September 18, 2003

SAN FRANCISCO
PLANNING COMMISSION

Meeting Minutes

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

Thursday, September 18, 2003
1:30 PM

Regular Meeting

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

COMMISSIONERS ABSENT: Edgar E. Boyd

THE MEETING WAS CALLED TO ORDER BY PRESIDENT BRADFORD BELL AT 2:08 p.m.

STAFF IN ATTENDANCE: Larry Badiner - Acting Director of Planning; Jim Nixon - Acting Zoning Administrator; Judy Boyajian - Deputy City Attorney; Amit Ghosh; Delvin Washington; Craig Nikitas; Kelley Amdur; Adam Light; Matt Snyder; Rick Crawford; Dan Sirois; Jim Miller; Patricia Gerber; 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. 2003.0253D (G. NELSON: (415) 558-6257)

5126-5130 ANZA STREET - south side between 42^nd and 43^rd Avenue; lot 016 in Assessor's Block 1502 - Mandatory Discretionary Review, under the Planning Commission's policy requiring review of all residential demolitions, of Demolition Permit Application No. 2001.03.07.3684, proposing the demolition of a two-story two-family dwelling, in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District. There is a related proposal to construct a new, four-story two-family dwelling with two off-street parking spaces.

Preliminary Recommendation: Pending

(Continued from Regular Meeting of June 19, 2003)

(Proposed for Continuance to September 25, 2003)

SPEAKER(S): None

ACTION: Without hearing, item continued indefinitely.

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

ABSENT: Boyd

2. 2003.0183D (G. NELSON: (415) 558-6257)

2477-2479 SUTTER STREET - south side between Broderick and Divisadero Streets; lot 022 in Assessor's Block 1076 - Mandatory Discretionary Review, under the Planning Commission's policy requiring review of all residential demolitions of Demolition Permit Application No. 2002.08.13.3876, proposing the demolition of a two-story two-family dwelling within an RM-1 (Residential, Mixed, Low-Density) District and a 40-X Height and Bulk District. There is a related proposal to construct a new, four-story three-family dwelling with three off-street parking spaces.

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

(Continued from Regular Meeting of July 17, 2003)

(Proposed for Continuance to September 25, 2003)

SPEAKER(S): None

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

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

ABSENT: Boyd

3. 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 to allow a use size of greater than 3,999 square feet on a lot that exceeds 9,999 square feet, pursuant to Planning Code Sections 121.2 and 121.1. The proposal is to construct 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 (proposed for demolition), 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

(Continued from Regular Meeting of September 4, 2003)

(Proposed for Continuance to November 6, 2003)

Lin Kim Lennie Lee

- She owns the adjacent property as well.

- She favors the variance to have Safeway enlarged.

- The neighborhood has changed and grown so it would appropriate for Safeway to expand.

- She requested that this item be heard today.

SPEAKER(S): None

ACTION: Without hearing, item continued to November 6, 2003.

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

ABSENT: Boyd

4. 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 November 6, 2003)

SPEAKER(S): None

ACTION: Without hearing, item continued to November 6, 2003.

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

ABSENT: Boyd

5. 2003.0277E (N. TURRELL: (415) 558-5994)

1725 WASHINGTON STREET - Assessor's Block 0619, Lot 015 - Appeal of a Preliminary Mitigated Negative Declaration. The 6,384-square-foot project site is located at 1725 Washington Street, between Polk Street and Van Ness Avenue in the lower Nob Hill neighborhood. The proposed project would involve the demolition of an approximately 11,435-gross-square-foot (gsf) 23-foot tall vacant church building (formerly the Lutheran Church of the Holy Spirit), and construction of an approximately 24,841-gsf, five-story, 50-foot-tall residential building containing 16 units and 16 off-street parking spaces. Pedestrian and vehicular access to the proposed residential building would be from Washington Street. The site is in the Polk Street Neighborhood Commercial District, and is in a 65-A height and bulk district.

Preliminary Recommendation: Uphold Preliminary Mitigated Negative Declaration

(Proposed for Continuance to November 13, 2003)

SPEAKER(S): None

ACTION: Without hearing, item continued to November 13, 2003.

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

ABSENT: Boyd

B. COMMISSIONERS' QUESTIONS AND MATTERS

6. Consideration of Adoption - June 12 and 19, 2003 (Continued from Regular Meeting
of September 11, 2003); July 31, 2003 and August 21, 2003

Minutes of June 12, 2003:

SPEAKER(S): None

ACTION: Approved

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

ABSENT: Boyd

EXCUSED: Hughes

Minutes of June 19, 2003:

SPEAKER(S): None

ACTION: Approved

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

ABSENT: Boyd

EXCUSED: W. Lee

Minutes of July 31, 2003:

SPEAKER(S): None

ACTION: Approved

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

ABSENT: Boyd

EXCUSED: Bradford Bell

Minutes of August 21, 2003:

SPEAKER(S): None

ACTION: Minutes continued to September 25, 2003 because of a lack of quorum of Commissioners who attended the meeting to take action.

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

ABSENT: Boyd

7. Commission Comments/Questions

Commissioner Feldstein:

Re: Information to the Commission

- Informed the public that if they provide documents less than a week before the hearing they cannot expect Commissioners to have reviewed their material or to have a reasonable response to it.

- She announced that she received items this week on two projects that she has not actually seen.

Re: Work Plan

- This item is scheduled for next week and there is some confusion about what the Commission is looking for.

- She is asking for something more detailed than just the little pamphlet she received form the Department.

- She hopes that a discussion can be scheduled that states what the Department is trying to accomplish and what specific actions are being taken in this regard.

Commissioner Bradford Bell:

Re: Work Plan

- Staff should be able to follow up on this.

- The budget impacts need to be looked at. There was a very detailed work plan presented to the Land Use Committee that prioritized projects--but this was before the budget cuts and impacts.

- Staff is bringing this back in some form that gives detail in terms of priority and a little background as Commissioner Feldstein has just requested.

Acting Zoning Administrator Responded to Commissioner Feldstein:

- The document has been prepared for the review of the Commission next week (9/25/03).

- If it is not as complete as the Commission wants, staff will be present at the hearing to answer any questions Commissioners might have.

Commissioner Antonini:

Re: Golden Gateway

- He met with people who live in the area and are concerned about a future project that will develop a recreational area as part of the Golden Gateway.

- He made comments that were his own and not representative of the Commission as a whole.

Commissioner Bill Lee:

Re: Work Plan

- Regarding Commissioner Feldstein's request: each department is required to submit to the Mayor's Office and the Controller's Office on October 1, performance measures and a customer service plan as required by Charter. The Charter also requires that a strategic plan be submitted.

- He assumes that the Commission will receive copies of this information.

- He also assumes that if the fee increases don't go through (the 1.2 million), staff will break this down and show which plans will not be able to be implemented in this year's work plan.

Acting Zoning Administrator Responded to Commissioner Bill Lee's Comment:

- If we do not receive all of the money, the Commission will receive information on what we can do with the money the department does receive.

C. DIRECTOR'S REPORT

8. Director's Announcements

Re: Housing Element

Amit Ghosh from staff gave a status report on the compilation and distribution schedule of the document for the October 9, 2003 hearing on the Housing Element:

- The last hearing on the Housing Element was at the end of July where public comment was received.

- On the 25^th of August, Commissioners presented their comments to staff.

- Today, September 18, 2003, there are two documents that will be released. The first document contains staff's response to Planning Commissioner's comments on the February and July draft of the Housing Element. This document repeats written comments verbatim, discusses them, and then suggests changes which could be incorporated into the final draft of the Housing Element; The second is the fourth draft of the Housing Element and it incorporates the changes that staff would recommend to the Commission as a response to their comments and all the public comment which has been received so far.

Marilyn Amini

- She did get a copy of the new release about one hour ago.

- It is a tremendously large document and there are only three weeks before the hearing of the Housing Element.

- She urged the Commission to not close public comment.

- How will the Department notice the hearing on this document?

- Many commissioners asked that notice go out "piggy backed" in utility bills.

- She has received three statements (from utility companies) and there is no information about the Housing Element in them.

- This is a very important proposal going before the Commission and the public needs to know.

Edward Evans

- He requested that the draft materials be made available in alternative format for people with disabilities.

Chris Zelieg

- She requested that public comment be closed on the Housing Element because it needs to move forward and it should be approved by November 6, 2003.

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

BOS:

BOS Hearing of September 16,2003:

2026 Lombard Street:

This was an appeal of a Negative Declaration and Conditional Use Authorization.

The Commission approved this project on June 12, 2003 with a vote of +6-0 (Commissioner Hughes was absent)

- The proposal is to demolish an existing 30 room, 8,630 square foot tourist motel and to construct a 97 room hotel with 78 off-street parking spaces.

- Mr. Paul Maltzer and Ms. Rhana Ahmadi of the MEA staff represented the appeal of the Negative Declaration.

- After a lengthy hearing, the Board voted +7-3 to uphold the Negative Declaration (Supervisors Daly, Gonzalez, and McGoldrick voted No); Supervisor Newsom was recused because of a conflict of interest.

- On the appeal of the Commission's Conditional Use Authorization, the Board voted to amend the project by increasing the setback on the rear building of the new hotel by an additional 10 feet on the 3^rd floor, and 20 additional feet on the 4^th floor.

- The Board voted +8-2 to approve the project with amendments (Supervisors Ma and Sandoval voted No), and Supervisor Newsom was recused.

- The project was also amended dealing with the geotechnical elements that were agreed to by the project sponsor. The amended project was approved on a +9-1 vote (Supervisor Ma voted No) and Supervisor Newsom was again recused.

Appeal of the EIR for the Golden Gate Concourse

The Board voted +8-3 (Supervisors Amiano, Daly and Gonzalez voted No) to affirm this Commission's certification of the Final Environmental Impact Report for the Golden Gate Park Concourse Authority projects. Stephen Willis of Save Golden Gate Park and the Alliance filed the appeal for Golden Gate Park.

378 10^th Avenue (aka 389 9^th Avenue and/or 4500 Geary Boulevard

The Board held a lengthy hearing of this Commission's Conditional Use Authorization to place six cellular antennas on this preference 1 location site.

- This was approved +5-1 on July 17, 2003 by this Commission. The Board overturned the Commission's authorization unanimously on a +9-0 vote (Supervisors Sandoval and Newsom were absent).

301 Mission Street EIR Appeal

The Board voted +6-0 (Maxwell, Gonzalez and Amiano dissenting), Supervisor Newsom and Sandoval were absent) to affirm this Commission's certification of the Final Environmental Impact Report for the 301 Mission Street Project). The appeal was filed by Sue Hestor on behalf of the Rincon Hill Residents' Association.

BOA:

Re: 330 25^th Avenue - staff presented the case to the Board and clarified the Commission's action. The BOA approved the Commission's decision.

Re: 290 Beacon Street - Discretionary Review. The Board added new conditions requiring minimum building code standards for light and air.

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.

None

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

10. 2002.0277C (A. LIGHT: (415) 558-6254)

150 GOLDEN GATE AVENUE - north side between Jones and Leavenworth Streets, in Assessor's Block 344, Lot 4. Request for a Conditional Use authorization to construct a building exceeding 40 feet in height in an R (Residential) District, to determine an appropriate setback at the top portion of the front of the façade of the proposed building, and to allow an Institutional Use in an RC (Residential Commercial Combined) District. The subject property is zoned RC-4 (Residential-Commercial, Combined, High Density) District, is in the North of Market Special Use District, and is in an 80-120-T Height and Bulk District. The proposal is to demolish an existing four-story, approximately 88-foot high vacant building originally used as a lodge building for the Knights of Columbus, and most recently as office space. The existing building would be replaced with a new five-story, approximately 78'-0" high building that would house administrative and some on-site service functions of the St. Anthony Foundation which provides a variety of services to homeless and other disadvantaged individuals. The proposed facility at 150 Golden Gate would function as part of a larger campus of St. Anthony's and would specifically provide space for administrative offices, counseling, health and job training services, and, temporarily, some dining services, until a new dining and residential structure could be constructed across the street.

Preliminary Recommendation: Approval with Conditions

(Continued from Regular Meeting of September 11, 2003)

NOTE: On May 1, 2003, following public testimony, the Commission closed public hearing and continued this item to July 17, 2003 allowing the project sponsor to continue to work with the community by a vote of +7-0.

SPEAKER(S):

(+) David Villalobos

- He has seen great efforts made to enhance the cleanliness of the location.

- Some of the issues that he had regarding homeless encampments, loitering, etc are no longer there at all.

- The sidewalks have been cleaned.

- The problems in the area are more of a community issue.

- There is more dialogue now with the community.

- Everyone should work together.

- He now supports this project and urges the Commission to approve it.

(-) Edward Evans - Community Resources Action Project

- He is a community organizer in the Tenderloin

- He objects to St. Anthony giving money to an individual to change their vote.

- The negative element from the food service program is one of the main causes of the problems in the neighborhood.

- The food service for single males should be moved south of market.

- The food service for women, children and disabled should stay at this location.

- People have been assaulted near this project.

- A safe environment is necessary.

- Tourists should be able to come to this part of the City.

- It is important that St. Anthony listen to the requests of the public.

(-) David Baker

- He is a long-time Tenderloin activist.

- St. Anthony's project is terrible.

- The project proposes to further degrade the area.

- This is not a benign project. It will compound the problems in the area.

- He is not an alarmist. There are many people who do not support this project.

(-) Don Andreini - SF Architectural Heritage

- Heritage does not oppose this project.

- He is here to inform the Commission that the building received an "A" rating.

- The site is worthy of a Landmark designation.

- He requested that the commission give more time to discuss the preservation alternative.

(-) Maria Gordon

- St. Anthony has been at this location for many years and the problems in the area are not new.

- She is glad that St. Anthony is there but they cannot concentrate all of their services in just one area.

- They need to broaden their locations.

- She requested more time to discuss issues.

(+/-) Michael Nulty - Tenant Associations Coalition of San Francisco

- He is the coordinator of Tenant's Association Coalition.

- He lives in the Tenderloin.

- He requested a continuance to discuss the issues brought up during community meetings.

(+/-) Byron Yee

- He submitted letters stating the problems that he sees in the neighborhood.

- There are mattresses on the sidewalk on Jones Street with people lying there with bottles in their hand.

- It requires additional time and effort to keep the area clean and safe.

- He would like to have this item continued so that St. Anthony can prove that they can solve all the problems and issues.

(-) Elaine Zamora - 118 Jones Street - Property-Business Owner

- She lives on Jones Street.

- Although some discussion has taken place, there is more discussion that is needed.

(-) Lea Curry

- They are not politically savvy. They are just residents.

- They have tried to have dialogue but have been unsuccessful.

- They have received boilerplate information on the Conditions of Approval at the last minute.

- St. Anthony's mission can succeed but it has to be done intelligently.

(-) Ann Nguyen

- She has been living in the Tenderloin for 13 years.

- She knows what it is like to walk through the streets in this area.

- She is concerned that the makeup of the Tenderloin has changed dramatically since the dining hall has been there.

- Although she values the importance of the food being served, the food line can become very disruptive.

John Nulty - Preserving the Interior of Lofty Edifice

- He requested a continuance until community issues are addressed prior to offering Conditional Use.

- Stakeholders raised many of these issues in various community meetings.

- There are still many concerns over what good neighbor policies that are in place with the current operations at St. Anthony's.

(+) Rev. Glenda Hope - Network Ministries

- She is not a stranger to the problems in the Tenderloin, but to blame St. Anthony's is ridiculous.

- She has participated in many efforts to organize the community.

- The Tenderloin is one of the most fragmented neighborhoods in this City.

- She has worked with St. Anthony's for many years.

- St. Anthony represents the best interests of the people of San Francisco.

- She hopes that the Commission will approve this project today.

(+) Suheil Totah - Morrison and Forrester - representing St. Anthony's Foundation

- They requested that St. Anthony provide 60 hours of community services.

- He feels that St. Anthony's has provided this.

(+) Father John Hardin, OFM

- Half of the neighborhood guests declared themselves homeless.

- The number one issue was housing.

- 60 percent of people still experience hunger at least once a week.

- One of the suggestions is to move the males to another location. This is not feasible for St. Anthony's.

- St. Anthony's does not condone drug use, using sidewalks to urinate or defecate.

(+) Linda Pasquinucci - St. Anthony Foundation

- Several people in the neighborhood stated that they were not against this project.

- There are people who do not have a place to call their own.

- She hopes that what they have done satisfies the Commission and the project gets approved.

(+) Paula Lewis - Director of Operations - St. Anthony Foundation

- She requested that members of the public, sitting in the audience, stand up if here in support of this project.

- More than half of the people in the hearing room stood up.

- For the past five months she has been very closely with the Tenderloin community regarding this project.

- She submitted a record of all that has been done until recently to present their project to the community. It contains letters of support, signatures, etc.

- They have met with several community groups to discuss issues and this is also presented in the record submitted.

- She believes that their project will allow them to provide various needed services to the community.

(+) John Crskaville - Swords to Flowshares

- He supports this project.

- There are over 1,000 nonprofit social services agencies that save lives.

- St. Anthony's Foundation is one of them.

(+) Leslie Backo - San Francisco Food Bank

- The food bank has worked closely with St. Anthony's Foundation.

- They strongly support this project.

- Hunger impedes people from having happy and productive lives.

- She urges the Commission to approve this project.

(+) Calvin Gipson - Glide Memorial Church

- Glide Church has been a spiritual partner with St. Anthony's Foundation.

- The Tenderloin is one of the poorest areas in the city.

- The programs they provided reach out to many people.

- Glide stands with St. Anthony to help them with their mission.

(+) Ana Valdes - St. Anthony Foundation

- They are one of two free clinics in the area.

- With the new building, they will be able to increase their physical space and not have to turn away patients.

(+) Karsten Peters - St. Anthony Foundation

- He is a recovering alcoholic and drug user; he has been in food lines and has lived on the street.

- He now works for St. Anthony's Foundation. His life is a testimony to show how they help people.

(+) Kate Ward - De Marillac Middle School

- She is here to represent the de Marillac Middle School who supports this project.

- Many of the services that St. Anthony provides have been helpful to the school.

(+) Dick Hodgson - SF Community Clinic Consortium

- St. Anthony's has been a leader in this community for many years.

- There are seven million uninsured people who need free services.

- His organization strongly supports this project.

(+) Malachi Maddox - St. Anthony Foundation

- He was able to get his life back on track thanks to St. Anthony's Foundation.

- He is getting ready to get back into society and he is very thankful to God for the foundation.

(+) Marie Alice DuMabeiller - St. Anthony Foundation

- She is happy to be here today requesting that the Commission approve this project.

- She used to go to St. Anthony's when she did not have anything to eat.

- It is deplorable that there are people who are against this project.

- Thank God that there has been the Franciscan presence for so many years.

- She urged the Commission to approve this project.

(+) Mark Fisher - St. Anthony Foundation

- He has been on St. Anthony's staff for many years.

- Before St. Anthony, he had various jobs.

- He used to be a drug addict and an alcoholic. Now he is a clean and sober thanks to St. Anthony's Foundation.

- The advantage of the rehab program at St. Anthony's is that it works.

(+) Richard Beal - St. Anthony Foundation

- He is a St. Anthony's Foundation employee.

- He has been able to see many lives the foundation has helped.

- His own life is a miracle because at one point he was lying out on the ground in front of the Foundation.

- The foundation is a soul-searching organization.

(+) Friar Louis Vitalle - St. Boniface Church

- The street will get better by approving this project.

- The Franciscans started the Tenderloin Housing Association.

- St. Anthony's is a safety net, which there are not enough of.

- People say that St. Anthony's dining room should move to another neighborhood--everyone knows that this is impossible.

(+) James Wisner - St. Anthony Foundation

- He is a resident in the Tenderloin.

- He was in desperate need of help and found St. Anthony's Foundation. He owes his life to the Foundation because of their help.

- He urges the Commission to support St. Anthony's evolvement.

(+) Mike Ellinger - Central City SRO Collaborative

- He is currently a housing activist.

- He lives on a fixed income and goes to St. Anthony's dining room every single evening.

- Putting homeless people into a dark room so they will be out of site is not the solution to the problem.

- He is in favor of anything that will enhance the foundation.

(+) Carmen Barsody, OSF - Faithful Fools

- She is a Franciscan nun.

- She knows that the responsibility is not just St. Anthony's.

- Working together to address what troubles people the most is very important.

- Many of the people who are on the sidewalks do have SRO hotels, but many of the spaces are too small so they hang out on the sidewalk.

(+) Parisa Parsa - Faithful Fools Street Ministry/First Unitarian University Church of San Francisco

- She is in favor of having this project continued.

- There are many people who are just trying to survive.

- She hopes that people who live in the area will participate in organizations and committees to help improve the neighborhood.

(+) Cissie Bonini - St. Anthony Foundation

- It is everyone's responsibility to have a cleaner and safer neighborhood.

- She knows that there is a request to move the male guests of the foundation.

- 1 in 3 are veterans, and 7 out of 10 male guests are over 40 years old.

- St. Anthony's is a good neighbor.

(+) Shelly Roder - St. Boniface Neighborhood Center

- St. Boniface Church is in support of this project.

- She has become familiar with the services provided by the foundation.

- St. Anthony's foundation provides an extensive amount of services to the community.

(+) Mary Liz Harris - Volunteer - St. Anthony Foundation

- She lives in the Tenderloin and is a volunteer for the foundation.

- She supports this project.

- She has guided many people to go to the foundation that have received help.

(+) Brother Robert Brady - St. Boniface Church

- He displayed photographs of the foundation in the 1800s.

- He asks the support of the Commission to approve this project.

(+) Robert McCarthy

- He supports this project.

- The purpose of St. Anthony's is to help man.

- Even the generous government of San Francisco cannot provide for all the people who need help.

(+/-) Terrance Alan

- The people who have come to speak their opinion should not be considered as culprits.

- St. Anthony's has been there for more than 50 years and this project is not too much to ask.

- He feels that giving more time to this project in order to deal with the remaining issues will help the project out more.

(+) Davy Jones - Prostate Cancer Resource

- He thanked the staff of St. Anthony's project for reaching out to the community.

- He expressed his support for this project.

- The completed building will provide essential medical services for his clients at a time when there are service providers closing their doors because of a lack of funds.

- District 6, which is where this project is located, is one of the poorest.

- This project should be approved now.

(+) Craig Larson

- He owns the adjacent building.

- He supports this project.

- He feels that St. Anthony needs to make a commitment that all the conditions of approval will be respected and carried out.

- The new facilities will take the food line off the street.

- St. Anthony's should not begin construction until it receives all the necessary funding.

(+) Debra Stein

- She wants to comment on the issue that much of the Conditions of Approval are boilerplate.

- These Conditions are extraordinary good neighbor conditions.

- There has been good and effective dialog with members of the community.

- She urges the Commission to approve this project and continue to allow the good neighbor relations.

ACTION: Approved with Conditions as Amended: At the May 1, 2003 hearing, the Commission gave instructions for the project sponsor to work with neighborhood groups to come up with some reasonable conditions to mitigate some of the impacts generated directly from the operation of the proposed St. Anthony's temporary dining facilities at the project site. The project sponsor worked with staff and the neighborhood and developed 19 conditions of approval addressing specific operational impacts from the dining room facility. At today's hearing, the Planning Commission, at the recommendation of the Acting Director and Zoning Administrator, Jim Nixon, amended several of the conditions to do the following:

1) Extend the hours of operation from 10:00 a.m. to 2:30 p.m. to 10:00 a.m. to 3:30 p.m.

2) Simplify language on several of the conditions

3) Eliminate the portion of Finding No. 21 that referred to a need for City agencies to dedicate more resources to address neighborhood problems and issues in the Tenderloin.

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

ABSENT: Boyd

MOTION: 16658

11. 2002.1105C (T. TAM: (415) 558-6325)

4039 18TH STREET - south side, between Hartford and Noe Streets, Lot 81 in Assessor's Block 3583 - Request for a Conditional Use Authorization pursuant to Planning Code Sections 186, 715, and 151, to allow (1) conversion of an existing nonconforming large fast-food restaurant (Hot n' Hunky's) to a full-service restaurant, (2) demolition of an existing two-bedroom unit on the second floor, and (3) addition of one new dwelling unit without providing any off-street parking. The property is in the Castro Street Neighborhood Commercial District and a 40-X Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

(Continued from Regular Meeting of September 11, 2003)

NOTE: On August 28, 2003, following public testimony, the Commission closed the public hearing and entertained a motion of intent to approve the restaurant conversion, but not the residential conversion by a vote +4 -1. Commissioner William Lee voted no. Commissioners Feldstein and Sue Lee were absent. Final language September 11, 2003.

SPEAKER(S): None

ACTION: Without hearing, item continued to October 2, 2003.

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

ABSENT: Boyd

E. REGULAR CALENDAR

12. (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.

(Continued from Regular Meeting of September 4, 2003)

SPEAKER(S):

Marilyn Amini

- For historic and legal reasons, the records retention policy is very important.

- There were 13 items that were under long range planning that have been taken away.

- She is concerned because she does not want long range planning to "fall through the cracks."

- Records should be retained because this is a time of major changes for the City.

ACTION: Approved as Corrected: The Record Category for the following TYPE OF RECORD should be changed to Long Range Planning (Citywide Planning): Planning Information Counter Handouts; Master Plans; Master Plan Elements; Area Plan Drafts; Area Plan Adopted; Special Studies Drafts; Special Studies Adopted; Census & Demographic Information Products; Planning Department Publications; Analysis Files; Aerial Photos; Letters, Departmental Memos, Responses, General Correspondence.

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

ABSENT: Boyd

RESOLUTION: 16659

13. 2003.0932I (K. AMDUR: (415) 558-6351)

1145 & 1170 MARKET STREET - north and south sides, between 7th and 8th Streets, Lots 044 and 044A in Block 3702 and Lot 051 in Block 0351. Report to the Commission from the Zoning Administrator as required by Planning Code Section 304.5(c), that an Abbreviated Institutional Master Plan (IMP) has been filed by the Art Institute of California - San Francisco (AIC-SF). The AIC-SF currently occupies approximately 43,000 square feet on eight floors of the United Nations Plaza building at 1170 Market Street and is proposing to expand into approximately 10,000 square feet on the ninth floor of 1145 Market Street. The AIC-SF's total site area with 1145 and 1170 Market Street combined would be approximately 20,082 square feet (0.47 acre), which is less than, the 1-acre threshold for filing a Full Institutional Master Plan as set forth in Section 304.5. Pursuant to Section 304.5 the Commission may either hold or not hold a public hearing on the Abbreviated IMP, as the Commission may deem the public interest to require. This hearing, if held, would be for the receipt of public testimony only.

Preliminary recommendation: The Planning Commission Should Not Hold A Public Hearing.

SPEAKER(S): None

ACTION: The Commission determined not to hold a public hearing.

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

ABSENT: Boyd

14. 2003.0244C (M. SNYDER: (415) 558-6891)

2101 BLOCK OF BRYANT STREET & 2830 20TH STREET - (the site formerly referred to as Bryant Square), located on the block bounded by Bryant, 19th, York, and 20th Streets; Lots 60, 62, and 63 in Assessor's Block 4080 - Request for Conditional Use Authorization to allow [1] the construction of dwelling units in C-M (Heavy Commercial) and M-1 (Light Industrial) Districts pursuant to Planning Code Section 215(a), [2] an exception to Bulk Limits pursuant to Planning Code Section 271 and [3] a Planned Unit Development (PUD) pursuant to Planning Code Section 304 to modify Code Sections including (i) the dwelling unit density limits of Section 215, (ii) the rear yard requirements of Section 134, (iii) the dwelling unit exposure requirements of Section 140, and (iv) the usable open space requirements of Section 135. The subject property is within both a C-M and an M-1 Zoning District and a 65-B Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

(Continued from Regular Meeting of July 31, 2003)

SPEAKER(S):

(+) Robert McCarthy - McCarthy and Swartz - Representing Project Sponsor

- They met with all of the neighborhood associations to discuss this project.

- This project is being presented with improvements.

- He thanked staff for working on this project.

(+) Dan Kingsley - SES Investments

- He is very please to bring this project before the Commission.

- This project reflects a sincere intention to be responsive to the many issues and recommendations provided by the residents of the Mission.

- After staff reviewed their proposal, they had three open houses and invited over 800 neighbors.

- MAC has been very clear about their objectives and is supportive of this project.

(+) Luis Granados - Mission Economic Development Association

- This project has been in process for many years.

- When it was originally presented, it was the wrong project at the wrong time in the wrong location.

- This project is geared toward families. This is very important.

- The compromise is good. The Commission and the Department should see this as a model project of how, with dialogue, both residents and developers benefit.

- He would like to know how this project would be monitored and enforced.

(+) David Dempsey - North East Mission Residents

- They have no reservations about endorsing this project.

- Both the residents and the neighborhood endorse this project.

(+) Debra Stein

- She read a letter from California Lawyers for the Arts.

- Through this development, the mission of the Art House will provide affordable workspace for artists who were working in the building already.

(+) Kate White - Housing Action Coalition

- They endorse this project and hope that the Commission will also.

(+) Antonio Diaz - PODER/MAC

- They are in support of this project with the conditions outlined.

- The process, which they have engaged in, has been very fruitful.

- They support this project because it preserves PDR space on the site, it provides housing, it provides affordable units and includes a level of affordability, which is steeper than what is required from the Planning Code.

- This project has gone through great improvements.

(+) Eric Quezada - MAC

- The meetings have been very productive.

- Although there are still many differences in the neighborhood, this project addresses a lot of their issues as well as their opinions.

- He really appreciates the openness and frankness of the developers.

- This was a good opportunity to get creative.

(+) Stephanie Rosenfeld - Carpenters Union

- She is very happy to be here to support this project

- She urges the Commission to approve this project.

(+) Philip Lesser - President of the Mission Merchants Association

- His Board voted with very enthusiastic unity to approve this project.

- Many of their young business owners will be able to live close to their jobs.

ACTION: Approved with Conditions as Amended:

1. Add an additional condition to read: At least 3 of the 160 parking spaces shall be offered for exclusive use by City CarShare or similar car sharing organization for shared vehicle use, unless the Planning Department finds that car sharing is infeasible at this project.

2. Remove all references to the units being available for rent in all conditions of approval.

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

ABSENT: Boyd

MOTION: 16660

15. 2002.0447C (R. CRAWFORD: (415) 558-6358)

302 SILVER AVENUE (JEWISH HOME FOR THE AGED) - at Mission Street, Assessor's Block 5952 Lot 002 - Request for Conditional Use Authorization under, Planning Code Sections 157 and 209.3(c) for development of parking in excess of accessory amounts and to expand a Residential Care Facility. The Project will demolish a two story 24,000 square foot building and replace it with a 43,000 square foot building, and replace the existing 89 stall parking lot with a 189 stall, two level parking structure in an RH-2, Residential House, Two Family District and within the 50-X Height and Bulk District.

Preliminary Recommendation: Approval with Conditions.

SPEAKER(S):

(+) Daniel Rooth - Chief Executive Officer of the Jewish Home

- The home has grown in the past few years.

- The neighbors are in support of this project.

(+) Bob Herman - Project Architect

- The existing wing was built in 1923 and is outdated and structurally deficient.

- The proposal will remove the east wing and replace it with a new structure that will bring many benefits.

- The Planning staff has commended the design.

- The design will be compatible with the rest of the building and will not obstruct any views.

- The proposal will also increase the parking lot.

ACTION: Approved

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

ABSENT: Boyd

MOTION: 16661

16. 2003.0653C (R. CRAWFORD: (415) 558-6358)

287 297 SAGAMORE STREET - at Alemany Boulevard, Assessor's Block 7148 Lot 039 - Request for Conditional Use Authorization under, Planning Code Section 209.3(j) to expand an existing Church by constructing vertical and horizontal additions to the one story building increasing the floor area from 1,835 square feet on one story to 3,884 square feet on two stories in an RH-1, Residential House, One Family District and within the 40-X Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

SPEAKER(S):

(+) Lincoln Lew - Project Architect

- This project is important for much needed housing.

- The design is aesthetically pleasing.

- He urges the Commission to approve this project.

(+) Rev. Raymond Kwong - Bible Baptist Church

- They provide various programs for the Chinese speaking community.

- They have services during the holidays.

- Many of their supporters were here but had to leave.

- He asked members of the public to stand up who support this project. About 25 people stood up.

(+) Alex Wong - Bible Baptist Church

- He read a letter from a Board member who is in support of this project.

(+) Grace Fong - Bible Baptist Church

- She is a member of the church and it has been a privilege to be part of this ministry.

- Their ability to communicate in more than one language has allowed the church to expand their services.

- She read a letter from a member who is in support of this project.

(+) Caleb Kwong

- He is a member of the church.

- They have had to turn people away because of the lack of space.

- The desire of their ministry is to help young people.

(+) Anne Kwong

- She read a letter from a member of the community who is in support of this project.

- She also read a letter from a member of the public who is in support of this project.

(+) Helen Yee - Bible Baptist Church

- She is here to support this project.

- She has been a member of the church since she was a teenager. The church has helped her to be an important part of the community.

- The church has provided for many children and youth but the space has become very limited.

- They also provide outreach ministries around the world.

(+) Yang Xiao - Bible Baptist Church

- He supports this project. He has been a member of the church for more than 13 years.

- The church provides benefits to the entire City of San Francisco.

- They have a growing youth program at the church.

ACTION: Approved

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

ABSENT: Boyd

MOTION: 16662

17. 2003.0830C (D. SIROIS: (415) 558-6313)

3914 JUDAH STREET - north side of Judah, between 44th and 45th Avenues, Lot 016 in Assessor's Block 1799 - Request for conditional use authorization pursuant to Section 710.44 to establish a small self-service restaurant in a 995 square foot commercial space. The project site is located in an NC-1 (Neighborhood Commercial Cluster) District in a 40-X Height and Bulk District.

Preliminary Recommendation: Approval with conditions

SPEAKER(S):

(+) David Catalano - Project Sponsor

- He is really excited about this project.

- He is a native of District 4.

- He urges the Commission to approve this project.

(+) Patrick McGuire - JAVA Beach

- He is a native of District 4.

- He owns his home on Judah Street.

- He supports this project as well as many of the adjacent businesses.

ACTION: Approved

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

ABSENT: Boyd

MOTION: 16663

18. 2003.0411EX (J. MILLER: (415) 558-6344)

530 - 532 FOLSOM STREET (AKA 33 - 41 CLEMENTINA STREET) - northwest side between Second and Ecker Streets, Lot 17 in Assessor's Block 3736, in a C-3-S (Downtown Support) District and a 200-S Height and Bulk District - Request for an exception to the rear-yard requirements of the City Planning Code under Section 309, for a proposed change of use from office to residential in an existing building. The site comprises a building fronting Folsom Street that will remain office use, presently occupied by the Mexican Consulate. The rear building, with frontage of Clementina Street, is proposed for conversion to six condominium units, approximately 18,000 gross square feet in total area. Required residential parking would be provided in the existing building. No physical expansion is proposed.

Preliminary Recommendation: Approval with conditions

SPEAKER(S):

(+) Steve Vettel

- This is an existing building.

- Each of the units will have two enclosed bedrooms as well as an open study.

- There is no expansion of the building.

(-) Sue Hestor

- The rules for live work, which were abused for about seven years, did not contemplate housing.

- This project will be located on a site that does not have many human amenities.

- The open space issues need to be looked at.

ACTION: Approved

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

ABSENT: Boyd

MOTION: 16664

H. 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))

Sue Hestor

Re: Public Comment Period

- She would like to have on the agenda an item to discuss putting public comment at the beginning of the calendar for at least 15 minutes.

- This causes people not to come and discuss issues which are very important to the Commission.

Adjournment: 7:50 p.m.

THESE MINUTES ARE PROPOSED FOR ADOPTION AT THE REGULAR MEETING OF THE PLANNING COMMISSION ON THURSDAY, OCTOBER 2, 2003.

SPEAKERS: None

ACTION: Approved as Amended: Page 11, the action for item 10 states to extend the hours of operation originally 10:00 a.m. to 2:30 a.m. to 10:00 a.m. to 3:30 a.m. - this should actually be 10:00 a.m. to 3:30 p.m.

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