris - OMI Neighbors in Action

          - There have been a lot of meetings regarding this plan and anything that the Commission can do to facilitate this process would be greatly appreciated by the neighbors.

          (+) Daniel Weaver - OMI NIA, District 11 council

          - What he likes best about the Balboa Area Plan is the urban design guidelines that are aimed to direct the vitalization of the Ocean Avenue/Balboa Park Area.

          - He believes that the proposal for sizing the Phelan Loop plaza is right for pedestrian space even though the Twin Peaks Central Council argues in favor of using the entire Phelan Loop for pedestrian open space.

          - The environmental document needs to be funded.

          (+/-) Danny Burkes - Westwood Park Association

          - The association would like to commend staff and the Planning Director for community outreach.

          - This plan will affect the Westwood Park residents.

          - The present plan does an excellent job of recognizing the underutilized potential of Ocean Avenue as a business district and the Balboa reservoir.

          - The members have expressed concerns regarding: 1) parking and traffic impacts on Westwood Park; 2) destruction of neighborhood character due to the excessive height limit of the structures; 3) destruction of neighborhood character due to excessive dense structures.

          (+) Steve Currier - Outer Mission Residents Association

          - He is pleased to be a part of another informational hearing.

          - The association supports this plan completely.

          - The neighborhood needs this.

          (-) Rebecca Silberberg - Excelsior District Improvement Association

          - The Association does support this project and every aspect is important.

          (+/-) Pat Devlieg

          - There is a need to have MUNI riders.

          - The plan is very good and everyone supports the idea of improving the station, yet there is not enough attention to the feeder into Balboa Station.

          - There will be an increasing amount of people using this area.

          - It would be good to implement a car-share program at the Balboa Station.

          (+) Jo-Carol Davison - Cayuga Improvement Association

          - The association is very excited about this plan.

          - She hopes that the work for this plan continues.

          - The main concerns are parking and traffic.

          (+) Sharon M. Eberhardt - Cayuga Improvement Association

          - She has lived in the area for 32 years.

          - She welcomes the Commission to come to the area and look for themselves at what a mess the area currently is.

          (+) Peter Vaernet

          - As a resident of the OMI district, it is amazing to see how a run-down neighborhood will be revitalized.

          - People agree with the plan and it will be a huge gift to the neighbors.

          (+) Bette W. Landis

          - She has lived in this area more than 30 years.

          - The improvements have been fantastic.

          (-) Mr. Pierre Fraysse

          - He is a resident of the Sunset District.

          - He commutes between Sunset and City College.

          - The impact of the development will be a great one.

          - He is concerned with the commute going from his neighborhood to the Balboa Station.

          (+) Oscar Herrera

          - He is in support of affordable housing and this Balboa plan will work.

          (+) Anita Theoharis - Westwood Park Resident

          - She would like the Commission to come out and get a tour of the area.

          - City College parking will always be an issue.

          - There has to be a balance in order to keep the neighborhood character.

          - The association wants to do their share.

          (+) David Hooper - New Mission Terrace Improvement Association

          - He would like to commend staff for all this work.

          - This plan is a continuing process.

          - Affordable housing is important on the west side of the Phelan Loop.

          (+) William F. Wilson

          - City College is going through a Master Plan.

          - He feels that there should be more coordination from the Planning Department with all the things that are happening in the neighborhood.

          - Something needs to be done about parking as well.

          - He invites the Commissioners to come to the neighborhood and get a tour.

          (+) Stella Espher

          - She has lived in the area and used Balboa BART station for many years.

          - There is too much density in the area already.

          (+) Mr. Marshall

          - He has been living in the area for more than 50 years.

          - He has seen many changes in the in the area.

          - The improvements on Ocean Avenue have been done but the traffic has not been lost. The residential areas have been impacted instead.

          - He would like to have further study on the traffic impact.

          ACTION: Meeting held, no action required.

          10. 2002.1084C (M. LI: (415) 558-6396)

          321-323 GRANT AVENUE - west side between Bush and Sutter Streets, Lot 003 in Assessor's Block 0286 - Request for conditional use authorization to convert residential hotel rooms to nonresidential use and to establish a tourist hotel use within a C-3-R (Downtown Retail) District, an 80-130-F Height and Bulk District, and the Kearny-Market-Mason-Sutter Conservation District. The existing building, the Baldwin Hotel, contains 61 residential hotel rooms, of which 45 are vacant. The proposed project is to convert the vacant residential hotel rooms to tourist hotel rooms. There will be no physical expansion of the existing building.

      Preliminary Recommendation: Approval with conditions

      (Continued from Regular Meeting of February 27, 2003)

          SPEAKER(S): None

          ACTION: Without hearing, item continued to March 20, 2003

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

          ABSENT: Bradford Bell and Boyd

          11. 2003.0027C (K. MCGEE: (415) 558-6367)

                2969 24th STREET - south side of 24th Street; Lot 036 in Assessor's Block 4270: Request for Conditional Use Authorization to allow a small self-service restaurant pursuant to Planning Code Section 727.44 in the 24th Street-Mission Neighborhood Commercial Zoning District, subject to the Mission District Interim Controls, and within a 40-X Height and Bulk District. The proposal is to convert the existing retail store to provide customers with a limited menu of ready-to-eat food prepared in advance of customer orders and to include seating for food consumption on or off the premises, doing business as "Tortas Los Picudos" and is approximately 750 square feet.

                Preliminary Recommendation: Approval with Conditions

          SPEAKER(S):

          (+/-) Deborah Cross

          - She lives directly above the restaurant.

          - She is concerned about noise because the owner plays the radio from 7:00 a.m.

          - She is a nurse and sometimes she has to sleep during the day.

          - She would just like to ask that some sound proofing be installed or turn the radio off.

          ACTION: Approved as amended: 1) ADA compliant where applicable; 2) Seek proper permits for the sidewalk seating and not allow sidewalk seating until permits are obtained.

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

          ABSENT: Bradford Bell

          MOTION: 16537

          12. 2002.1238C (J. VOLLMANN: (415) 558-6612)

                1777 FULTON STREET - south side between Central and Masonic Avenues; Lot 018A in Assessor's Block 1186 - Request for conditional use authorization pursuant to Sections 710.44 and 710.27 of the Planning Code to establish a small self-service restaurant and to operate until 2 a.m. The proposal is to convert the vacant commercial space to an approximately 975 square foot self-service restaurant with seating for approximately 16 people. The subject site is located in an NC-1 (Neighborhood Commercial Cluster) District and a 40-X Height and Bulk District. No physical expansion of the building is proposed besides relocating and renovating the storefront entrance.

                Preliminary Recommendation: Approval with Conditions

          SPEAKER(S):

          (+) Ahmad Larizadam - Project Sponsor

          - This project began in 2002. It is now March, 2003.

          - The entire area has been improved recently.

          - The proposed project will be a benefit to the area because in just a few block away there are no restaurants.

          - This project will also help students have an opportunity to work there.

          (-) Ji Li

          - There are three nightclubs in the area already and she believes that there is a high density of nightclubs already.

          - There are people who hang out on the street who make a lot of noise. Thursday, Friday and Saturday is particularly bad. The noise and activity is relentless.

          - She is a nurse and she would like peace and quiet.

          (+) Laith Salma

          - He is one of the owners of the proposed building.

          - The buildings have all been rehabilitated and have improved the area tremendously.

          - Mr. Azad and his son will be running the business.

          - There have been no commercial district businesses in the area.

          - There is a very strong need for this use.

          (+) Alex Verum

          - He supports this project.

          - He lives in the area. There is a very low number of restaurants who open late.

          - This is a need which should be fulfilled.

          ACTION: Approved

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

          ABSENT: Bradford Bell

          MOTION: 16538

          13a. 2002.1111CV (G. NELSON: (415) 558-6257)

                1541-1545 HAIGHT STREET - south side between Ashbury Street and Masonic Avenue, Lot 028 in Block 1244 - Request for Conditional Use authorization pursuant to Planning Code Section 161(j) to allow a reduction in the parking requirement from one parking space to none. The proposal is to legalize an unauthorized dwelling unit located in a structure at the rear of the property without the required off-street parking space. The subject property lies within the Haight Street Neighborhood Commercial District and a 40-X Height and Bulk District. This project also requires variances from the rear yard and non-complying structure requirements of the Planning Code to allow the legalization of a dwelling unit in the rear yard.

                Preliminary Recommendation: Approval with conditions

          SPEAKER(S): None

          ACTION: Without hearing, item continued to March 13, 2003

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

          ABSENT: Bradford Bell and Boyd

          13b. 2002.1111CV (G. NELSON: (415) 558-6257)

          1451-1545 HAIGHT STREET - south side between Ashbury Street and Masonic Avenue, Lot 028 in Block 1244 - Request for variances from the rear yard and non-complying structure requirements of the Planning Code to legalize a dwelling unit located in a legal non-complying structure within the required rear yard. This project also requires Conditional Use Authorization to allow the legalization of the dwelling unit without producing the required one parking space for the unit.

          SPEAKER(S): None

          ACTION: Without hearing, item continued to March 13, 2003

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

          ABSENT: Bradford Bell and Boyd

E. DISCRETIONARY REVIEW HEARING

      Approximately 4:30 PM the Planning Commission convened into a Discretionary Review (DR) Hearing to hear and act on Discretionary Review matters.

          14. 2002.0117D (G. NELSON: (415) 558-6257)

                644 SPRUCE STREET - east side, between Geary Boulevard and Euclid Avenue, Lot 039 in Assessor's Block 1066 - Mandatory Discretionary Review, under the Planning Commission's policy requiring review of housing demolition, of Demolition Permit Application No. 2002.07.26.2425, proposing to demolish a three-story, single-family dwelling located in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District. The project also proposes the construction of a new three-story, single-family dwelling on the site.

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

          SPEAKER(S):

          (-) Weiru Wang - Discretionary Review Requestor

          - She is here representing her parents.

          - She would like to have this case continued in order to have a shadow study.

          - The new property will be extending out about 20+ feet so will increase the square footage of the house by double. This will impact her parents home since it will block out most of the light.

          (+) Vladamir Vaysman - Project Sponsor

          - He and his family purchased this house so that the entire family could be together, including his aging parent.

          (+) William Pashelinksy - Project Architect

          - He is flabbergasted because there was a letter of agreement with the Discretionary Review requestor which included numerous changes to deal with the DR requestor's issues and now she has disagreements.

          ACTION: Took Discretionary Review and disapproved the building permit application.

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

          NAYES: Antonini and Boyd

          ABSENT: Bradford Bell

          15. 2003.0081DD (J. VOLLMANN: (415) 558-6612)

                527-529 29TH AVENUE - east side between Geary Boulevard and Anza Street, Lot 004 in Assessor's Block 1515 - Requests for Discretionary Review of Building Permit Application No. 2000.07.05.4363 proposing to construct a penthouse addition to the two-story over garage building containing two dwelling units and located within an RH-2 (Residential, House, Two-Family) District and 40-X Height and Bulk District.

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

          SPEAKER(S): None

          ACTION: Discretionary Review Withdrawn

          16. 2002.0970D (D. SIDER: (415) 558-6697)

                128 KING STREET - west side between 2nd and 3rd Streets, Lot 023 in Assessor's Block 3794 - Mandatory Discretionary Review of a "Place of Entertainment" Police Permit at a property within the proposed Ballpark Vicinity Special Use District (BVSUD) pursuant to Planning Commission Resolution Number 14844. The existing use is a restaurant and bar (`Max's Diamond Grill') which proposes to provide live entertainment. The property is within in an M-2 (Heavy Industrial) Zoning District, a 105-F Height and Bulk District and the BVSUD.

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

          SPEAKER(S):

          (+) William Berkowitz - Owner

          - He would like to add another venue at this location.

          - He would like to make this restaurant an entertainment site as well.

          - He has letters of support.

          (+) Bob Bennett

          - He is a resident in the area.

          - He is a member of the Rincon Point Community Action Committee

          - Just because this is located in front of the Ballpark does not mean that there aren't any residences.

          - He would like to enforce the conditions of limited time of operation.

          ACTION: Took Discretionary Review and approved with conditions as modified: Hours of operation shall be: 7:00 a.m. to 12:00 midnight Sunday through Thursday and 7:00 a.m. to 2:00 a.m. Friday and Saturday.

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

          ABSENT: Bradford Bell

          17. 2002.1115D (B. FU: (415) 558-6615)

                2805 SAN BRUNO AVENUE - east side between Wayland and Woolsey Streets, lot 031 in Assessor's block 5457 - Mandatory Discretionary Review per the Planning Commission's Policy on the Removal of a Legal Dwelling Unit with Building Permit Application No. 2002.09.16.6580, proposing to reduce the number of dwelling units in the one story over garage structure from two units to one unit within a NC-2 (Small-Scale Neighborhood Commercial) District with a 40-X Height and Bulk Designation

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

          SPEAKER(S):

          (+) Philip Guan - Project Sponsor

          - He cannot afford to do his work in his house so he would like to convert the first floor for his office and live on the second floor.

          - His neighbors support this project. He will also be able to hire more people for his business.

          - He would like the Commission to approve his project.

          ACTION: Did not take Discretionary Review and approved the project as proposed.

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

          ABSENT: Bradford Bell

          18. 2003.0119D (B. FU: (415) 558-6615)

          119 PERALTA AVENUE - south side between York and Franconia Streets, lot 047 in Assessor's block 5529 - Mandatory Discretionary Review per the Planning Commission's Policy on Residential Demolition with Building Permit Application No.2002.08.02.3042, proposing to demolish an existing single-family, two-story over garage house in an RH-2 (Residential, Two-Family) District and within the Bernal Heights Special Use District with a 40-X Height and Bulk Designation. The project also proposes to construct a new two-family, three-story over garage house.

          Preliminary recommendation: Do not take Discretionary Review and approve the demolition.

          SPEAKER(S):

          (+) Tony Kim - Representing Project Sponsor

          - There was extensive damage to the property. That is the reason for the demolition.

          - The Department of Building Inspection issued a document stating that the property was unsafe.

          - The requirements have been met.

          - The demolition of the property and the new building would improve the area.

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

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

          ABSENT: Bradford Bell

          19. 2002.1276D (K. AMDUR: (415) 558-6351)

                2106-2108 LARKIN STREET - east side between Vallejo and Green Streets, Lot 029 in Assessor's Block 124 - Discretionary Review request for building permit No. 2002.06.27.0161 to rebuild an existing rear stair in approximately the same location and to construct new decks at the second and third floors, with enclosed habitable space beneath the decks (approximately 160 square feet in area) at the ground level, all within the area to be built. The existing building is a two-story over garage, two-family dwelling. The property is located in an RH-3 (Three-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):

          (-) Barbara Dim - Discretionary Review Requestor

          - She objects to the project because the project sponsor mentioned that she was not going to make any changes to deal with any of the neighbors issues like fire safety, air quality from barbecue fumes, smoke odors, and noise.

          - She is also concerned that barbecuing on two decks would increase the possibility of fire.

          - She would like to have Plexiglas panels across the front of the deck to reduce and deflect noise, sound and direct smoke upwards.

          - She submitted support letters for Discretionary Review from various neighbors. Some of the neighbors were not contacted by the project sponsor.

          (-) Mr. Dim

          - He displayed photographs displaying the height relationship of the buildings in question.

          (+) Pamela Dubier

          - She just wants to add decking to her home. The decking could have been made a lot bigger, but she was considerate of her neighbors.

          - The proposed decking does not block views, destroy green space, or decrease light or air flow.

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

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

          ABSENT: Bradford Bell

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: 5:56 p.m.

THESE MINUTES ARE PROPOSED FOR ADOPTION AT THE REGULAR MEETING OF THE PLANNING COMMISSION ON THURSDAY, APRIL 10, 2003.

SPEAKERS: None

ACTION: Approved as Corrected: Item 9 on page 6, the speaker by the name of Rebecca Silberberg was against the project and it states that she was in support.

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

EXCUSED: Bradford Bell

Last updated: 11/17/2009 10:00:05 PM