September 04, 2003

SAN FRANCISCO
PLANNING COMMISSION

Meeting Minutes

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

Thursday, September 4, 2003
1:30 PM

Regular Meeting

COMMISSIONERS PRESENT: Michael J. Antonini, Shelley Bradford Bell, Edgar E. Boyd, Lisa Feldstein, Kevin Hughes, Sue Lee William L. Lee

COMMISSIONERS ABSENT: None

THE MEETING WAS CALLED TO ORDER BY PRESIDENT BRADFORD BELL AT 1:45 p.m.

STAFF IN ATTENDANCE: Larry Badiner - Acting Director; Jim Nixon - Acting Zoning Administrator; Elaine Warren - Deputy City Attorney; Ben Helber; Matt Snyder; Rick Crawford; Geoffrey Nelson; Glenn Cabreros; Michael Smith; Ben Fu; Kate McGee; Michael Lee; Paul Maltzer; Joan Kugler; Nora Priego - Transcription Secretary; Linda Avery - Commission Secretary

A. CONSIDERATION OF ITEMS PROPOSED FOR CONTINUANCE

The Commission will consider a request for continuance to a later date. The Commission may choose to continue the item to the date proposed below, to continue the item to another date, or to hear the item on this calendar.

1. 2003.0611C (K. AMDUR: (415) 558-6351)

1121 POLK STREET - west side between Post and Sutter Streets; Lot 002 in Assessor's Block 0691 - Request for conditional use authorization for the addition of "Other Entertainment," in the form of a piano and piano player, to the existing bar d.b.a. "Katie's Cocktail Lounge." The bar is open from 10am to 1am seven days a week, and the entertainment would take place between 9pm and midnight. The bar is located on the ground floor of a 3-story building, with 24 dwelling units on the 2^nd and 3^rd floors. The subject property is located in the Polk Neighborhood Commercial District and a 130-E Height and Bulk District.

Preliminary Recommendation: Pending

(Proposed for Continuance to September 18, 2003)

SPEAKER(S): None

ACTION: Without hearing, item continued to September 18, 2003

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

2. 2002.0658C (M. WOODS: (415) 558-6315)

735 - 7^th AVENUE, southwest corner of 7^th Avenue and Cabrillo Street, an "L-shaped" lot extending to 8^th Avenue, between Cabrillo and Fulton Streets; Lot 36, in Assessor's Block 1650 - Request for conditional use authorization for the construction of a new approximately 28,000 square- foot Safeway supermarket with up to 65 off-street surface parking spaces, to replace the existing approximately 16,000 square-foot Safeway supermarket, on an approximately 54,000 square-foot lot in an NC-2 (Small-Scale Neighborhood Commercial) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Approval with conditions

(Proposed for Continuance to September 18, 2003)

SPEAKER(S): None

ACTION: Without hearing, item continued to September 18, 2003

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

3. 2003.0444D (S. VELLVE: (415) 558-6263)

586 LISBON STREET - northwest side between France and Russia Streets, Lot 016A in Assessor's Block 6274 - Request for Discretionary Review of Building Permit Application 2002.06.12.8815 to construct a new single-family dwelling located in an RH-1 (House, One-Family) District, 40-X Height/Bulk District.

Preliminary Recommendation: Take Discretionary Review and approve with modifications.

(Continued from Regular Meeting of July 24, 2003)

NOTE: On July 24, 2003, following public testimony, the Commission closed the public hearing and passed a motion to continue this item to September 4, 2003 on a +6-1 vote (Commissioner Antonini voted against the continuance). The Commission requested better and more legible drawings.

(Proposed for Continuance to December 11, 2003)

SPEAKER(S):

Re: Continuance

Steve Currier - Mission Residents Association

- There was a problem between the neighbors and the property owner.

- His association met with the neighbors and has agreed to send a letter to the property owner to mitigate the problems they have had.

- The Planner gave an ok to the letter and to meet with the property owner.

- Hopefully, many of the issues will be resolved by December.

ACTION: Without hearing, item continued to December 11, 2003

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

4a. 2002.1220CV (M. LI: (415) 558-6396)

999 GEARY STREET (990 POLK STREET) - southeast corner at Polk Street, Lots 006 and 007 in Assessor's Block 0716 - Request for conditional use authorization to (1) construct a 12-story, 106-foot-high building containing up to 143 dwelling units for low-income senior citizens and (2) reduce the number of required residential parking spaces within an NC-3 (Moderate-Scale Neighborhood Commercial) District and a 130-E Height and Bulk District. The project is proposing to provide 15 off-street parking spaces where 29 spaces are required.

Preliminary Recommendation: Approval with conditions

(Continued from Regular Meeting of July 10, 2003)

(Proposed for Indefinite Continuance)

SPEAKER(S): None

ACTION: Without hearing, item continued indefinitely.

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

4b. 2002.1220CV (M. LI: (415) 558-6396)

999 GEARY STREET (990 POLK STREET) - southeast corner at Polk Street, Lots 006 and 007 in Assessor's Block 0716 - Rear yard modification and usable open space and dwelling unit exposure variances sought. The proposed project is the construction of a 12-story, 106-foot-high building containing up to 143 dwelling units for low-income senior citizens within an NC-3 (Moderate-Scale Neighborhood Commercial) District and a 130-E Height and Bulk District. The rear yard modification and usable open space and dwelling unit exposure variances will be considered by the Zoning Administrator.

(Continued from Regular Meeting of July 10, 2003)

(Proposed for Indefinite Continuance)

SPEAKER(S): None

ACTION: Without hearing, item continued indefinitely.

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

5. General Discussion of the Department's Priorities, Work Program and Organization.

(Proposed for Continuance to September 25, 2003)

SPEAKER(S): None

ACTION: Without hearing, item continued to September 25, 2003

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

B. COMMISSIONERS' QUESTIONS AND MATTERS

6. Consideration of Adoption - Draft Minutes of June 5, 2003 (continued from 8/28/03), July 10, 17, 21, 24, 2003.

June 5, 2003:

SPEAKER(S): None

ACTION: Approved with Amendments: On the May 1, 2003 minutes, the correct statement should delete any reference to selling bagels.

AYES: Antonini, Bradford Bell, Boyd, Feldstein, S. Lee, W. Lee

EXCUSED: Hughes

July 10, 2003

SPEAKER(S): None

ACTION: Approved with Amendments: Page 19, Item 13A, a restaurant was ok, it just could not have a liquor license.

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

July 17, 2003

SPEAKER(S): None

ACTION: Approved with Amendments: Page 13, Item 13: required that a third party determine the necessity of another existing site.

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

July 21, 2003

SPEAKER(S): None

ACTION: Approved

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

EXCUSED: Boyd and S. Lee

July 24, 2003

SPEAKER(S): None

ACTION: Without hearing, item continued to September 11, 2003.

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

7. Commission Comments/Questions

Commissioner William Lee:

Re: Exactions

- Requested from staff or the City Attorney's office a list of what exactions from the present Planning Code the Commission is allowed for any type of commercial development, etc.

- He wants to know what people are paying now for open space, childcare, into MUNI, etc.

Re: Residential Design Guidelines

He received a draft report dated July 7 from the AIA regarding the Residential Design Guidelines. A copy was sent to Max Putra. He requested that these guidelines be included when the Commission discusses the final Residential Design Guidelines standards.

Re: Performance Measures for the Planning Department

- Get some indicators that are common throughout all City Planning departments in the United Sates so the department can judge themselves on the time it takes for an application to come in, using whatever the criteria is, to the time it gets to the Commission.

Commissioner Hughes:

Re: Robert McDonald

- This morning there was a memorial service for Robert McDonald.

- Mr. McDonald was a representative for Labor's Local 261. He sat on the Golden Gate Bridge District Board of Directors and was active in civic activities for many years.

- He requested that we adjourn today in memory of Robert McDonald.

Commissioner Antonini:

Re: Affordable Housing

- He had made a request for an update/briefing on affordable housing.

- He requested that this item be scheduled on an agenda before the Commission considers the Housing Element because it is a key feature.

Commissioner Boyd:

Re: Inclusionary housing provisions

- Could there be some delineation of the number of units that have been actually approved and their location across the City?

- He would like staff to keep track of where the inclusionary housing is being built.

Commissioner Feldstein:

Re: Inclusionary Housing

- The Nonprofit Housing Association of Northern California has recently released a study of inclusionary policies throughout California. It is more up to date than the Sedway Report and it is more inclusive since it has more jurisdictions. It would be helpful if this information could be made available to the Commission.

C. DIRECTOR'S REPORT

8. Director's Announcements

Re: Commissioner William Lee's Comments

Re: Exactions

- In the C-3 Districts (the downtown districts), primarily for office, a number of exactions are collected.

- Open space is $2.00 per square foot to build a major downtown park and there has been a lot of money collected on this but most of the money went to the improvement of Union Square. There is a $1.00 per square foot fee for childcare or the project can provide childcare on site. Most projects have paid the fee.

- In a larger area than downtown there is a fee called "TIDF" (Transit Impact Development Fee). This covers East of Van Ness Avenue. This is $5.00 per square foot.

- There is the inclusionary housing ordinance which was adopted by the Commission and passed by the Board of Supervisors. This depends on what the use is. Office is one fee, Retail/Entertainment, Industrial, and it varies with the different uses. The housing fee is up to $16.00 per square foot. In the C-3 districts there is also a fee of 1% for art. The Unified School District charges a fee for housing units. This is the only housing fee that is not actually charged by the City or the Department but from the Unified School District which is another department.

Re: Performance Measures for the Planning Department

- He will try to get this information but he does not think there are any cities that are comparable to San Francisco.

Response to Commissioner Antonini's Comments:

- The Housing Element will be heard on October 9. It would be appropriate to have a discussion on affordable housing on this date.

Response to Commissioner Boyd:

Re: Number of units approved under Inclusionary Housing.

- In many cases, projects have not broken ground so the project sponsors have not had to commit yet if they will include the units within the project or do offsite.

- Most projects are doing onsite affordable housing. Few projects are taking advantage of the offsite.

Response to Commissioner Feldstein:

- He will get the Non Profit Association of Northern California report and provide a copy to the Commission.

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

BOS - None

Commissioner Hughes requested information on the outcome of the appeal of :

1) 2545 Greenwich Street that was heard on August 6, 2003; and

2) 330 25^th Avenue which was heard on July 9, 2003.

BOA - None

D. PUBLIC COMMENT ON AGENDA ITEMS WHERE THE PUBLIC HEARING HAS BEEN CLOSED

At this time, members of the public who wish to address the Commission on agenda items that have already been reviewed in a public hearing at which members of the public were allowed to testify and the public hearing has been closed, must do so at this time. Each member of the public may address the Commission for up to three minutes.

Re: Items 10, 11, 12a, b and c

Henry Kleinhenz - Baycrest Homeowners Association

- He and his neighbors have issues on height, density, shadow and diversity.

- The height is just too large, the towers are too close to one another, and there are just too many units in such a small place.

Andrew Brooks - Baycrest Homeowners Association

- He presented some photo simulations of Folsom and Beale Street.

Jim Chappell - SPUR

- These projects will provide some 1,500 housing units.

- It will provide desperately needed tax revenue fees.

- This project should be approved today.

Reed Bement - Rincon Hill Residents Association

- He lives on Rincon Hill.

- There are a number of new issues for this project.

- A new publication has been issued regarding the Tranbay Redevelopment Project. This document contains extraordinary work and he hopes the Commission will not approve this project until this document has been analyzed.

Howard Meadow - Rincon Hill Tenants Association

- He lives on Beale Street.

- There is a document for Rincon Hill Plan that states that topography should be respected.

- He feels that the Planning Commission's rules were broken. He would like the Commission to not make these mistakes again by approving this project.

Douglas Arthur - Baycrest Homeowners Association

- He lives about one block away from the proposed development.

- The EIR is incomplete and misleading as well as erroneous.

- He suggests that the EIR be updated to include the traffic problems and situations.

Rajiv Bhatia, MD, MPH - Department of Public Health

- He submitted a document, which states that because of the size of this project on an emerging residential neighborhood, a more integrated and holistic approach to the commission's issues, shared by public health and urban planning, need to be analyzed.

- Issues that include: ecological degradation, adequate housing, and urban sprawl. The review examines the project from a public health perspective focusing on three broad concerns: environmental justice and equity, needed residential amenities and infrastructure; and limiting harmful auto emissions and encouraging alternative means of transport.

George Williams

- He is in favor of the project.

- There are still some things that need to be fixed.

- The towers are too close and they could be built farther apart.

Diane Belanger

- She is in favor of developing these lots.

- Any Inclusionary housing should be considered on site.

- These developments were conceived during the dotcom explosion.

John Henry Kouba

- It is important that the Commission considers this project as part of a comprehensive plan and that is where the Rincon Hill Development Plan falls short.

Roger Brandon

- This is the worst proposal on today's agenda.

- Two buildings contain office space that is not needed in the City.

- This is a waste of money.

Rev. Arnold Townsend

- This housing is extremely important and extremely needed.

- This project will create thousands of jobs.

- People should be able to afford their own childcare and be able to pay for housing and stay in the city.

Anthony Rauls

- He supports the project.

- He is a member of Young Community Developer.

- This project will strongly help many communities.

Judy Patterson

- She lives on Townsend Street.

- These projects will have a negative impact on the neighborhood.

- These two developments do not complement the Rincon Hill Plan.

Milan Larkin

- He lives in the Bay View Hunters Point area.

- He supports this project.

Kevin Ratcliff - Iron Workers Union 377

- He has seen the need for more housing and is here to support this project.

- There is a need for union trades people such as himself in the building industry.

- There are many residents who were born and raised in San Francisco and cannot afford to purchase anything.

Paul McMannus - Iron Workers Union 377

- There will be many jobs created with this project.

- He may not be able to afford these units in particular but hopes to afford housing at some point.

(name unclear) - Iron Workers Union 377

- He supports this project.

Amiee Albertson

- She supports these projects because it will help her become a homeowner.

- There are many people who have to leave the City because they cannot afford to live here.

Nancy Ellen

- She lives in the Community.

- She is really happy to own property in the area.

- She is in support of this project.

Jim Salinas - Carpenters Union/San Francisco Building Trades Council

- He is here in support of this project.

- This project will create opportunities for many construction workers.

- He asked people in the audience to stand up in support of the project. (about 25 people stood up).

Doug Perry

- He is in support of the project.

- This project will increase the supply of housing.

- It will also provide construction jobs.

Bobby Carter

- She is opposed to this project.

- She is concerned about the violation to the City's waterfront.

- There are a lot of issues in the EIR that many people have pointed out to the Commission in previous meetings.

Joe Howard

- She has issues with the project She is opposed to the way this project has been brought about as well as with the height of the project. She believes this project is just too large.

Sue Hestor

- The process of rezoning in the Rincon Hill has been going on for five years.

- This project was on the same track as Tranbay and Tranbay is moving.

- She displayed a view of the City from the Bay Bridge explaining how the new high-rises will block the skyline of the City.

Joe O'Donaghue

- He supports this project.

- There are many high-rise building that have marvelous views of the City.

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

10. 2000.1073E (B. HELBER: (415) 558-5968)

201 FOLSOM STREET - Certification of Final Environmental Impact Report (FEIR) - The rezoning of parcels in the Rincon Hill neighborhood (the "rezoning project") and a residential development of approximately 1,500,000 gross square feet (gsf) at 201 Folsom Street (the "development" project). The property is currently used as a paved parking lot by the United States Postal Service (USPS) Annex and other government agencies for 270 vehicles. The rezoning project includes rezoning part of Lot 1 in Assessor's Block 3746 and Lots 1 and 8 in Assessor's Block 3745 from the existing P (Public) to a zoning district that allows private development. The requested rezoning is from P (Public) with height limits of 150 and 200 feet to RC-4 (Residential-Commercial Combined: High-Density) with a 300- and 400-foot height limit. In addition, a Planning Code text amendment is requested to create a new Residential/Commercial sub-district under the Rincon Hill Special Use District overlay, and amendments to the Rincon Hill Area Plan, a part of the San Francisco General Plan. The request for rezoning has been made in conjunction with development proposed at 300 Spear Street on Assessor's Block 3745, Lot 1, that would be a part of the rezoned area. The third parcel requested to be rezoned is 345 Main Street, Lot 8 in Assessor's Block 3745, the remaining privately owned lot in the existing P district. The development portion of the project would consist of up to 725 residential units (about 825,000 gsf) and about 38,000 gsf of retail space. It would include about 753 enclosed parking spaces and four loading spaces for the use of the development, and about 272 enclosed replacement parking spaces for the use of the USPS and other government agencies. An 80-foot-tall building base would cover the site. Two residential towers would rise above the building base to total heights of approximately 350 feet and 400 feet above the ground level. The project would require a subdivision of Lot 1 to separate the development site from the Postal Service Annex.

Preliminary Recommendation: Certify the EIR as a Final EIR. Please note that the public review period for the Draft EIR ended at 5 pm, December 2, 2002.

(Continued from Regular Meeting of July 24, 2003)

NOTE: On July 24, 2003, following public testimony, the Commission closed public hearing and passed a motion of Intent to Approve Certification by a vote of +5 -1. Commissioner Sue Lee voted no. Commissioner William Lee was absent. Final Language September 4, 2003.

SPEAKER(S): None

ACTION: EIR Certified

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

MOTION: 16642

11. 2000.1090E (B. HELBER: (415) 558-5968)

300 SPEAR STREET - Certification of Final Environmental Impact Report (FEIR) -The project includes rezoning of parcels in the Rincon Hill neighborhood (the "rezoning project") and a mixed-use development of approximately 1,560,000 gross square feet (gsf) at 300 Spear Street (the "development project"). The property is currently used as a paved parking lot for 290 vehicles. The property was formerly owned by Caltrans and under lease to Golden Gate Transit for daytime commuter bus layovers. Golden Gate Transit buses were relocated a few blocks away in 2000. The rezoning project includes rezoning Lots 1 and 8 in Assessor's Block 3745, and part of Lot 1 in Assessor's Block 3746 from the existing P (Public) to a zoning district that allows private development. The requested rezoning is from P (Public) with height limits of 105, 150 and 200 feet to RC-4 (Residential-Commercial Combined: High Density) with 300- and 400-foot height limits. In addition, a Planning Code text amendment is requested to create a new Residential/Commercial subdistrict under the Rincon Hill Special Use District overlay, and amendments to the Rincon Hill Area Plan, a part of the San Francisco General Plan. The request for rezoning has been made in conjunction with the proposed development at 201 Folsom Street on Assessor's Block 3746, Lot 1, that would be a part of the rezoned area. The third parcel requested to be rezoned is 345 Main Street, Lot 8 in Assessor's Block 3745, the remaining privately owned lot in the existing P district. The development portion of the project would consist of up to 820 residential units, about 36,000 gsf of retail and about 890 underground parking spaces. Two 80-foot-tall building bases would be built to the property lines on Spear, Folsom and Main Streets; the building bases would surround a landscaped courtyard beginning at the courtyard (third) level. Two residential towers would rise above the building bases to total heights of approximately 350 feet and 400 feet above the ground level, respectively.

Preliminary Recommendation: Certify the EIR as a Final EIR. Please note that the public review period for the Draft EIR ended at 5 pm, December 2, 2002.

(Continued from Regular Meeting of July 24, 2003)

NOTE: On July 24, 2003, following public testimony, the Commission closed the public hearing and passed a motion of Intent to Approve Certification by a vote of +5 -1. Commissioner Sue Lee voted no. Commissioner William Lee was absent. Final Language September 4, 2003.

SPEAKER(S): None

ACTION: EIR Certified

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

MOTION: 16643

12a. 2000.1326MZT (M. SNYDER: (415) 558-6891)

300 SPEAR STREET, 160 HARRISON STREET (aka 365 MAIN STREET), AND 201 FOLSOM STREET (aka 314-390 MAIN STREET) - the northern half of the block bounded by Folsom, Spear Street, Harrison Street, and Main Street, Lot 1 in Assessor's Block 3745; the northeast corner of Harrison Street and Main Street, Lot 8 in Assessor's Block 3745; and the northern half of the block bounded by Harrison Street, Beale Street, Folsom Street, and Main Street, the northern half of Lot 1 in Assessor's Block 3746, respectively -- Zoning Reclassification of Property, Planning Code Text Change, and General Plan Amendments sought. The applicants have requested approvals for: (1) the reclassification of these properties from P (Public) to RC-4 (Residential-Commercial Combined, High Density), Districts and the establishment of a "Residential/Commercial Sub-district" within the Rincon Hill Special Use District under Section 249.1 of the Planning Code, pursuant to Section 302 of the Planning Code; (2) the adoption of amendments to the Rincon Hill Area Plan (part of the General Plan) pursuant to Section 340 of the Planning Code; (3) the adoption of modifications to the existing height and bulk limits, including increasing the current height limits from 200-feet, 150-feet and 105 feet to 400 feet for 201 Folsom Street and 300 Spear Street; and from 105 feet to 300 feet for 160 Harrison Street; and (4) the adoption of text change amendments to the Planning Code and General Plan that would change the requirements for density, use, usable open space, parking, parking location, street frontage , site coverage, tower separation and dwelling unit exposure, and other matters at the subject sites.

Preliminary Recommendation: Adopt a Resolution Recommending to the Board of Supervisor's Approval of the Proposed Text, Map and General Plan Changes.

(Continued from Regular Meeting of June 26, 2003)

NOTE: On July 24, 2003, following testimony, the Commission closed public hearing and passed a motion of Intent to Approve on by a vote of +5 -1. Commissioner Sue Lee voted no. Commissioner William Lee was absent. Final Language September 4, 2003.

SPEAKER(S): None

ACTION: Approved with Amendments as Presented by Staff:

Restore proposed deletion of last sentence of "E.", page 8, lines 21 through 23, which reads: Parking requirements can be reduced because of the proximity of the area to Downtown and to transit service and the cost savings translated into lower housing costs.

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

NAYES: Feldstein and S. Lee

RESOLUTION: 16644 (G.P. Amendment)

SPEAKER(S): None

ACTION: Text Amendment Approved with Amendments as Presented by Staff:

Delete phrase, "...and allow residential projects to be financed", from paragraph 21 of the findings (p. 6, lines 23 - 24);

Delete all of paragraph 22 of the findings (p. 7), which currently reads:

The retail parking allowed is somewhat greater than under the existing Rincon Hill Special Use District but is necessary to allow retail uses, such as a grocery store, to be financially viable.; and

Renumber paragraphs 23 through 28 to paragraphs 22 through 27 accordingly.

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

NAYES: Feldstein and S. Lee

RESOLUTION: 16645

SPEAKER(S): None

ACTION: Map Amendments Approved with Amendments as Presented by Staff:

1. Section (8)(D), strike the phrase "within a particular project site"

2. Strike Section (8)(E)

3. Add new Section (9)(E) to read The floor plates on either tower shall not exceed at average of 11,000 gross square feet over the entire tower.

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

NAYES: Feldstein and S. Lee

RESOLUTION: 16646

12b. 2000.1073C (M. SNYDER: (415) 558-6891)

201 FOLSOM STREET (aka 314-390 MAIN STREET) - the northern half of the block bounded by Folsom Street to the north, Main Street to the east, Harrison Street to the south, and Beale Street to the west, Lot 1 in Assessor's Block 3746 - Request for conditional use authorization pursuant to Planning Code Sections 303 and 253 to allow construction of a building taller than 40 feet in an R (Residential) District. The proposed Project would consist of up to 820 residential units in about 775,000 gross square feet, about 38,000 gross square feet of retail space, and up to 845 off-street parking spaces for the residential and retail uses and up to 272 replacement parking spaces for United States Postal Service. The project would include two towers that would be approximately 400 and 350-feet tall. The project is currently within a P (Public) District and within 200-R and 150-R Height and Bulk Districts. (A Public Hearing for a Planning Code Text, Map and General Plan Amendments for this site will be considered immediately before this hearing).

Preliminary Recommendation: Approval with Conditions

(Continued from Regular Meeting of July 24, 2003)

NOTE: On July 24, 2003, following public testimony, the Commission closed public hearing and passed a motion of Intent to Approve on by a vote of +5 -1. Commissioner Sue Lee voted no. Commissioner William Lee was absent. Final Language September 4, 2003.

SPEAKER(S): None

ACTION: Approved as

Add new condition no. 13, page 27, that would read:

In addition to the installation of Sidewalk Amenities on the sidewalks adjoining the Project Site, the Project Sponsor shall also be responsible for the installation of Sidewalk Amenities, including sidewalk widening if part of the approved plan, along the west side of Beale Street, between Folsom Street and Harrison Street, as well as in front of the USPS building on Harrison Street according to whatever Streetscape Controls are in effect at the point in time when the first addendum to the Site Permit is issued.

Renumber the conditions from 13 to 37 to 14 to 38 accordingly.

For conditions nos. 10, 11, 12 (as numbered prior to addition of new condition), pages 26 and 27, which describe the timing and under what condition the project sponsor would be required to implement sidewalk widening, change the requirement that the project sponsor apply for a Permit to widen the sidewalks from:

prior to or concurrently with the filing of the site permit application

to

as soon as the Planning Department determines that the sidewalks in question should be widened.

For Conditions numbered 10, 11, and 12 (as numbered prior to addition of new condition), pages 26 and 27, which describe the timing and under what condition the project sponsor would be required to implement sidewalk widening, change the requirement that the project sponsor implement sidewalk widening from:

prior to the issuance of the final addendum to the site permit

to

the issuance of the site permit for the project or twelve months from the date of this approval, whichever is later.

Revise Condition of Approval 23, p. 29, to read as follows:

Family Size Units. In order to provide better housing opportunities for families, the project sponsor shall maximize the percentage of two and three bedroom units in the project to the extent commercially reasonable based on the Sponsor's evaluation of the anticipated market demand for such units, with the goal that at least 30% of the units be two or three bedrooms (or larger). In conjunction with submittal of the site permit application, the project sponsor shall advise the Planning Director of the basis for the final unit mix; this information shall be part of the informational presentation to be made to the Commission with regard to final design.

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

NAYES: Feldstein and S. Lee

MOTION: 16647

12c. 2000.1090C (M. SNYDER: (415) 558-6891)

300 SPEAR STREET - the northern half of the block bounded by Folsom Street to the north, Spear Street to the east, Harrison Street to the south, and Main Street to the west, Lot 1 in Assessor's Block 3745 - Request for (1) conditional use authorization pursuant to Planning Code Section 303 and 253 to allow construction of a building taller than 40 feet in an R (Residential) District; and (2) an exception under Section 271 of the Planning Code to permit the project to exceed the maximum plan length. The proposed project would consist of up to 820 residential units in about 910,000 gross square feet, about 35,000 gross square feet of retail space, and up to 890 underground parking spaces. The Project would include two residential high-rises with overall heights of approximately 400 and 350 feet; and two lower buildings with an overall height of 85 feet. The project is currently within a P (Public) District and within 200-R and 105-R Height and Bulk Districts. (A Public Hearing for a Planning Code Text, Map and General Plan Amendments for this site will be considered immediately before this hearing)

Preliminary Recommendation: Approval with Conditions

(Continued from Regular Meeting of July 24, 2003)

NOTE: On July 24, 2003, the Commission passed a motion of Intent to Approve on by a vote of +5 -1. Commissioner Sue Lee voted no. Commissioner William Lee was absent. Final Language September 4, 2003.

SPEAKER(S): None

ACTION: Approved as Amended (Pedestrian Access): For each Condition numbered 10 and 11(pp. 2-3), which describe the timing and under what condition the project sponsor would be required to implement sidewalk widening, change the requirement that the project sponsor apply for a Permit to widen the sidewalks from:

prior to or concurrently with the filing of the site permit application

to

as soon as the Planning Department determines that the sidewalks in question should be widened.

For Conditions numbered 10 and 11 (pp. 2-3), which describe the timing and under what condition the project sponsor would be required to implement sidewalk widening, change the requirement that the project sponsor implement sidewalk widening from:

prior to the issuance of the final addendum to the site permit

to

the issuance of the site permit for the project or twelve months from the date of this approval, whichever is later

For Condition no. 12, change the second sentence to read:

In addition, if the City determines that the sidewalk along the Spear Street side of the Project should not be widened, but by the time of issuance of the Site Permit the relevant City agencies instead approve the widening of the sidewalk on the east side of Spear Street (i.e. Hills Plaza side), or any combination of sidewalk improvements on either side of the street, including sidewalk widening if part of the approved plan, the Sponsor shall be responsible for the installation of the Sidewalk Amenities, if part of the approved plan on the east side of Spear Street opposite block 3745.

Change the description of the retail component of the project under finding no. 4 to read as follows:

Retail. The Project will include approximately 29,000 to 35,000 gsf of retail space, the largest being 30,350 gsf fronting Folsom Street and Main Street, along with either four smaller retail spaces, and/or the inclusion of 5 ground floor units with street level entries that could be used for either pure residential or residential/commercial purposes.

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

NAYES: Feldstein and S. Lee

MOTION: 16648

13. 2003.0207C (R. CRAWFORD: (415) 558-6358)

1509 TARAVAL STREET - between 25th and 26th Avenues, Assessor's Block 2400 Lot 043 - Request under Planning Code Section 161.(j) for Conditional Use Approval for a reduction of three off-street parking spaces required for dwellings for a Project with ground floor commercial and three dwelling units. This project lies within an NC-2 Small Scale Neighborhood Commercial District and within the 40-X Height and Bulk District.

Preliminary Recommendation: Approval with Conditions.

NOTE: On July 10, 2003, the Commission closed the public hearing and passed a motion of intent to disapprove by a vote of +5-2 (Commissioners Bradford Bell and Feldstein voted No). Final Language scheduled for July 24, 2003. On July 24, 2003, this item was continued to August 21, 2003.

On August 21, 2003, the Commission took two actions: 1) a motion of intent to disapprove by a vote of +2-2; Commissioners Bradford Bell and Boyd voted No, the motion failed; and 2) a motion to continue the matter to September 4, 2003 by a vote of +4-0. Commissioners Feldstein, Hughes and Sue Lee were absent.

SPEAKER(S): None

ACTION: Disapproved

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

NAYES: Bradford Bell, Boyd and Feldstein

MOTION: 16649

F. REGULAR CALENDAR

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

RECORD RETENTION POLICY - Pursuant to Chapter 8 of the San Francisco Administrative Code, the Planning Commission is requested to consider for adoption the proposed Records Retention Policies and Schedules.

SPEAKER(S): None

ACTION: Without hearing, item continued to September 18, 2003

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

15. 2002.0207C (R. CRAWFORD: (415) 558-6358)

5894 - 5898 MISSION STREET - at Huron Street and Sickles Avenue, Assessor's Block 7143 Lot 033 - Request for Conditional Use Authorization under, Planning Code Section 178(c) for enlargement of a gas station with a convenience store open 24 hours a day; and Planning Code Section 229(b) to allow beer and wine sales at a gas station in an NC-2 (Small Scale Neighborhood Commercial District) and a 40-X Height and Bulk District.

Preliminary Recommendation: Approval with Conditions to not allow beer and wine sales among other things.

NOTE: On May 22, 2003, following public testimony the Commission closed the public hearing and continued this matter to June 26, 2003 with instructions to the project sponsor to: 1) go back and look at the site plans more closely regarding the placement of store on the lot; 2) start construction within three years or the conditional use will expire; 3) no 24 hour use; 4) no alcohol sales; 5) project sponsor to work with community. One June 26, 2003 this matter was continued to August 28, 2003. One August 28, 2003 this matter was continued to September 4, 2003. The public hearing is open only if new information is presented for Commission consideration.

SPEAKER(S):

(+) Craig Yamasaki - Project Sponsor

- He went to the association meetings.

- He added various new amenities to the project after really listening to the neighbors.

- He is not very happy with many of the things that went on previously with this project.

(+) Steve Currier - Outer Mission Residents Association

- The association has done a very good job in coming to an agreement with the project sponsor of this project.

- There is a letter which states the agreement with the Police Department regarding the non sale of beer and wine and the 24-hour operation of the pumps.

(+) K.T. Wickerham - ARCO VP

- He is happy that they were able to work so close with the homeowners and is satisfied with coming to an agreement with the issues they had.

- This project will have half the normal size of the regular stores in their gas stations.

- There are also two other applications for beer and wine that they have withdrawn from their other gas stations.

(+) Raymond Rivera

- They have come to a compromise and now approve the project. They have worked very hard, but it has been worthwhile.

(+) Alex Morillo

- He did work on a lot of issues and there was a lot of "arm twisting" but they did come to an agreement.

- He hopes that the project sponsor sticks to what they said.

ACTION: Approved as Amended:

1. Prior to the issuance of the Building Permit for the Project the Zoning Administrator shall approve and order the recordation of a notice in the Official Records of the Recorder of the City and County of San Francisco for the premises (Assessor's Block 7143, Lot 033), which notice shall state that construction has been authorized by and is subject to the conditions of this Motion. From time to time after the recordation of such notice, at the request of the Project Sponsor, the Zoning Administrator shall affirm in writing the extent to which the conditions of this Motion have been satisfied.

2. Trash and recycling receptacles shall be stored inside a fully enclosed building except they may be placed outside of such building for pick up and removal of the trash or recyclable materials.

3. No sales of alcoholic beverages, including beer and wine, shall be permitted form the property.

4. The Project site and the improvements and landscaping thereon shall be maintained in a neat and attractive manner.

5. The property owner shall maintain the main entrance to the building and all sidewalks abutting the subject property in a clean condition. Such maintenance shall include, at a minimum, daily litter pickup and disposal, and washing or steam cleaning of the main entrance and abutting sidewalks at least once each week.

6. Lighting for the Project shall be directed down onto the property and designed so that lighting from the property shall not effect residential dwellings in the area, nor unduly light the night sky.

7. A final landscaping plan for the Project shall be submitted and approved by the Planning Department.

8. Required street trees shall be included along all street frontages and shall be indicated on the landscaping plan for the Project.

9. The station operator shall regularly police the property to prevent loitering, littering, debris build up, graffiti, alcohol consumption and drug use, and shall install recycling and waste receptacles by the Project building for use by Project patrons.

10. Windows and doors shall be kept a minimum of 75% clear of advertisement and other materials so a passing Police Officer can see inside without obstruction.

11. The Project will comply with all mitigation Measures recommended in the Mitigated Negative Declaration.

12. If there is a lapse of this use for a period of three or more years, this authorization shall become null and void and the use of the Project site shall revert to a use that is principally permitted in the NC-2, Small Scale Neighborhood Commercial, district.

13. The Project Sponsor shall appoint a community liaison officer to deal with issues of concern to neighbors related to the operation of this Project. The name and telephone number of the community liaison officer shall be reported to the Zoning Administrator for reference.

14. The hours of operation of the Project shall be limited as follows:

a. Motor fuel sales may be conducted on a 24 hour basis,

b. The convenience store may be open to the public between
6 a.m. and midnight,

c. Between the hours of midnight and 6 a.m. sales of convenience store goods and payment for motor fuels may only be by means of a pass through window. Only employees of the station operator shall be allowed in the building between midnight and 6 a.m.

15. The convenience store building shall be setback 7 feet from Huron Street and the setback area shall be heavily landscaping including plant materials on trellises at the rear of the building to screen the building from neighbors across Huron Street.

16. The canopy over the pump islands shall not exceed a height of 17 feet 3 inches.

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

MOTION: 16650

16. 2002.0913C (G. NELSON: (415) 558-6257)

2001 UNION STREET - southwest corner at the intersection of Union and Buchanan Streets; Lot 024 in Assessor's Block 0541 - Request for Conditional Use authorization pursuant to Section 725.83, of the Planning Code to install six (6) cellular antennas and five (5) related equipment cabinets on the roof of the Union Street Plaza Building, as part of Sprint PCS' telecommunications network within the Union Street Neighborhood Commercial District and a 40-X Height and Bulk District. The proposed antennas would be flush mounted to an existing rooftop penthouse, and the related equipment would be housed in a new mechanical penthouse that would be partially visible from the street below. The site is considered a Preference 2 under the City & County of San Francisco's Wireless Telecommunications Services (WTS) Facilities Siting Guidelines, as it is a "co-location" site. However, due to a prior Planning Commission action and approved Motion No. 16084 for case no 2000.0385C the site had been deemed a Preference 6. The Planning Commission will consider under which Preference (2 or 6) to review the application. Sprint has also modified the location of the proposed rooftop mechanical penthouse from their original proposal.

Preliminary Recommendation: Approval with Conditions

(Continued from regular meeting of August 28, 2003)

SPEAKER(S):

(+) Jennifer Estes - Project Sponsor - Representing Sprint

- This application complies with the WTS Facilities Siting Guidelines and the San Francisco Municipal Code.

- The antennas will operate below 1,000 times the FCC Radio Frequency Emissions Standards.

- They first located a preference 6 location across the street. This application was withdrawn and now this location is a preference 2.

- Sprint contends that this is the best candidate in this area.

- This site is needed by Sprint.

- The equipment will not block views to the residents.

ACTION: Approved

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

MOTION: 16652

17. 2002.1021C (G. CABREROS: (415) 558-6169)

2525 CALIFORNIA STREET - south side, between Steiner and Pierce Streets, Lot 032 in Assessor's Block 0655 - Request for Conditional Use Authorization under Planning Code Section 718.11 for a development with a lot size exceeding 5,000 square feet in area. The proposal is to demolish the existing one-story commercial building and construct a four-story building with up to 16 dwelling units on the three upper stories, up to 4,999 square feet of retail space (Other Retail Sales and Services per Planning Code Section 790.102) on the ground floor, and up to 24 parking spaces in a basement garage, within the Upper Fillmore Neighborhood Commercial District and a 40-X Height and Bulk District.

Preliminary Recommendation: Approval with conditions

(Continued from Regular Meeting of August 28, 2003)

SPEAKER(S):

(+) Bruce Bowman - Presenting Project Sponsor

- This is a code complying project.

- The reason this is before the Commission is because of the size of the lot.

- The new construction will have parking, residential units, and retail.

- He displayed a rendering of the façade of the project. The design will meet the style of the adjacent buildings.

- This building has less height than the adjacent building.

- The project sponsor has had meetings with the neighborhood associations.

(+) Tom McDonough

- This is a very beautifully designed building.

- This project will allow family units. It is a very good project.

ACTION: Approved with Amendments:

1) land use section in the conditions of approval should state that there will be a 16 unit building;

2) three years instead of two yeas;

3) property line windows shall not impede development of adjacent lot.

4) site shall provide one parking space for car share

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

MOTION: 16653

Item 18 was taken out of order and followed item 15.

18. 2003.0278C (M. SMITH: (415) 558-6322)

5810 MISSION STREET - north side of the street between Lawrence and Sickles Avenues, Lots 039, 042, and 049 in Assessor's Block 7143 - Request for Conditional Use Authorization pursuant to Planning Code Sections 303 and 304 to allow the amendment of Motion No. 13347 to amend the Planned Unit Development authorization to allow for the conversion of three Below Market Rate (BMR) rental apartments into three (BMR) dwelling units for sale for owner occupancy. The conversion would affect units #202, #205, and #303 in the building, located in a NC-2 (Small-Scale Neighborhood Commercial District) and 40-X Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

(Continued from Regular meeting of August 21, 2003)

SPEAKER(S):

(+) Alice Barkley - Representing Project Sponsor

- This building is not technically a condo conversion.

- The project sponsor has sold all of the units to first time homebuyers.

- These builders are not making a tremendous profit on this project because the units are affordable.

- There are many people in this City who need these type of units.

(+) Joe LaTorre - Mayor's Office of Housing

- He concurs with the presentation provided by staff.

(+) Tom McDonough

- This is an incredible deal and he hopes that the Commission will approve this project.

ACTION: Approved as Amended: Affordability restrictions shall commence upon the close of escrow for each affected unit.

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

MOTION: 16651

19. 2002.0896C (B. FU: (415) 558-6613)

436 CLEMENTINA STREET - north side, between 5th and 6th Streets, Lot 062 in Assessor's Block 3732 - Request for Conditional Use (CU) authorization under Planning Code Section 263.11 to allow Special Height Exceptions within the South of Market Residential Service District (RSD) with a 40-X/85-B Height and Bulk Designation. The original proposal was to demolish the existing one-story, 5,000 square-foot warehouse and to construct 28 residential units over a ground floor commercial space and ten off-street parking spaces within a new 75-foot high, eight-story structure. The new proposal still would demolish the existing one-story, 5,000 square-foot warehouse but would constructs 23 residential units over a ground floor commercial space, and nine off-street parking spaces within a new 66-foot high, seven-story structure.

Preliminary Recommendation: Approval with conditions

(Continued from Regular Meeting of July 10, 2003)

NOTE: Although a public hearing was held on February 13, 2003, public comment remains open.

SPEAKER(S):

(+) Alice Barkley - Representing Project Sponsor

- The massing of the building has been reduced.

- This site is appropriate for a transit first site.

- This project has been designed taking into consideration all of the City's policies.

- This project is in compliance with the South of Market Plan.

- The project sponsor and architect have tried to address the concerns the Commission expressed in February.

-

(+) Pablo D. Tisker

- As supply and demand goes, it is important to provide housing.

- He is in favor of the project.

(+) John Hentz - Mission National Bank

- He is in support of this project.

- The developer is responsible and has met all the requirements from the Planning Department.

- This project will provide much needed housing.

(+) Candice Macario

- She recently graduated from college and it is difficult for her to find housing.

- She is in support of the project because it will provide an opportunity for people like herself to have housing.

(+) Theresa Sedell

- She is in support of this project because it is an appropriate site for this type of project.

(-) John Elberling

- He has been working with the Planning Department for many years on projects in the South of Market area.

- This is the wrong project, in the wrong time, in the wrong place.

- Alleyways cannot be turned over to 7 or more story buildings.

- How the Commission will decide on this project will be a very important precedent.

(-) Laura Weil - Tehama Street Neighborhood Association

- There have been numerous meetings with the project sponsor.

- Yet this project is terrible for this site. It will take away all of her sunlight.

- Everyone who is opposed to this project lives on that street.

- She submitted a petition with over 100 signatures of people who are opposed to this project.

- She displayed photographs of Clementina Street and how cars often block traffic.

- This project is out of scale for this neighborhood

(-) David Bushnell - Four-Fifty Clementina

- He is opposed to this project.

- The neighborhood and surrounding South of Market areas are composed primarily of 20 to 40 foot high residential, commercial, mixed use and loft buildings. This project will exceed this height.

- Small-scale neighborhoods contribute to the identity of SOMA and should be enhanced to make better neighborhoods, not destroyed by inappropriately scaled developments.

- This project is a real disaster and it should be turned down.

(-) Brian Wallace

- He lives in this neighborhood and it is a great neighborhood.

- He is opposed to this project because the scale of the project is too large.

- This is a very tiny and narrow street and this project does not belong there.

(-) David Klein

- He lives in Daly City.

- He is concerned about the property values in the area where the project is being proposed.

- This project will block the light and views of the adjacent buildings.

- He read a letter from a resident of the area who is opposed to the project.

(-) Jason Born - SOMA West Interactive Neighborhood Group

- He is opposed to this project.

- He is disappointed that the developers did not sufficiently respond to community-based input.

- This project fell short of being successful because it failed to connect with the Folsom Street corridors' concerns and long-term goals.

(-) David Wallace

- He is opposed to this project.

- He submitted a letter from a member of the public who is opposed to this project.

- Clementina is not a very wide street so this project will cause a lot of problems.

(+) Leonard Lee

- He lives in San Francisco and hopes to one day own property.

- He is in favor of any project that will provide housing.

- He urges the Commission to approve this project.

(+) Robin Hager

- He has seen this City go from affordable to not affordable.

- He is in favor of the project.

- He likes the design as well.

(+) Bonnie Higgins

- She likes the idea of the building.

- This project will provide housing and that is always a plus.

(+) Raul Araiza - Project Sponsor

- A previous speaker read a letter from a member of the public who supposedly is against this project but the letter did not state the entire truth.

- There were more speakers here to talk about the project but they had to leave because of the earthquake.

ACTION: Approved as Amended: 1) Eliminate the top floor. The affordable units and off-street parking will be reduced accordingly; 2) unbundled the parking; and 3) don't limit the parking to market rate units.

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

NAYES: Feldstein and S. Lee

MOTION: 16654

20. 2003.0727C (K. McGEE: (415) 558-6367)

498 - 6TH STREET - south side between Bryant and Harrison Streets; Lot 11, in Assessor's Block 3759 - Request for Conditional Use authorization to establish an assembly and social service use (San Francisco Police Officers Association) in an SLI (Service/Light Industrial) Zoning District, in a 50-X Height and Bulk District, and in the Industrial Protection Zone, per Planning Code Section 817.21 and 890.50(a).

Preliminary Recommendation: Approval with conditions.

SPEAKER(S):

(+) David Silverman - Representing Project Sponsor

- This type of use will be very desirable for this building.

- The primary use will be for a meeting hall.

- The project site is ideal for its intended use because of its close proximity to the Hall of Justice.

- He urges the Commission to approve the application.

ACTION: Approved

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

MOTION: 16655

21. 2003.0796C (M. LI: (415) 558-6396)

1501-1503 GRANT AVENUE (A.K.A. 500-510 UNION STREET), northwest corner at Union Street, Lot 007 in Assessor's Block 0103 - Request for conditional use authorization to establish a full-service restaurant (dba El Raigon) exceeding 2,000 square feet but less than 4,000 square feet in a vacant commercial space. There will be no physical expansion of the existing building. The site is located within the North Beach Neighborhood Commercial District and a 40-X Height and Bulk District.

Preliminary Recommendation: Approval with conditions

SPEAKER(S):

(+) Will Harris - Project Sponsor

- He has received approval from the Hispanic Chamber of Commerce as well as the San Francisco Chamber of Commerce.

- This will be an Argentinean restaurant.

ACTION: Approved as amended: The Project Sponsor shall appoint a Community Liaison to address issues and matters of concern to nearby residents or commercial lessees. This liaison or designated representative shall be available at the establishment at all times during business hours. The Project Sponsor shall report the name and telephone number of this liaison to the Zoning Administrator for reference.

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

MOTION: 16656

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))

Kirk Scott

Re: Discretionary Reviews

- He is not a developer but he has been stuck in the Discretionary Review process as well as the Board of Permit Appeals process for two years trying to get a building permit.

- It is a very simple project. The previous Planning Commission modified the project but the neighbors were not satisfied with that result and they brought him before the current Planning Commission and now to the Board of Permit Appeals.

- Any kind of delay costs thousands of dollars. This has been very disruptive to his family.

- He had made all sorts of plans but has not been able to see them through.

- It is getting to the point that he will have to accept the changes his neighbors want.

- He feels that he has been put on trial three times for a simple building permit.

- He wanted to expose these comments and concerns to the Commission before discussing Discretionary Review reforms next week.

Adjournment: 8:56 p.m. in memory of Robert McDonald.

THESE MINUTES ARE PROPOSED FOR ADOPTION AT THE REGULAR MEETING OF THE PLANNING COMMISSION ON THURSDAY, SEPTEMBER 25, 2003.

SPEAKERS: None

ACTION: Approved

AYES: Antonini, Bradford Bell, Boyd, Feldstein, Hughes, S. Lee

ABSENT: W. Lee