November 13, 2003

SAN FRANCISCO
PLANNING COMMISSION

Meeting Minutes

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

Thursday, November 13, 2003
1:30 PM

Regular Meeting

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

COMMISSIONERS ABSENT: William L. Lee

THE MEETING WAS CALLED TO ORDER BY PRESIDENT BRADFORD BELL AT 1:39 p.m.

STAFF IN ATTENDANCE: Larry Badiner - Acting Director of Planning; Jim Nixon - Acting Zoning Administrator; Nora Priego - Transcription Secretary; Jonas Ionin - Acting 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. 2003.0794C (G. CABREROS: (415) 558-6169)

1728-1748 HAIGHT STREET - north side between Shrader and Cole Streets, Lot 035 in Assessor's Block 1229 - Request for Conditional Use Authorization under Planning Code Section 719.21 to allow a retail space at the ground floor over 2,500 square feet in area. The proposal is for tenant improvements to establish an 8,733 square-foot retail space. Urban Outfitters, a youth-oriented retailer of men's and women's wear, home furnishings and accessories, would occupy the retail space. The subject property is within the Haight Street Neighborhood Commercial District and a 40-X Height and Bulk District.

Preliminary Recommendation: Pending

(Proposed for Continuance to December 4, 2003)

SPEAKER(S):

Re: Continuance

Greg Gaar - Haight Ashbury Neighborhood Council

- They agree that this item should be continued to December 4, 2003 because there is another large project proposed nearby that could affect the neighborhood.

- They would like to have both of these major developments scheduled for hearing on the same day.

- They are having a membership meeting and they will be discussing these project in the near future.

- He hopes that the Commission will grant continuance.

Mathew Brennan

- He would like to have this case continued to December 4, 2003.

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

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

ABSENT: William Lee

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 September 25, 2003)

NOTE: On September 25, 2003, following public testimony, the Commission closed

the public hearing, and entertained two motions: 1) to take Discretionary Review and disapprove by a vote +3 -3. Commissioners Boyd, Antonini, Bradford-Bell voted no. The motion failed; 2) continued the matter to October 16, 2003 by a vote +6 -0. Commissioner William Lee was absent.

NOTE: On October 16, 2003, the Commission entertained two motions: 1) To take Discretionary Review and disapprove the demolition, by a vote +3-3. Commissioners Antonini, Bradford Bell, W. Lee voted no. Commissioner Boyd was absent. The motion failed. 2) Item Continued to November 13, 2003, the Commission requested that a representative from another City Department review the soundness report, by a vote +4 -2. Commissioners Hughes and S. Lee voted no. Commissioner Boyd was absent.

(Proposed for Continuance to November 20, 2003) December 11, 2003

SPEAKER(S): None

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

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

ABSENT: William Lee

3. 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

(Continued from Regular Meeting of September 18, 2003)

(Appeal of the Preliminary Mitigated Negative Declaration Withdrawn)

SPEAKER(S): None

ACTION: Appeal of the Mitigated Negative Declaration was withdrawn.

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

ABSENT: William Lee

ADDENDUM ITEM:

2003.0900D (K. SIMONSON: 415-558-6321)

42 BEAUMONT AVENUE - east side between Geary Boulevard. And Anza Street, Lot 22 in Assessor's Block 1086 - Mandatory Discretionary Review, under the Planning Commission's policy requiring review of housing demolition, of Building Permit Application No. 2002.11.01.0541, proposing to demolish a two-story building containing one dwelling unit. The subject property is in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.

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

(Proposed for Continuance to November 20, 2003)

SPEAKER(S): None

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

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

ABSENT: William Lee

2003.0866V (K. SIMONSON: 415-558-6321)

42 BEAUMONT AVENUE - east side between Geary Boulevard. And Anza Street, Lot 22 in Assessor's Block 1086 - Request for Variance to Rear Yard requirements to allow construction of a new four-story building, a portion of which would be located in the required rear yard. The first, second and third floors of the four-story building would extend 5 feet 9 inches into the required rear yard, and exterior stairs to the third floor level would extend an additional 6 feet 8 inches into the required rear yard. The building would contain two dwelling units. The subject property is in an RH-2 (Residential, House, Two Family) District and a 40-X Height and Bulk District.

(Proposed for Continuance to November 20, 2003)

SPEAKER(S): None

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

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

ABSENT: William Lee

B. COMMISSIONERS' QUESTIONS AND MATTERS

4. Commission Comments/Questions

Commissioner Sue Lee:

- She requested that staff calendar for discussion the subject of alternating DR and CU calendars just to get feed back from the Commissioners, staff and public. She would like an opportunity to evaluate how this is going.

Acting Commission Secretary Jonas Ionin responded:

- Recommended that the next available hearing would be December 11, 2003.

Commissioner Lisa Feldstein:

1) She received from Mr. Samaha of staff some legislation regarding a special use district. She was under the impression that there was to be some legislation in the CPC Folder that was introduced by Supervisor Daly -- it was supposed to be in their correspondence folder.

Acting Director responded:

- He will check on that. He is aware that whenever legislation comes into the office it is immediately forwarded to the Commission via their correspondence folders.

2) She attended the annual conference of the California County Planning Commissioners Association. She discovered that they have nothing in common with any other county including the fact that they [other counties] get paid a lot more to work fewer hours. The conference was very interesting to her. One of the things that struck her was although the issues that other counties are dealing with have to do with the interfaces between the cities within those counties and the surrounding lands, some of the solutions that the counties have crafted for diverse uses of land "bumping" up against each other would be helpful to the Commissioners to consider as they continue to look at uses of industrial land. Especially in regards to the interaction between agricultural land and housing where many of the same issues: noise, machinery, equipment and chemicals comes up.

3) She requested that the hearing be adjourned in memory of Nicholas Summerfield who was a kindergarten student at her daughters school who was struck by a car on his way to school on Tuesday of this week.

Commissioner Antonini:

1) He spoke before the North Beach Neighbors regarding Commission issues.

2) RE: The Mills Corporation question that has come up about usage. He realizes that this might be a Port issue but he wanted to bring this up to the Commission and to the Acting Director as well as the City Attorney. He wants to know if the Commission has any jurisdiction on this.

3) There was an article in the San Francisco Business Times regarding the Century and the Transbay Terminal. There was mention that the City has moved the Transbay Terminal 100 feet to the west. He wants to know what procedure there should be on this and whether or not the Commission should be involved on this.

Commissioner Boyd:

- He thanked staff for the hard work that everyone has done.

- The Commissioners always have requests and staff has always been available and quick in providing information.

Commissioner Bradford Bell:

- She sent her condolences to the family of Nicholas Summerfield.

- She congratulated the Commissioners on their first year as Commissioners.

C. DIRECTOR'S REPORT

5. Director's Announcements

Re: Bloomingdale's/Emporium Project

- He attended the "groundbreaking" ceremony for this project.

- He was delighted to get this project "off the ground".

- The area has not been too pedestrian friendly. This project will be a wonderful thing for the area.

Re: Calendars

Re: Future Calendars

- The Commission calendars are really full over the next month and a half.

- He asked for the forbearance of the Commissioners.

Re: Director Green

- Director Green will be attending the November 20, 2003 hearing.

Re: Question from Commissioner Antonini:

- The Mills Corporation project on Pier 27-31, he believes that this project came before the Commission as a general plan referral. If there are significant changes in the project it is conceivable that it would have to come back to the Commission.

Re: The Century Project

- This is also known as Natoma Mews and 72-80 Natoma. This is a residential project that was approved by the Commission for the last time in the late 90s. It is a 400 foot tall residential building with about 500 units. They have commenced construction but there was a delay. In the Business Times there was some concern that with the Transbay Terminal moving East it might be on this site or there might be a conflict on this site. DBI needs to make a decision on this. If the project is still in general conformity with the plans then they can proceed. He believes that the Department cannot hold a project that is entitled because the City or the Redevelopment Agency or MTA has other plans for the project. If ultimately the City or the Agency or other government agency believes that they need that property for the Transbay Terminal it is up to that entity to come to a negotiated settlement with the project sponsor or proceed in inverse combination. The department acting as a permit processing department in this case is opposed to a long term planning process, the department must process the permits or else the department would be subject to suit for delaying the project.

Re: Commissioner Boyd's Comments

- He thanked Commissioner Boyd for complementing staff.

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

BOS - None

BOA -

- There were eight items that dealt with the Planning Department and there were three that dealt with decisions made by the Commission.

Re: 701 Lombard Street

- The request to reopen this case failed by a vote of +2 -2.

- There was a case heard under Discretionary Review. A homeowner wanted to have a funicular installed in his home because he could not go up the stairs. The Commission approved this project. This went to the BOA and they upheld the Commission's decision.

Re: 1331 Green Street

- This property is where Imogene Cunningham used to live.

- The Commission had disapproved, upheld the variance that was disapproved. The Commission disapproved a new building in front. There was a proposal to change that so that proposal failed so the building is still going to be built in the front.

D. REGULAR CALENDAR

7. (L. BADINER: (415) 558-6411)

COMMISSION ACTION LIST - Discussion of status on items on the action list, which details the Planning Commissioner's requests.

Commissioner Antonini:

1) He wants to know the status on a Spreadsheet from the dollars of all governmental resources that have been allotted toward affordable housing in San Francisco.

Response by Acting Director: MOH/RED are putting this information together.

2) What is the status of a joint hearing with the Planning Commission and Board of Supervisors?

Response by Acting Director: At the November 20, 2003 hearing there will be discussion on the management audit. There are some requests for that. This can be taken up at that time. The BOS will be organizing an audit committee and they will be working on how the Board of Supervisors and the Planning Commission want to work in a more formal way.

Commissioner Hughes:

- He requested that an item on July 24, 2003 be deleted because it was more of a comment rather than a request or action item.

Commissioner Sue Lee:

- She requested that all items that have been resolved be deleted.

Commissioner Bradford Bell:

1) She requested that staff look at the 2004 calendar and start scheduling joint hearings.

Response by Acting Director: He recommended that perhaps at a hearing in February of 2004, there could be staff from various departments come to provide presentations.

2) She requested that joint hearings be separate from presentations made by staff of various departments.

Response by Acting Director: He recommended the following department and/or Commissions be grouped together in separate hearings. For example:

1) Department of Parking and Traffic and MUNI hearing.

2) Redevelopment Agency and Mayors Office of Housing hearing.

3) Department of Building Inspection (only) hearing.

4) Arts and Environmental Commission joint hearing.

Commissioner Feldstein:

- She expressed her appreciation of the explanation from Acting Director Badiner on the difference between informational hearings and joint hearings.

- She requested that the Action List include the reason why the Commission requested departments and Commissions. That way there is a logical way to proceed.

- There may be other entities that the Commission might want to hear from. For example if there is a MUNI presentation, there might be other minor agencies which might want to attend like the bicycle coalition.

SPEAKER(S): None

ACTION: Other than direction through discussion, there was no formal Commission action.

8. 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 player and/or DJ, 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 19 dwelling units on the 2nd and 3rd floors. The subject property is located in the Polk Neighborhood Commercial District and a 130-E Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

(Continued from Regular Meeting of September 18, 2003)

SPEAKER(S):

(+) Elaine Chu - Project Sponsor

- She tries to do what is best for the neighborhood.

- She will do what the Commission requires her to do.

(+/-) John Malloy - Chairman of Polk Neighbors Incorporated

- They have a number of complaints with the bar.

- There is a lot of noise from the jukebox.

- There should be more sound tests done before the project is approved and not the other way around.

- There is an Indian restaurant that just opened up, but the noise from the bar is so loud that this will cause the restaurant to go out of business.

(+/-) John Kapur

- He has enjoyed being on the premises for many years.

- The wall is not insulated so he can hear the music all the time. He has no objection to the bar but he would like to have conditions imposed to have more sound tests done.

ACTION: Approved with the following condition amendment: Require further sound tests prior to the release of the change of use permit.

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

ABSENT: William Lee

MOTION: 16682

9. 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

(Continued from Regular Meeting of November 6, 2003)

SPEAKER(S):

(+) Tracy Kirkham

- Chair of the Board of Trustees for the Children's Day School

- The reason for the continuance at the last hearing was because of safety concerns with the use of construction material and construction techniques of pre fab materials.

- Staff alerted them that one of the Commissioners had raised a question about the appropriateness of using modular construction classrooms for preschools

- She did some research and found out that this kind of health question had never come up before.

- The issue of pre fabricated material is not within the Planning Commission's jurisdiction.

(+/-) Keith Bernstein

- He lives on 17^th Street.

- The biggest complaint that he has is with increased traffic and increased noise.

- There are a number of houses that surround the yard of the school. It is very noisy and very unsightly.

- There was a petition, which had 80 signatures on it, of people that do not support this project.

(+) Marion Quinones - President of the Parents Association of Day School

- She lives on Dolores Street.

- Her children attend the school.

- She has every confidence that the research of health and safety has been done conscientiously.

- This is a terrific improvement to the neighborhood. It is financially responsible as well as much needed.

- She encouraged the Commission to approve the project.

(+) Isabel Questell - Notre Dame Senior Plaza

- There are about 89 residents living at the plaza.

- They have a lot of concerns about the growth of the school.

- They have had a wonderful working relationship with the school.

- They're concerns have been met and they have been reassured that these problems will be remedied.

(+) Mary Stewart

- She lives at Notre Dame Senior Plaza.

- When she began to see the children playing and being so happy, all the issues and concerns she had just went away.

- Everyone who drives their car to pick up or drop off their children has been very courteous.

- The new construction will not impact the plaza in any way.

(+) Miya Lukashevsky - President Notre Dame Senior Plaza

- She represents the Russian residents of the area.

- They support the school 100%.

- They are happy to see the children walk and play in the garden.

(+) Haden Cory - Student at Children's Day School

- He feels that this school is very unique.

- He attends Children's Day School.

- There are a lot of really neat things that the children do at the school. But most importantly they are learning how to be leaders.

(+) Eugene Price - Notre Dame Senior Plaza

- He lives at Notre Dame Senior Plaza.

- He has had a complete turnaround since this project began. He is totally supportive of the project.

(+) Nicole Wigfall - Student at Children's Day School

- She attends Children's Day School.

- She feels she is at home there because she feels like a big sister to the younger children.

- If the preschool were to leave, there would be no bonding with the older kids.

- This is one of the best places to be.

(+) Pat Bucauvich - Holy Family Day Home

- He is here to support this project.

- He works for a day school that provides assistance for children of people of low income or are homeless.

- Holy Family Day School supports this project completely.

(+) Gayle Tsern Strang - Children's Day School

- She is a board member of the school.

- Her children attend the school.

- This request is for the prefabricated building which will contain a small common deck.

- This proposal has a far less environmental impact than what was proposed in the beginning.

- The project will facilitate the execution of the master plan, which will be before the Commission in about five years.

ACTION: Approved

AYES: Antonini, Boyd, Hughes, S. Lee

NAYES: Bradford Bell and Feldstein

ABSENT: William Lee

MOTION: 16683

10. 2003.0747C (A. LIGHT: (415) 558-6254)

1015 STOCKTON STREET - west side between Clay and Washington Streets, in Assessor's Block 192, Lot 3. Request for a Conditional Use authorization to operate a financial service (bank) in the Chinatown Residential/Neighborhood Commercial (CR/NC) Zoning District. The subject property is zoned CR/NC, and is in a 65-85-N Height and Bulk District. The proposal is to operate a branch location of Cathay Bank in the 2,205 square-foot ground floor retail tenant space in the existing three-story residential hotel building. The vacant retail tenant space was most recently occupied by a Verizon cell phone store. The proposal includes new signage, as well as interior tenant improvements. No expansion of the retail tenant space is proposed.

Preliminary Recommendation: Approval with Conditions

SPEAKER(S):

(+) Dan Sullivan - Representing Project Sponsor

- This is a site that was a bank not that long ago.

- Cathay Bank plans to serve the community that surrounds it.

- There are many banks in San Francisco that are "Chinese banks" that take care of everyone in the community.

ACTION: Approved

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

ABSENT: William Lee

MOTION: 16684

11. 2003.0809C (M. WOODS: (415) 558-6315)

707-719 CLEMENT STREET - south side, between 8th and 9th Avenues; Lots 36 and 38 in Assessor's Block 1440 - Request for Conditional Use authorization under Sections 121.1, 121.2, 303, 716.11, 716.21 and 716.45 of the Planning Code to allow an interior opening connecting two retail stores operated by one ownership (the Richmond New May Wah Supermarket) for a combined gross floor area of approximately 17,300 square feet and a lot size of approximately 10,300 square feet, in the Inner Clement Street Neighborhood Commercial District and an 40-X Height and Bulk District, where use size over 2,500 sq. ft., lot size over 5,000 sq. ft. and on-site liquor sales require Conditional Use.. The proposed project involves interior alteration only. The building envelope would remain the same.

Preliminary Recommendation: Approval with Conditions

NOTE: Re-advertised due to increase in gross square footage of the proposed project from approximately 11,700 square feet to approximately 17,300 square feet.

(Continued from Regular Meeting of October 23, 2003)

SPEAKER(S):

(+) Dan Sullivan - Representing Project Sponsor

- He clarified that the mis-advertisement of the floor area was a misunderstanding and an error on his part.

- The square footage is the same as the amount when Woolworth and Walgreen's occupied the space.

- The interconnections are very minor.

- The integrity of the buildings is not being compromised at all.

ACTION: Approved with an additional finding that the sponsor represented that they would close the existing store by July 1, 2004. Also, add a good neighbor condition that the project sponsor be responsible for periodic steam cleaning the sidewalk.

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

ABSENT: William Lee

MOTION: 16685

12. 2003.0280C (R. CRAWFORD: (415) 558-6358)

4071 18^TH STREET - south side of 18th Street between Castro and Hartford Streets Assessor's Block 3583 Lot 075 Request under Planning Code Section 161(j) for Conditional Use Authorization for a reduction in off street parking requirements for dwellings from four spaces to 0 spaces for a Project that will demolish an existing two story commercial building and replace it with a four story 6,400 square foot mixed use building with less than 1,999 square feet of commercial space and four residential units above. This project lies within the Castro Street Neighborhood Commercial District and the 40-X Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

SPEAKER(S):

(+) Jennifer Cofield - Shibarro Architects

- She displayed diagrams and photos of the project.

- The project will contain set backs to reduce the massing. Each floor does have access to the back yard with open space, etc.

(-) Florence Garcia

- She lives around the corner from the proposed project and there are already problems with parking. It is always a challenge. This project will create more parking problems in the neighborhood.

- Her other concern is that the project will also change the character of the neighborhood.

- Tearing down a project causes many, many problems.

- She does not see any positive results from this project.

(+/-) Robert Quinn

- In general he supports this project.

- Any time there is an opportunity to create mixed-use is a good one.

- He does not believe that this will be affordable housing for families. Instead, singles will be subletting and each will have their own car and cause more parking problems in the area.

- He does not want a deck built in the back yard because it will come right up to his back yard.

(+) Sam Sung

- He went to the three neighborhood associations and asked what they would need in order to support his project.

- He has taken the recommendations from the three neighborhood groups and this project reflects it.

(+) Imad Bitar

- He has had a store on 18th and Castro for the last 10 years.

- This project will improve the neighborhood.

- Although he agrees that this area has parking problems, so do many other neighborhoods in the City.

Hiley Murr

He supports the project.

- It will increase housing in the Castro.

- It also has the endorsement from the three neighborhood associations so this makes him believe that it is a good project.

Alan Butar

- He owns a store on Castro Street.

- He supports this project.

ACTION: Hearing held. Public Comment Closed. Item continued to January 14, 2004 in order to get better and more detailed plans.

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

ABSENT: Boyd and William Lee

13. 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 under Sections 121.1, 121.2, 151, 157, 204.5, 303, 711.11 and 711.21 of the Planning Code for lot size, use size and accessory parking 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

(Continued from Regular Meeting of September 18, 2003)

SPEAKER(S): None

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

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

ABSENT: William Lee

14. 2003.0967T (P. LORD: (415) 558-6311)

BOARD OF SUPERVISORS APPEALS EXTENSION - Consideration of an Ordinance amending San Francisco Planning Code Section 308.1 to extend deadlines by ten days, from 30 days to 40 days, for scheduling and/or deciding appeals under Section 308.1 when the Board of Supervisors does not conduct at least three regular meetings during a deadline period.

Preliminary Recommendation: Approval

SPEAKER(S): None

ACTION: Approved

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

ABSENT: Boyd and William Lee

MOTION: 16686

15. 2003.0892C (J. PURVIS: (415) 558-6354)

1350-1352 THOMAS AVENUE - north side between Ingalls and Jennings Streets; Lot 007 in Assessor's Block 4791 - Request for Conditional Use Authorization under Planning Code Section 121(f) to subdivide one lot into two lots of less than the minimum 25-foot width for the construction of two single-family dwellings. The existing lot is 37.5 feet wide, and the two newly created lots would be 18.75 feet wide, with an area of 1,875 square feet. The site is within an RH-1 (Residential, House, Single-Family) Zoning District with a 40-X Height and Bulk designation.

Preliminary Recommendation: Disapproval

SPEAKER(S):

(+) Bruce Bauman - Representing Project Sponsor

- This project is necessary and desirable because it will provide housing.

- The Planning Department is recommending disapproval because it is precedent setting. He has worked on various projects in the neighborhood that have already set a precedent.

- Housing of this size is appropriate, compatible and desirable.

- If there were vacant lots, he would have to look closely to see if it would provide viable housing.

(+) Mike Murray - Project Sponsor

- He has done a study of the surrounding properties and the majority of the housing consists of two-bedroom units. He has done this study within a 12-block radius.

- He displayed photographs of the various homes that have a large square footage.

(+) Paraic O'Donaghue

- He continued displaying the photographs the previous speaker had started to present.

(+/-) Fredded Person

- He would like to see something that is better than what is there now.

- He supports the project.

(+) Leroy Moore

- He has been living in the neighborhood since 1942.

- This project is a good idea. It would be nice to have a new development in the neighborhood.

(+) Marvin Smith

- He was raised in the neighborhood.

- He too would like to see housing as well as provide employment to the young people in the neighborhood.

(+) Mack Burton

- He owns a small construction company.

- He was raised in the area.

- There are so many substandard houses in the neighborhood.

- It would be an asset for the neighborhood as well.

(+) Sergio Iantorno

- He used to own the house next door to the proposed site.

- The Commission is concerned about the size of the project but in the eyes of a lay person, they cannot distinguish between a 30 or 40 foot wide project.

- The new houses will provide housing for a family, which is very much needed.

- He supports this project.

(+) Berry Casey

- He hopes that the Commission will approve the project.

ACTION: Hearing Held. Public Comment Closed. Item continued to January 15, 2004 so the project can be presented to the Bayview PAC.

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

NAYES: Feldstein

ABSENT: Boyd and William Lee

16. 2003.0142C (J. PURVIS: (415) 558-6354)

3179 23^rd STREET - south side between Shotwell Street nd South Van Ness Avenue; Lot 036 in Assessor's Block 3641 - Request for Conditional Use Authorization under Planning Code Section 209.3(c), to convert six dwelling units into a 22-bed residential care facility within an RH-3 (Residential, House, Three-Bedroom) Use District and a 50-X Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

SPEAKER(S): None

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

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

ABSENT: William Lee

17. 2003.0141C (G. CABREROS: (415) 558-6169)

3535-3555 BALBOA STREET - southeast corner of Lot 018 in Assessor's Block 1608 - Request for Conditional Use Authorization under Planning Code Section 711.81 to create a large institutional use at the second story. The proposal is to demolish the existing one-story commercial building at the southeast corner of the intersection and to construct a horizontal expansion to the existing church and daycare center located to the east and known as Full Life Christian Center. The proposed two-story, 40-foot tall addition would contain two retail spaces (approximately 1,275 square feet each) and a five-car garage at the ground floor and a multi-purpose room at the second story with a rear yard deck over the ground-floor garage. The subject property is within an NC-2 (Small-Scale Neighborhood Commercial) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

SPEAKER(S):

(+) Rev. John Au-Yeung - Full Life Christian Center

- His church has been in the neighborhood for the last 20 years.

- They serve various age groups of the community.

- They want to promote the community and offer a variety of programs.

- They also would like to have two retail units in order to keep up the business aspects of the neighborhood.

- Their church has been very crowded.

- He urged the Commission to approve the project.

(+/-) Stanley Siu

- He owns property right next to the subject property.

- He has kitchen and bathroom windows that are about 15 feet high. He is worried that if the building is 40 feet high, he will loose privacy. If the building is too close to his house, he will lose sunlight.

- He does not oppose the expansion, but would like to have his issues resolved.

(+) Sandra Payne - Full Life Christian Center

- They have various community outreach programs.

- Because of the rain, the children were not able to go trick-or-treating. With the proposed construction, they would be able to increase their indoor activities.

- There are a lot of after school programs.

- In lieu of having everyone here speak, she asked that supporting members stand up (about 30 people stood up).

ACTION: Approved with Conditions as Modified: 1) modify rear setback; 2) hours of demolition construction on Saturday shall be 8:00 a.m. to 6:00 p.m. and no demolition construction work on Sunday.

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

ABSENT: Boyd and William Lee

MOTION: 16687

18. 2002.1086C (M. SNYDER: (415) 575-6891)

501 2ND STREET - southeast corner of 2nd Street and Bryant Street, Lot 67 in Block 3774 - Request for Conditional Use authorization under Planning Code Section 304 to amend a previous Planned Unit Development authorization (Case No. 1982.591C) to reduce the parking requirement (and legalize the existing parking condition) from 169 spaces to 141 spaces. The property is within an SSO (Service / Secondary Office) District and a 50-X Height and Bulk District. The original approval for 501 2nd was for a 188,000 square feet of office use and 169 valet parking spaces. The parking requirement of 169 spaces was to serve both the office use at 501 2nd Street and the 49 Live/work units at 355 Bryant Street, immediately to the east.

Preliminary Recommendation: Approval with Conditions

SPEAKER(S):

(+) Dan Kinsgley - SKS Investments

- They purchased this building knowing that the previous owner was not in compliance with parking. A mechanical parking lift was a choice.

- It was their opinion that sharing the garage because of the different hours of operation would be just fine.

- This is not going to create any unmet demands in the neighborhood.

ACTION: Approved

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

ABSENT: Boyd and William Lee

MOTION: 16688

19a. 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 - Adopting findings under the California Environmental Qualtity Act, as described in a Final Mitigated Negative Declaration dated September 22, 2003, in connection with a proposal 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. 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 entitlement hearings.

Preliminary Recommendation: Adopt CEQA Findings

(Continued from Regular Meeting of October 23, 2003)

SPEAKER(S): None

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

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

ABSENT: William Lee

19b. 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 requested exceptions are for bulk requirements of Section 270 and for excedences of the pedestrian comfort wind speed criteria of Section 148. 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 with Conditions

(Continued from Regular Meeting of October 23, 2003)

SPEAKER(S): None

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

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

ABSENT: William Lee

19c. 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)), and for parking in excess of accessory amounts (Planning Code Section 204.5) 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. The site is 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, including limiting residential parking at 1:2.

(Continued from Regular Meeting of October 23, 2003)

SPEAKER(S): None

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

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

ABSENT: William Lee

19d. 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).

(Continued from Regular Meeting of October 23, 2003)

SPEAKER(S): None

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

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

ABSENT: William Lee

6:00 p.m.

20. (L. BADINER: (415) 558-6411)

EASTERN NEIGHBORHOODS COMMUNITY PLANNING - The Planning Commission will discuss and possibly adopt Interim Policies and/or discuss and direct staff to prepare a resolution for initiation of Interim Controls. Planning Department staff will provide a status report on the Environmental Review process for the Rezoning of the Eastern Neighborhoods. The Planning Commission will also schedule a subsequent hearing to review and discuss the work scope of Public Benefit Zoning and Community Impact Report (Socio-Economic Analysis) and to discuss non-conforming uses.

Preliminary Recommendation: Adopt Interim Policies

SPEAKER(S):

Michael Yarne - Farella Braun & Martel

- They are involved in the community workshops of Showplace Square.

- They have been exploring the probability of an 800 unit mixed use project.

- He hopes that the EIR can be repaired in the next two years.

- He spoke in favor of interim policies.

- Residential and PDR uses can coexist in the design/showplace square area.

- If the 1 to 4 ratios are enacted, this would impact various projects of his.

- He warns the Commission to look closely at these policies.

Barry Campbell - Bay West Group

- Bay West Group operates the San Francisco Design Center.

- They have participated in every step of the community planning process.

- They are still waiting for an outcome after two years.

- Adding a significant amount of mixed-use housing makes good sense.

- Adopting the interim policies would encourage projects that would make the area safe and a 24/7 district.

- The ratio was never discussed before.

- They fully support the adoption of the policy after modifying the ratio.

Eric Quezada - Mission Anti-Displacement Coalition

- Interim controls have brought them together to discuss important issues.

- They believe that interim controls will allow them not to have to discuss every single project as opposed to policies.

- If there are no interim controls in the next 18 months and the economy gets better, this will get out of control.

- Although they want to look at the goals of the interim controls, the goals of the planning process should be considered as well.

Luis Granados - Mission Anti-Displacement Coalition

- He thanked the Commission for following up on the recommendations made to staff at the previous meeting.

- He is in support of interim controls and not policies.

- PDR businesses will create about 45,000 jobs.

- There is a definite economic business to protecting the businesses.

- He differs from staff on the threshold stated.

- He urged the Commission to direct staff to adopt interim controls.

Charlie Sciammas - MAC

- They are happy that the department is moving forward on the environmental impact analysis.

- The spirit of the rezoning process has been more clearly defined in controls.

- Interim controls are very much needed since currently they have been looking over projects on a case-by-case basis.

My Do - Mission Economic Development Association

- The adoption of interim controls will allow PDR businesses to remain.

- These businesses provide economic viability to the City.

- PDR businesses provide 50.5 million dollars in tax revenue.

Cris Selig (speaking on behalf of Oscar Grande)

- She is in support of interim controls not policies.

- Work upfront will save many hours of work and will cut down long hearings.

- She urged the Commission to move and make a decision tonight. The content can be thought out and explained in the coming months.

Ada Chan - Mission Anti-Displacement Coalition

- The Eastern Neighborhoods planning process began because of development that occurred, speculation, and the many battles that took place here both in front of this commission and the previous commission.

- The City and the department has spent over $700,000 of planning staff time to develop the plans today. MAC does not want to be seen as holding developers "hostage."

- They want the small and large developers to have clear guidelines so that no one has to come here again and begin another battle.

- She encouraged the Commission to start the interim controls, defining the legislation in order to schedule a date for that presentation.

Cris Durazo - South of Market Community Action Network

- She encouraged staff to direct staff to pass the resolution.

- She is concerned that she has not heard of a community planning process for West SOMA.

- South of Market faces the most devastation with development if these controls are not imposed and implemented.

Curtis Eisenberger - Mission Coalition for Economic Justice and Jobs

- He thanked staff for their outreach with the Mission Coalition.

- They recently saw the documents so they have not had time to assimilate them.

- He urged the Commission to use caution with the maps of the NEMIZ. The definition of PDR still needs to be worked on, etc.

- If there is a choice with interim controls to interim policies, they would choose policies.

- The NEMIZ should be looked at in a separate way.

Dick Millet - Potrero Boosters

- The document, which is available to the public, has a lot of inconsistencies and errors.

- He does not want any action today because he has not had time to analyze the document.

Dan Kingsley - SKS Investments

- They are owners of various SOMA buildings.

- He received a copy of this document from a neighbor just yesterday.

- It is important to set a standard in sending out these documents, maybe via email.

- There are a lot of concerns with property and business owners about the impacts of non-conforming uses.

- He urged the Commission to accelerate this process.

Fred Snyder

- He is a property owner in the NEMIZ.

- He thanked Larry Badiner for meeting with them and jump-starting their process.

- He feels that there is a need to continue this issue in order to understand what is going on.

- The Mission should be separated in order to talk about it and understand it better.

- Interim controls have already been in his neighborhood for two years. He believes that this is all they can have.

- It is important to protect the businesses and the jobs.

Judy West

- She lives and works in the NEMIZ.

- She realizes that the current Commission was not present when all the dialog and inconformity was going on so a lot of the essence was lost.

- The Commission needs to think of what would be the impact of buildings in liquefaction zones.

Robert Meyers

- He supports interim policies and not the controls.

- Interim controls would especially harm East SOMA because the area already has the most restrictive zoning in the City.

- Further restrictions would prevent anything at all from being built.

- He wants to focus on staff's proposal for the one new square foot of PDR requirement for each floor square feet of new housing. This sounds worthy but he believes that it is flawed and would discourage new housing.

- What is the incentive of building larger units if at the same time more PDR space needs to be built that would require a subsidy by the builder.

Julie Milburn - Facilities Director of the California School of Arts and Crafts

- They have a 24 hours school in a very desolate area.

- There are sad, tragic people moving in after dark.

- She is delighted that this process is moving forward.

- They cannot manage with anything more restricting than what they have now.

- 1:4 for PDR is simply way to high.

Tay Via - Coblentz, Patch, Duffy & Bass

- The one specific point that was confusing to them was that people that were involved in the Western SOMA process were very surprised to see this in the interim controls.

- The Western SOMA has been a very active group.

- She suggests that the Commission delete Western SOMA from this process.

Steve Vettel - Dolbe Laboratories

- On page 8 and 9 of the PDR information handout from staff, it states that PDR doesn't exist. All of a sudden Dolbe Labs would be classified as medium PDR and according to the handout it would become core PDR.

- In overlay districts, core PDR is not permitted.

- He is in favor of interim policies and not interim controls.

Jeffrey Leibovitz

- He lives in Eastern SOMA. He supports the policies of Eastern SOMA.

- He wants to continue the policy of DR in the Eastern SOMA.

- He does not want to see this process get further politicized. Everyone has been frustrated with this process.

- Once this document goes before the BOS, there is a possibility that it will be revised.

- The majority of the people of this City have complete confidence in the Commission to take the discretion to decide on policies.

Michael Burke - Elman, Burke, Koffman and Johnson

- His comments are strictly regarding the NEMIZ.

- He read a letter from Lion Enterprises who is the owner of a building at 2525 16th Street. He requests that you retain the M-1 use in that area.

In the NEMIZ, the residents have been subject to interim controls.

Richie Hart

- He wants to echo the sentiments of the speakers this evening.

- He wants another opportunity to continue public comment.

- If the new guidelines go from 1 to 200, which is higher density, he believes that it is better to stay with the current zoning.

- 4 to 1 PDR would not allow any banks to support builders.

- Housing is harder than it was a few years ago.

- Interim controls are a disaster.

ACTION: Public Hearing Closed for Today. No Action Taken. Item Rescheduled for November 20, 2003.

AYES: Antonini, Bradford Bell, Boyd, Feldstein, Hughes

ABSENT: Sue Lee and William Lee

E. 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: 8:25 p.m. - In memory of Nicholas Summerfield.

THESE MINUTES ARE PROPOSED FOR ADOPTION AT THE REGULAR MEETING OF THE PLANNING COMMISSION ON THURSDAY, DECEMBER 18, 2003.

SPEAKER(S): None

ACTION: Approved

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

EXCUSED: W. Lee