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October 02, 2003

October 02, 2003

SAN FRANCISCO
PLANNING COMMISSION

Meeting Minutes

Board of Supervisors Chambers - Room 250
City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, October 2, 2003
2:30 PM

Regular Meeting

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

COMMISSIONERS ABSENT: None

THE MEETING WAS CALLED TO ORDER BY PRESIDENT BRADFORD BELL AT 2:44 p.m.

STAFF IN ATTENDANCE: Larry Badiner - Acting Director of Planning; Jim Nixon - Acting Zoning Administrator; Judy Boyajian - Deputy City Attorney; Miriam Chion, Teresa Ojeda, 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. 2003.0193D (R. CRAWFORD: (415) 558-6358)

        244 GRANADA AVENUE - east side between Ocean and Holloway Avenues. Assessor's Block 6942 Lot 039 - Mandatory Discretionary Review, under the Planning Commission's policy requiring review of housing demolition of Demolition Permit Application No. 2002.1028.0113, to demolish the existing one family house, 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 two-family building.

        Preliminary Recommendation: Do Not Take Discretionary Review and Approve the Demolition Permit.

        (Continued from Regular Meeting of August 21, 2003)

        (Proposed for Continuance to October 16, 2003) November 6, 2003

    SPEAKER(S): None

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

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

        2a. 2002.0628E!KXCV (J. MILLER: (415) 558-6344)

      1160 MISSION STREET - northwest side between Seventh and Eighth Streets, with additional frontage on Stevenson Street, Lots 37, 38 and 56 in Assessor's Block 3702 - Review under Planning Code Section 309 and for exceptions, to construct a new building approximately 23 stories and 235 feet in height, with a gross area approximately 497,000 square feet, containing approximately 246 dwelling units and 5400 square feet of ground floor retail, and a parking garage, to replace an existing surface-level parking lot containing 168 spaces. The site is in a C-3-G (Downtown General Commercial) District and in 150-S and 240-S Height and Bulk Districts. The project is the subject of a concurrent hearing for a Conditional Use authorization.

        Preliminary Recommendation: Approval

        (Proposed for Continuance to October 23, 2003)

    SPEAKER(S): None

    ACTION: Without hearing, item continued to October 23, 2003

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

        2b. 2002.0628E!KXCV (J. MILLER: (415) 558-6344)

        1160 MISSION STREET, northwest side between Seventh and Eighth Streets, with additional frontage on Stevenson Street, Lots 37, 38 and 56 in Assessor's Block 3702 - Request for authorization of Conditional Use for a public storage garage for passenger vehicles (Planning Code Section 223(m)), in conjunction with construction of a new, 23-story residential building, replacing a surface-level parking lot containing 168 spaces with a residential apartment building 23 stories in height and approximately 497,000 gross square feet in size. in a C-3-G (Downtown General Commercial) District and in 150-S and 240-S Height and Bulk Districts.

        Preliminary recommendation: Approval with Conditions

        (Proposed for Continuance to October 23, 2003)

    SPEAKER(S): None

    ACTION: Without hearing, item continued to October 23, 2003

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

        2c. 2002.0628E!KXCV (J. MILLER: (415) 558-6344)

        1160 MISSION STREET - northwest side between Seventh and Eighth Streets, with additional frontage on Stevenson Street, Lots 37, 38 and 56 in Assessor's Block 3702 in a C-3-G (Downtown General Commercial) District, and in 150-S and 240-S Height and Bulk Districts. DWELLING UNIT EXPOSURE VARIANCE SOUGHT: The proposal is to construct a new 246-unit, 23-story residential building with a 504-space parking garage. Up to 180 of these dwelling units are to be side facing (without direct frontage on a street, a complying rear-yard area, or other open area with sufficient minimum dimensions to comply with Planning Code Section 140)

        (Proposed for Continuance to October 23, 2003)

    SPEAKER(S): None

    ACTION: Without hearing, item continued to October 23, 2003

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

B. COMMISSIONERS' QUESTIONS AND MATTERS

        3. Consideration of Adoption of draft minutes of August 21, 2003 (Continued from Regular Meeting of September 25, 2003); September 11 and 18, 2003.

      Minutes of August 21, 2003:

    SPEAKER(S): None

    ACTION: Approved

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

    EXCUSED: Feldstein, Hughes, S. Lee

      Minutes of September 11, 2003:

    SPEAKER(S): None

    ACTION: Approved

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

    EXCUSED: Feldstein

      Minutes of September 18, 2003:

    SPEAKER(S):

        ACTION: Approved with Corrections:

            1. Page 5, Item No. 9 - third bullet states that there was a vote from the BOS +7-0 and it should be +7-3;

            2. 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, Hughes, Feldstein, S. Lee, W. Lee

    EXCUSED: Boyd

        4. Commission Comments/Questions

        Commissioner Feldstein:

        Re: Correction to the Action List

        - Last week she requested information on fees for Discretionary Reviews and requested staff to try to move ahead with whatever action needs to be taken on programmatic EIRs and to reimburse the Department for development in these areas.

        Re: Non Profit Housing Association of Northern California Inclusionary Zoning Survey

        - She requested last week that she and all Commissioners receive this information.

            Miriam Chion of staff responded to Commissioner Feldstein's Request:

          - She will provide copies of the Non Profit Housing Association of Northern California Inclusionary Zoning Survey to all Commissioners.

        Re: October 1, 2003 - Performance Measures and Customer Service Plan

        - Commissioner Bill Lee mentioned that performance measures and a customer service plan must be complete from all departments by October 1, 2003.

        - She requested that this information be available to all Commissioners as soon as possible.

        Commissioner Antonini:

        Re: Housing Element

        - Members of the public have expressed concerns to him about the length of the staff's presentation on 10/9. He would like the Acting Director to comment on this.

        - He has not received the memorandum referenced in the draft housing element.

        - Next week he would like to have a discussion on the document Commissioner Feldstein referenced.

        Commissioner Bradford Bell responded to Commissioner Antonini's requested:

        - The way the calendar will be presented next week is as follows:

        Discretionary Review Policy presentation will be calendared during the Regular Calendar at 1:30 p.m. The Housing Element will not be scheduled to start before 5:00 p.m.

        Commissioner Hughes:

        Re: Time Utilization regarding demolition reports

        - He requested that over the next three or four weeks Commissioners think of what would be a good methodology or median standard to set the bar on for exceptions to, or on what does not have to be met in a soundness report. He believes this would go a long way to assist with time utilization.

        Commissioner Bill Lee:

        Re: Work Plan and Budget

        - He was not here last week so he did not receive this information.

        - He requested to receive, as well as all Commissioners, a printout of the expenditures and costs. This information should be provided to Commissioners quarterly. This would provide an opportunity for Commissioners to track the budget from now until next year. If there are proposed budget cuts, with this information the Commission could support the department in the appropriate areas.

        Re: Secondary Unit Legislation from the State

        - The State is looking to supercede the secondary units legislation through all the counties. The League of California Cities and SESAC has asked cities to weigh in on these items. He requested that this information be provided to Commissioners.

        Commissioner Bradford Bell:

        Re: Staggered Meeting Scheduled

        - She requested that the Commission discuss this issue.

        Commission Secretary:

        Re: Staggered Meeting Schedule

        - The Commission has had a chance to weigh the pros and cons of scheduling different types of cases on alternating hearing dates. Staff wants to know how to proceed for the remainder of this year. Do they go back to scheduling all types of cases on all hearing dates or do they continue with the alternating schedule?

        - She informed the Commission of the heavy hearing schedule for their Oct. 16 hearing. She recommended that the meeting start at 12:30 p.m. and schedule the Eastern Neighborhoods item to not start before 6:00 p.m.

        Re: Vacation Schedules

        - She requested that Commissioners let her know their vacation schedules as soon as possible so she can determine if there will be any quorum problems.

C. DIRECTOR'S REPORT

        5. Director's Announcements

        Re: Housing Element

        Teresa Ojeda from staff presented the following documents:

        1) Memorandum summarizing the concerns they have received regarding the Housing Element. These concerns are from the public and Commissioners. The memorandum also provides a summary from staff of these concerns.

        2) Set of slides of maps and diagrams that are the overlays requested by Commissioner Bill Lee.

        3) Letters from the Mayors Office of Housing and the Redevelopment Agency that provides information on the financial implications of not having a Housing Element.

        All these documents will be available at the department and will be available online.

        On the day of the hearing, the agenda will be as follows:

        1) Staff will start with a short presentation providing an overview of the public input they have received and how they have addressed these concerns.

        2) A description of the process of adoption and approval and certification of the Housing Element. All of this should not take more than 10 minutes.

        If the Commission has any instructions, they should convey them by Monday.

        Acting Director gave the following report:

        Re: Question Commissioner Hughes raised regarding criteria used to determine whether a project is affordable or not and if not should it be brought before the Commission:

        - The majority of the Commission felt that if a project is not affordable it should not be brought before the Commission.

        - The criteria used is for one-to-three family housing is 80 percent of the median income which calculates to $1.2 million. If the existing housing that is being demolished is $1.2 million dollars or more, the project is reviewed at staff level and decides it.

        - Should the single family to three family median housing index or should the median housing index for the entire city be used? The single family to triple family medium housing price results in an affordability cut off at 1.2 million while the average medium price for housing as a whole results in approximately 9.3 million.

        Re: Programmatic EIRs:

        - He is working with the City Attorney on this already.

        - Paul Maltzer met with the City Attorney on this last Friday.

        - He believes that State law allows you to collect money when a project has been put forth.

        Re: Full Recovery of DRs:

        - There was a question on full recovery of DRs.

        - Last week, this was discussed during our budget item.

        - Staff is proceeding with the City Attorney on this to understand what to do with applications; to provide proper notice to applicants upfront that the Department is seeking full recovery and identify what charges are. The portion of the Planning Code that allows reduction of fees due to limited income or non-profit status will also be noticed.

        Re: Next Week's Calendar:

        - He informed the Commission that the DR Policy item on calendar next week will also seek to allow an initiation of an administrative review and decision process.

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

        BOS -

        Land Use Committee:

        The Land Use Committee which consists of Supervisors McGoldrick, Maxwell, and Ammiano, met this past Monday (September 29, 2003) and considered a couple of minor Planning related items:

          [Lot Line Selection for Vacant Lots Abutting Two or More Streets]

          It heard Supervisor McGoldrick's Ordinance amending Planning Code section 130 dealing with lot lines. The item was passed out to the full board on a 3-0 vote.

          [Planning Code Amendment--Mining Exchange Building Setback]

          The Committee approved an Amendment to Appendix B of Article 11 of the Planning Code that is required for this Project at 350 Bush Street to allow a setback of a minimum of 30 feet instead of 60 feet over the Mining Exchange Building. The building was sculpted with the 30 foot setback in order to maintain the view of the Russ Building Courtyard).

          [Seawall Lot 330]

          Approved a General Plan Amendment as well as a Zoning Map Amendment in connection with Seawall Lot 330.

        Full Board of Supervisors Meeting - September 29, 2003:

        The Board voted on a motion by Supervisor Daly creating a City Planning Audit Select Committee to review and implement recommendations of the Budget Analyst's Management Audit of the Planning Department for the Board of Supervisors in June 2002. This select audits committee is expected to meet for 120 days, or 4 months from its initial meeting. Board President Matt Gonzalez appoints 3 members of the Board of Supervisors to this select committee.

        (It is important to note that Department staff have taken steps to examine and address the recommendations of the audit, and President Bradford Bell called for a hearing before this Commission next month to examine the audit. I recommend that the Commission hear this matter and submit its recommendations to the Board of Supervisors' select committee for their consideration. We look forward to a process of working closely with members of the Board of Supervisors to examine the recommendations of the audit.

        Appeals

        - No appeals before the full board until Tuesday, October 21, when the Board will consider 2 items:

          - Appeal of a CU authorization for 6 Verizon antennas at 5630 Mission Street (Gonzalez, Daly, Peskin, Sandoval and McGoldrick).

          - EIR appeals for the projects at 201 Folsom/300 Spear Streets.

        Note: He placed in the Commissioner's packet for next week's meeting a communication that includes recently introduced legislation by members of the Board of Supervisors. Commissioner Sue Lee made this request to provide the Commissioners Planning-related legislation by members of the Board. This will provide more time to study the many pieces of legislation before they are brought before the Commission for recommendation. This will become a regular part of the weekly information packets from staff.

        BOA -

        Re: 473 Leland Avenue

        - This project was a demolition which the Commission denied.

        - The Board took a vote of +4-1 to allow the demolition.

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: 400-410 Vallejo Street

      Adam Woleski

      - When he took the opportunity to purchase this property, he hopped that following the guidelines the City required, he would be allowed the conversion of his property.

      - He hopes that the Commission will make his dream a reality.

      Andy Sirkin

      - He has worked on this conversion for the project sponsor.

      - He reviewed the tapes of the previous Commission hearing and during that time there was more discussion on what was submitted instead of the merits of the project.

      - The owners have nothing to hide and have provided all the materials he thought were necessary.

      - All of the owners are first-time homebuyers and are not developers.

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

        7. 2002.1144C (G. NELSON: (415) 558-6257)

        821 LA PLAYA (aka 800 GREAT HIGHWAY) - between Great Highway and La Playa at the intersection of Cabrillo Street; Lot 004 in Assessor's Block 1692 - Request for Conditional Use authorization pursuant to Section 710.83, of the Planning Code to install two cellular antennas and one related equipment cabinet on the roof of a commercial structure (Wise Surf Shop) for Verizon, within an NC-1 (Neighborhood Commercial Cluster) District and a 40-X Height and Bulk District. The proposed antennas would be within the existing parapet and penthouse wall on the roof of the structure, and the related equipment would be located on the roof below the level of the parapet. Neither the antennas nor the equipment would be visible from below or any neighboring property. Per the City & County of San Francisco's Wireless Telecommunications Services (WTS) Facilities Siting Guidelines the proposal is a Preferred Location Preference 6 (limited preference site) as it is located in an NC-1 District.

        Preliminary Recommendation: Approval with conditions.

        NOTE: On July 17, 2003, following public testimony, the Commission closed public hearing and passed a motion of intent to disapprove by a vote +5 -0. Commissioners Boyd and Feldstein were absent. Final Language scheduled for August 21, 2003. On August 21, 2003, without a hearing the Commission continued this matter to October 2, 2003.

        (Continued from Regular Meeting of August 21, 2002)

    SPEAKER(S): None

    ACTION: Project Disapproved

            Note: Commissioners Boyd and Feldstein stated that they received project material and are prepared to vote.

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

    MOTION: 16668

        8. 2003.0446Q (J. MILLER: (415) 558-6344)

        400 - 410 VALLEJO STREET - northeast corner at Montgomery Street, Lot 11 in Assessor's Block 133 - Public hearing to determine consistency with the General Plan of a proposed six-unit Condominium-Conversion Subdivision, in an RH-3 (House, Three-Family) District and a 40-X Height and Bulk District.

        Preliminary Recommendation: Approval is consistent

            (Continued from Regular Meeting of September 25, 2003)

            NOTE: On July 17, 2003, following public testimony, the Commission closed public hearing and continued the matter to September 25, 2003. On September 25, 2003, without a public hearing, the Commission continued this matter to October 2, 2003.

    SPEAKER(S): None

    ACTION: Approved

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

    MOTION: 16669

        9. 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 18, 2003).

            NOTE: On August 28, 2003, following public testimony, the Commission closed the public hearing and passed 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. On September 11, 2003, without further hearing, the Commission continued this matter to October 2, 2003.

    SPEAKER(S):

    (+) Pornchai "Tom" Hutachinda

    - He hopes that the Commission will approve this conversion.

    (+) Alan Toma - Design Studio

    - He was given wrong information that was therefore misleading.

    - Since the meeting in August, they have gone through negotiations with the tenants.

    - He hopes that the Commission will approve their project.

    (+) Alex Blanhard

    - He had entered into negotiations with the tenant and is moving out this weekend.

    - There were a few roadblocks, but they have been taken care of.

    (+) Ana Martinez

    - The owner has taken care of the tenants' interest and is helping them move out.

    - This neighborhood has been really good to them.

    ACTION: Approved

            Note: Commissioners Feldstein and S. Lee stated that they received project material and are prepared to vote.

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

    NAYES: Feldstein and Hughes

    MOTION: 16670

F. REGULAR CALENDAR

        10. 2003.0091AC (T. TAM: (415) 558-6325)

        333 DOLORES STREET - east side between 16th and 17th Streets; Lot 57 in Assessor's Block 3567 - Request for a Conditional Use authorization pursuant to Planning Code Sections 209 and to allow the expansion of an existing institutional use (Children's Day School), located on a portion of a designated city landmark (Landmark No. 137). The proposal is to construct three (3) 24' x 40' temporary prefabricated classroom trailers. The Certificate of Appropriateness for this project was heard before the Landmark Preservation Advisory Board on September 17, 2003 and approved by the Planning Director on September 29, 2003. The property is located in RM-1 (Residential, Mixed, Low Density) District and a 40-X Height and Bulk District.

      Preliminary Recommendation: Approval with Conditions

    SPEAKER(S): None

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

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

        11. 2001.0911R (S. SHOTLAND: (415) 558-6308)

        GOLDEN GATE PARK CONCOURSE AUTHORITY PROJECTS - Portion of Lot 001 in Assessor's Block 1700 - Consideration of California Environmental Quality Act Findings and General Plan conformity of the proposed Golden Gate Park Music Concourse Projects, pursuant to Section 4.105 of the San Francisco Charter and Section 2A.53 of the San Francisco Administrative Code. The Project includes a ground lease to the Music Concourse Community Partnership ("MCCP") of a portion of lot 001 in Assessor's Block 1700 in Golden Gate Park, located in the vicinity of the Music Concourse, primarily between the De Young Museum and the Academy of Sciences, issuance of revenue bonds to facilitate the financing and construction of an underground parking facility at the Golden Gate Park Music Concourse, as contemplated by Proposition J, approved by City voters in June 1998. Debt service on the Bonds would be paid from revenues generated by the operation of the parking facility and MCCP's philanthropic fundraising programs. In addition to the ground lease and financing proposal, the Golden Gate Park Concourse Authority, the Project Sponsor, is seeking the approvals necessary for the construction of a new underground parking facility and associated surface improvements in the Golden Gate Park Music Concourse and certain Transportation Implementation Plan ("TIP") Elements in Golden Gate Park. The underground parking facility would contain approximately 800 spaces at the Music Concourse. The Project proposes to incorporate surface transportation improvements in the Concourse area, and throughout Golden Gate Park, including removal of approximately 200 parking spaces from the Music Concourse area and a total of 800 surface parking spaces from Golden Gate Park, after construction is completed. The underground parking facility would be generally located under the existing Tea Garden Drive and Music Concourse Drive in Golden Gate Park, directly adjacent to the New de Young Museum to the north and directly adjacent to the Academy of Science to the south, in a P (Public) District and an OS (Open Space) Height and Bulk District. (Action by the Planning Commission)

        Preliminary Recommendation: Find that the Project is, on balance, in-conformity with the General Plan with conditions.

    SPEAKER(S):

    (+) Gordon Chong - Project Architect

    - He gave a PowerPoint presentation on the architectural merits of the project.

    (-) Chris Duderstadt

    - There are two variances proposed which will remove parking.

    - This is significant because it will show the impact on the streets around the park.

        - He displayed a chart of the traffic flow (cars/hr) into the Park at different hours and different streets that go into the park.

        - If Prop J were implemented it would help with impacts on the traffic.

        (+) Jim Chappell - President of SPUR

        - He thanked staff on an extremely clear and helpful document.

        - SPUR strongly supports this project.

        - The parking for this project will be underground and will enhance the park.

        - The project is in compliance with the General Plan.

        - Is it in compliance with Prop J? Yes.

        - The Concourse will be dramatically better as a recreation area.

    (+) Ron Miguel - President of the Planning Association of the Richmond

    - He has read the report and this project is in conformity with the General Plan.

        - The EIR wants to have the underground parking to enhance the park and it has done the job very well.

    (+) Lou Blazej

    - This project is subject to and based on Prop J.

    - The Master Plan should be amended and not the project.

        - He urges the Commission to support this project and find it in conformity with the General Plan.

    (+) Michael Burke

    - The service level at the intersections will meet satisfactory standards.

        - There will be no need for people to leave the park and then reenter in order to enter the garage.

    - The ultimate gift to the City will be $142.8 million dollars.

    - There will be a shuttle that will become permanent.

    ACTION: Project Found to Conform to General Plan

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

    NAYES: Feldstein

    MOTION: 16671

        12. 2003.0766TZ (P. LORD: (415) 558-6311)

        DIVISADERO STREET ALCOHOL RESTRICTED USE DISTRICT - Consideration of an Ordinance adding Section 783 to the Planning Code to create a Divisadero Street Alcohol Restricted Use District prohibiting liquor establishments and regulating existing non-conforming liquor establishments; amending Zoning Map Sheets 2SU and 7SU of the City and County of San Francisco to indicate the boundaries of the Divisadero Street Alcohol Restricted Use District, and making findings of consistency with the priority policies of Planning Code Section 101.1 and the General Plan.

      Preliminary Recommendation: Approval

    SPEAKER(S):

    (+) Amy Laitinen - Legislative Assistant for Supervisor Matt Gonzalez's office

    - Residents in the area have been concerned about liquor store in the area.

    - There is about a 13-block area that has about 11 liquor stores.

    - The Police Department in this area is very supportive of this legislation.

    - 90 Days seems to be a reasonable period for turnover of larger issues.

        ACTION: Approved with Amendments to include the following language:

                BE IT FURTHER RESOLVED THAT, the Commission hereby recommends modifications to the proposed ordinance to:

            1) Exempt from these proposed controls the previously approved mixed use project at Fell Street and Broderick Street, ground floor retail (including a full service grocery store) with residential above, on Assessor's Block 1215, Lot 011.

            2) To remove the reference to "90 days" on line 7, page 4 of the draft ordinance and include language that specifies temporary closure for remodeling for "so long as construction is proceeding diligently to completion."

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

    NAYES: Feldstein

    RESOLUTION: 16672

        13. 2003.0801TZ (P. LORD: (415) 558-6311)

        NORTHEAST WATERFRONT SPECIAL SIGN DISTRICT - Consideration of an Ordinance amending the San Francisco Planning Code by creating Section 608.15 to establish the Northeast Waterfront Special Sign District, creating Section 609.14 to address amortization of non-conforming signs in this District, amending Section 608 and Article 10, Appendix D, Section 7 to be consistent with this Ordinance, amending the Zoning Map Sectional Map SSD-1 to show the boundaries of this District, and making findings of consistency with the General Plan and the priority policies of Planning code Section 101.1.

      Preliminary Recommendation: Approval

    SPEAKER(S):

    (+) David Owen - Legislative Assistant Supervisor Peskin

        - This legislation would help to preserve and maintain the characteristics of this historic district.

        - He is available for questions.

        (+) Jennifer Sobol - Port of San Francisco

        - She submitted a letter from Byron Rhett, Director of Planning and Development from the Port of San Francisco with corrections to the legislation.

        - She apologized for the lateness of the revisions but they just found out about it.

        - There would be language revision to Section 608.15(b)(4); Section 608.15(b)(6); Section 608.15(b)(5); and Section 604.2.

        (-) Gerry Crowley - Telegraph Hill Dwellers

        - For 50 years she has been participating in planning issues at the waterfront.

        - To make it consistent with the Jackson Square Special Sign District, there should be language in this ordinance to have lighting be subtle in the waterfront.

        - She cannot support changes to the ordinance for a project that has not been approved yet.

        - The Ferry Building is very well lighted.

        ACTION: Approved with Amendments to include the following language: THEREFORE BE IT FURTHER RESOLVED, that the Planning Commission having heard public testimony, including comments from the Port of San Francisco as detailed in their October 2, 2003 letter to the San Francisco Planning Commission, recommends that the Board of Supervisors consider modifications to the draft ordinance that are within and not exceeding the general scope of the Port's October 2, 2003 recommendations.

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

    MOTION: 16673

        14. 2002.0804C (J. IONIN: (415) 558-6309)

            1212 GEARY BOULEVARD - A.K.A. 1200-1210 GEARY BOULEVARD - Lot 002 in Assessor's Block 0696 - Request for Conditional Use authorization pursuant to Section 712.83 of the Planning Code to install a total of three antennas and related equipment for Sprint PCS. One antenna is proposed to be facade mounted and the other two are to be mounted in a new steeple, approximately 90-feet tall, of an existing church, within an NC-3 (Moderate-Scale Neighborhood Commercial) District and a 130-E Height and Bulk District. Per the City & County of San Francisco's Wireless Telecommunications Services (WTS) Facilities Siting Guidelines the proposal is a Preferred Location Preference 1, as it is a place of worship in an NC-3 District.

            Preliminary Recommendation: Approval with Conditions

    SPEAKER(S):

    (+) Jennifer Estes - Representing Sprint PCS

    - Se thanked staff for helping her out with some scheduling conflicts.

    - This facility does comply with the guidelines.

    - It will operate over 450 times below the Federal Communications Emissions Guidelines.

    - This site will help the community and is unobtrusive.

    - They mailed over 1,900 notices.

    - Two people attended the community meetings and there was only one phone call.

    ACTION: Approved

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

    NAYES: Feldstein

    MOTION: 16674

        15a. 2002.0605CV (J. IONIN: (415) 558-6309)

        4614-4630 CALIFORNIA STREET - "The St. James Episcopal Church and Pre-School"; Lot 049 in Assessor's Block 1368 - Request for Conditional Use authorization pursuant to Section 209.3(f) & (j) of the Planning Code to allow for the demolition of existing structures and construction of a new building for the St. James Episcopal Church administrative facilities, offices for non-profit counseling accessory to the church-related services, and a child-care facility providing less than 24-hour care for 13 or more children by licensed personnel within an RM-1 (Residential, Mixed, Low Density) District and a 40-X Height and Bulk District.

      Preliminary Recommendation: Approval with conditions.

    SPEAKER(S): None

    ACTION: Without hearing, item continued to December 4, 2003.

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

        15b. 2002.0605CV (J. IONIN: (415) 558-6309)

        4614-4630 CALIFORNIA STREET - Article 1.5 Section 150(b) of the Planning Code requires child care facilities to provide one independently accessible off-street parking space for every 25 children, where the number of such children exceeds 24. Section 150(d) requires that existing parking spaces be retained. The project proposes no new off-street parking spaces and the elimination of one off-street parking space where 1 is required (based on the existing deficiency). Article 1.2 Section 134 of the Planning Code requires a 45 percent rear yard, which can be reduced to 25 percent through averaging or 15 feet whichever is greater. The project proposes a 15 foot rear yard where 25 feet are required.

    SPEAKER(S): None

    ACTION: Without hearing, item continued to December 4, 2003.

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

        16a. 2002.0917CV (J. PURVIS: (415) 558-6354)

        144 WAYLAND STREET - north side between Girard Street and San Bruno Avenue; Lot 018 in Assessor's Block 6048 - Request for Conditional Use Authorization under Planning Code Section 209.1(g) to add two dwelling units in space formerly occupied by a commercial store on this 4,500 square-foot lot, and requesting a rear yard variance to construct a garage within the rear yard, within an RH-2 (Residential, House, Two-Family) Use District with a 40-X Height and Bulk designation.

        Preliminary Recommendation: Approval.

    SPEAKER(S): None

    ACTION: Approved

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

    ABSENT: Bradford Bell

    MOTION: 16675

        16b. 2002.0917CV (J. PURVIS: (415) 558-6354)

        144 WAYLAND STREET - north side between Girard Street and San Bruno Avenue; Lot 018 in Assessor's Block 6048 - Request for a Rear Yard Variance under Planning Code Section 134(c) to provide a one-car garage within the rear yard open space. The garage would be 21 feet x 10 feet with access from Wayland Street, within an RH-2 (Residential, House, Two-Family) Use District with a 40-X Height and Bulk designation.

    SPEAKER(S): None

        ACTION: Acting Zoning Administrator closed the public hearing and granted the variance.

        17. 2003.0804C (J. PURVIS: (415) 558-6354)

            901-933 BAYSHORE BOULEVARD - east side south of Silver Avenue; Lot 062 in Assessor's Block 5402 - Request for Conditional Use Authorization under Planning Code Section 303(e), to modify conditions imposed under Motion No. 16243, adopted by the Planning Commission on September 6, 2001, with regards to rental housing requirements, to allow the newly constructed 40 units of senior housing to be either rented or sold as condominiums, with all other conditions applying, within an NC-1 (Neighborhood Commercial Cluster) Use District and a 40-X Height and Bulk District.

            Preliminary Recommendation: Approval with Conditions.

    SPEAKER(S):

    (+) Dan Sullivan - Representing Project Sponsor

    - He is available to answer any questions.

    - Staff has improved the motion and made it much clearer.

    - The project sponsor accepts these conditions as they have been modified.

        (-) (speaker's name unclear) - President of the Bay View/Hunter's Point Neighborhood Association.

        - He feels that the project is too dense.

        - The location is a very dangerous spot. Until there is some clarity on the safety of the area, this project should be held off. [It should be noted that the property identified by this speaker was not the one identified on calendar today. He acknowledged that he had the wrong address.}

        ACTION: Approved with amendments: any sold BMR unit would have to meet the senior occupancy requirements.

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

    MOTION: 16676

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))

      None

Adjournment: 6:50 p.m.

      THESE MINUTES ARE PROPOSED FOR ADOPTION AT THE REGULAR MEETING OF THE PLANNING COMMISSION ON THURSDAY, OCTOBER 16, 2003.

      SPEAKERS: None

      ACTION: Approved as Corrected

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

      ABSENT: Boyd

Last updated: 11/17/2009 10:00:07 PM