December 04, 2003

SAN FRANCISCO
PLANNING COMMISSION

Meeting Minutes

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

Thursday, December 4, 2003
1:30 PM

Regular Meeting

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

COMMISSIONERS ABSENT: Edgar E. Boyd

THE MEETING WAS CALLED TO ORDER BY PRESIDENT BRADFORD BELL AT 1:37 p.m.

STAFF IN ATTENDANCE: Larry Badiner - Acting Director of Planning; Jim Nixon - Acting Zoning Administrator; Amit Ghosh; David Alumbaugh; Steven Shotland; Marshall Foster; Joshua Switzky; Jim Miller; Max Putra; Mary Woods; Glen Cabreros; Geoffrey Nelson; Nora Priego - Transcription Secretary; Linda Avery -- Commission Secretary

A. CONSIDERATION OF ITEMS PROPOSED FOR CONTINUANCE

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

1a. 2002.0605CV (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.

(Continued from Regular Meeting of October 2, 2003)

(Proposed for Continuance to December 18, 2003)

SPEAKER(S): None

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

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

ABSENT: Boyd and Hughes

1b. 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.

(Continued from Regular Meeting of October 2, 2003)

(Proposed for Continuance to December 18, 2003)

SPEAKER(S): None

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

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

ABSENT: Boyd and Hughes

2. 2003.1077C (E. TOPE: (415) 558-6316)

1970 McALLISTER STREET - north side between Central Avenue and Lyon Street; Lot 014 in Assessor's Block 1159 - Request for Conditional Use Authorization pursuant to Planning Code Section 185 to allow a five-year extension of an existing nonconforming automobile repair garage (Carlos Exclusive Auto Service) in an RM-1 (Residential, Mixed, Low Density) District and a 40-X Height and Bulk District. Preliminary Recommendation: Approval with Conditions

(Proposed for Continuance to February 5, 2004)

SPEAKER(S): None

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

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

ABSENT: Boyd and Hughes

B. COMMISSIONERS' QUESTIONS AND MATTERS

3. Consideration of Adoption - draft minutes of November 6, 2003.

SPEAKER(S): None

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

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

ABSENT: Boyd and Hughes

4. Commission Comments/Questions

Commissioner Bill Lee:

He requested that staff work with the Department of Public Works regarding the placement of PG&E Capacitors on City Streets and set up some guidelines. Some of these capacitors should be grounded and not on posts. As part of the priorities for the Planning Department for next year, staff should figure out if there is a way to regulate a placement for these capacitors.

Commissioner Bradford Bell:

- Wished a happy birthday to Jim Nixon.

- Wished a happy anniversary (2 year with the department) to Jean Paul Samaha.

Commissioner Antonini:

- In case the public was not able to see last week's hearing, he had asked for the amendment process to possibly begin on the Housing Element before such time as the environmental review was complete and basically the feeling from the Commission was that that was not what they wanted to do.

Commissioner Sue Lee:

- Regarding the Board of Supervisors not having a process in place to deal with appeals. She asked if staff had communicated this question to the Board of Supervisors.

Acting Director Badiner responded:

- He feels that staff has communicated this in an informal way to the Board of Supervisors. The first of these appeals is coming up next week for 701 Lombard Street. He was going to make a somewhat impassioned plea at that time.

- Everybody deserves a clear process.

Commissioner Sue Lee:

- She requested that staff submit a letter regarding this issue to the Board of Supervisors.

Jean Paul Samaha:

- Supervisor Peskin has introduced legislation about the CEQA appeals to the Board of Supervisors.

Commissioner Bradford Bell:

- She also wished a happy birthday to Linda Avery.

C. DIRECTOR'S REPORT

5. Director's Announcements

Re: Changes in Last Year's Budget

- In September, staff reported on the changes in last year's budget. A few weeks ago staff reported on the audit. It is now time to start working on next year's budget.

- Staff has begun discussions on the budget although we have not received formal instructions from the Mayor's Office.

- He wants to start this so that Commissioners can begin to make comments on various issues like the work program, what the priorities are, etc.

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

BOS - November 25, 2003 Hearing:

Land Use Committee Meeting

888 Howard Street

- This was a hotel that was approved by the previous Commission. It is a 34 story hotel that required rezoning for a height reclassification and some changes in terms of transfer development rights because there were not enough in the District to building this project. The Staff and the Commission had concerns about open space. The open space did not meet the solar access guidelines. The determination was that about 4,000 square feet more of open space should be developed.

- The Board recommended approval of the reclassifications that allowed the project to go ahead. Without comment, the Board approved it. He apologized, but does not remember the vote.

BOA:

3632 Sacramento Street

In 1992, the Commission allowed the conversion of a dwelling unit to office on the second floor. There was a window of opportunity when this could be done legally. The owner of the building died and the new owner tried to get the permit later but the Planning Department would not allowed it. This was appealed to the Board. The City Attorney advised the Board that they could not hear the case but they heard it anyway. The Board overturned the Commission's decision and allowed the conversion of the dwelling unit.

D. REGULAR CALENDAR

7a. 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 Quality 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 November 13, 2003)

SPEAKER(S):

(+) Eric Tao - AGI Capital

- The project is scaled appropriately for future growth and development of the area.

- The project is consistent with the San Francisco General Plan.

- The project is also designed by an award winning architectural firm.

- The project has also met requirements by various neighborhood groups.

- The EIR has demonstrated that there will be a demand in parking.

(+) John Sheeky - Architects International

- The architect gave a PowerPoint presentation on the architectural aspects of the project.

(+) Jim Haas - Civic Pride

- This project is a residential project and will help the area become a residential neighborhood.

- The mid-Market PAC EIR states that there will be a parking deficit in the next few years.

- Civic Center is a very unique place.

- All the surface parking is disappearing.

- The parking garage will fill a great need to keep the area vibrant and flourishing.

(-/+) Jeremy Nelson - Transportation for a Livable City

- He opposes this project on behalf of TLC. If one looks at the residential and the commercial, it would be a good project.

- The parking garage is a dead streetscape.

- This City deserves world-class development.

- He recommends that the Commission direct the developer to construct more housing and less parking and to make the 5 stories along Stevenson Street a little bit more active.

- The developer can make a good project even better.

(+) Jim Salinas - Carpenter's Union Local 22

- The members that he represents support this project because the project sponsor has taken his responsibilities very seriously.

- This is a better use for that piece of property. There is a demand for parking in the area.

- The affordable housing component can only help the City of San Francisco.

- He hopes to see young brothers and sisters start new careers because of this project.

- He asked the Commission to support this project.

(+) Vicky Velarde

- She lives in Santa Rosa, but comes to enjoy the theatre in the Civic Center area.

- Transportation into and out of San Francisco is very difficult.

- At night parking is difficult and sometimes impossible.

- It would be nice to have a parking garage that would be safe and well lit adding to her ability to enjoy the wonderful City of San Francisco.

(-) Norman Rolfe - San Francisco Tomorrow

- San Francisco already has traffic congestion problems. It is important to put more people on public transportation.

- Parking breeds autos.

- People should be encouraged to take public transportation and discouraged to drive.

- He would like to limit the residential parking to 1 to 4 and require that the parking be underground.

(-) Cheryl Brinkman - Walk San Francisco

- There are a large number of people who would prefer to walk if the area was safer.

- The blank walls in the existing alley will be very dangerous.

- They have been working very hard to encourage people to walk.

- The Planning Commission should be working with them to increase the safety of the area.

(-) Leah Shahum - - San Francisco Bicycle Coalition

- Their offices are located near the area where the project is being proposed.

- Bike and pedestrian conditions are being improved.

- They oppose the parking proposal.

(-) Howard Strassner - Sierra Club

- The Sierra Club opposes the parking garage.

- This parking garage is not necessary so the Commission should oppose it.

(-) David Wilbur - Mid-Market PAC

- He thanked the developers for coming to the mid-Market PAC to present this project.

- It is true that an entertainment district is being planned. But a garage would only cause a lot of congestion.

- Comb the streets; add cafes, bars, restaurants, etc is what needs to be done instead to revitalize the area.

(-) David Snyder - Transportation for a Livable City

- There are various organizations that are opposing the parking garage.

- He requested that the Commission deny this conditional use.

- The reason why the parking demand has not been demonstrated is because the parking garages are not being used to their entirety and car-pooling has not been taken into account.

- This commission should not approve this project until there is a thorough analysis of a multi livable system

(-) Sue Hestor

- The parking garages around the City are very unpleasant to walk by.

- The issue of parking is very huge.

- No one is opposing the housing aspect of this project. Everyone is only opposing the parking.

- This project will deaden the area.

ACTION: Adopted CEQA Findings

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

ABSENT: Boyd

MOTION: 16691

7b. 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 November 13, 2003)

SPEAKER(S): Same as those listed for Item 7a.

ACTION: Approved as Amended: 1) 10, 3-bedroom units; 2) 98, 2-bedroom units; and 3) 3:4 parking ratio for residential units.

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

NAYES: Bradford Bell and Feldstein

ABSENT: Boyd

MOTION: 16692

7c. 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 November 13, 2003)

SPEAKER(S): Same as those listed for Item 7a.

ACTION: Approved

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

NAYES: Bradford Bell and Feldstein

ABSENT: Boyd

MOTION: 16693

7d. 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 November 13, 2003)

SPEAKER(S): Same as those listed for Item 7a.

ACTION: Zoning Administrator Closed the Public Hearing and Granted the Variance for Exposure.

Items 8 and 9 were called and heard together following item 6.

8. (D. ALUMBAUGH: (415) 558-6601)

RINCON HILL PLAN DRAFT FOR PUBLIC DISCUSSION -

Informational presentation on the Draft for Public Discussion of the Rincon Hill Plan.

Preliminary Recommendation: None: Informational Presentation

Rick Kaufman - City Core Development

- 333 Fremont Street is a project he is working on.

- The projects that have been applied for already should not be "held hostage" as the City finds a way to act.

- The housing crisis is clear. He requests that the Commission do what is best to move these projects along swiftly.

- It is important to have communication between the Commission, the Department and the Public.

- He has never seen a model of how increasing the cost of building homes is going to provide affordable housing.

Debra Stein

- She commended staff on their vision of the neighborhood on a micro level.

- Action needs to be taken today and guidance provided to staff in order to apply the policies that the Commission wants to establish.

- There should be a more realistic housing plan.

- There is a suggestion that the view protection plan will assure the creation of a 40 to 60 foot height towers.

- Housing optimization plan is more important than this view protection plan.

Rev. Arnold Townsend

- In this plan any off site affordable housing that is created in Rincon can only be used in Rincon.

- It is difficult to find inexpensive land in the Rincon Hill area.

- It is important to do off site housing.

- If housing is built in Rincon, all of San Francisco should benefit.

- He urges the Commission to direct staff to rethink this issue.

- Every onramp to Freeways start in SOMA.

Trevor Boddy

- He urges the Commission to reconsider all current development applications in the Rincon area.

- It is important to very carefully examine the schemes.

James Haas - Transbay CAC

- He has been involved in the Rincon community for many years.

- The whole motivation started on what to do with the old bus station.

- The issues of financing and what the terminal will look like are still things to look at.

- There is still a lot of Planning to do and the public or the Commission should not rush into things.

Gabriel Metcalf

- The staff has done incredible urban planning design work.

- He is in favor of putting the urban design goal and balancing that with the housing design goals.

- This area is an incredible place to put housing.

- It is irresponsible to put forward exactions without really analyzing and studying the fees.

- It is important to be extremely cautions.

David White - SPUR

- He was hired to do a neighborhood needs assessment.

- There are still a lot of issues that need to be studied before this plan can be put forward.

- He will be working with various companies to prepare this assessment.

Steve Wilson, attorney - representing Archdiocese of San Francisco

- He is working on a project at 99 Fremont Street.

- They have taken a quantum leap on this plan but there is still much more that is needed.

- He asks that the Commission give staff more direction.

- The housing is the most important aspect and what the City really needs.

- The plan collides with government code 53313.

Ron Carlson - RC & Associates

- The area is not appropriate for such tall projects.

- He is a native San Franciscan and there are a lot of differences between Vancouver and San Francisco.

Lu Blazej

- He displayed a document: "Existing Height and Bulk Districts" explaining how he did not understand why this document was not provided to the Commissioners.

- He urged staff to do a plan that would optimize more housing in the area.

Clark Manus, Architect

- He commended staff on a very well put together document but with serious flaws.

- The presentation actually did not provide him with the information that is in the document.

- He lives in the real world so there are issues that still needs to be dealt with.

- Mixed Use is what the public wants to see here.

- One of the things that the department has failed to do is [consider] the dynamics regarding high rise residential buildings.

- He does not dispute the department's desire to promote tower separations.

- Section 270 and 271 cannot be applied.

Roger Brandon

- The area is not a neighborhood, but is part of the downtown business area.

- What kind of people want to live in residential towers in the downtown area?

- This is the densest plan in the City.

- This is all a bad idea.

- This project should not be passed.

Dick Millet

- He is opposed to the 200-foot height limit.

- He is having trouble with obtaining the information from the department. He is getting information from the newspapers.

- There are plenty of other areas to build these type of things.

Kelly Dearman

- She has been trying to get people qualified to purchase units from a 20-unit building 20 units in the Bay View.

- People are excited to purchase units in their own neighborhood.

- If developers continue to have the option of off-site, affordable housing will be built in various neighborhoods.

- She urges the Commission to direct staff to continue to build off site housing.

Sue Hestor

- She reminded the Commission that there are two presentations from staff.

- The spacing between the towers should be large.

- The Commission needs to direct staff that the public needs independent full urban design information.

- The public would go to the Board of Supervisors with the Commission to request money to be able to have these studies done.

Tim Tosta

- He presented a study from the City of San Jose regarding economic development.

- It would be misleading that the Redevelopment Agency and Planning are closely working together.

- There are a number of issues here that still need to be dealt with.

Calvin Welsh

- The principal need in San Francisco is for affordable housing.

- It is important to house the projected work force.

- The economic and social realty needs to be analyzed.

- Staff has been silent on the issue of affordability.

- The need is for affordable housing and not just housing.

- There is some great discussion that the staff recommendation for this area is a public benefit fee.

- A fee is absolutely critical.

Theodore Brown

- He has been working on a project on Fremont Street for two years.

- Everything required for this project has been filed. Now with this plan, everything has been changed on him.

Joe O'Donaghue

- Everything needs to be analyzed together and there is no financial analysis or model and this is essential.

- The cost of concrete construction is now cheaper than that of frame construction. The cost of plywood has doubled.

- A lot more data is needed as well as a comprehensive plan.

Steve Vettel

- He commended staff on a very good plan.

- All the comments heard here today should be incorporated into the report.

- At the Bank of America site there are two towers being proposed.

- In order to do this, the building will have to be demolished. One thing that surprised him is that there is mention of preserving the tower. There cannot be a planned unit development if the tower is intended to be preserved.

Bob Meyers

- He urges the support of the 80-foot tower separation and the 250-foot height limit.

- He strongly opposes the staff's preferred option.

- Rincon is not Transbay and it is especially not Vancouver.

- He urges the Commission to support reality.

Marilyn Amini

- The Commission has already approved two projects that are not in conformance with the plan being presented.

- She asks that the Commission reconsider the decision on the Folsom and Spear Street project.

- It is important to do an environmental review for this area.

ACTION: Hearing Held. Informational Presentation Only. No Action Required by the Commission.

9. (D. ALUMBAUGH: (415) 558-6601)

TRANSBAY REDEVELOPMENT PROJECT AREA DESIGN FOR DEVELOPMENT -

Informational Presentation by the SF Redevelopment Agency on the Transbay Redevelopment Area Design for Development Plan.

Preliminary Recommendation: None: Informational Presentation

SPEAKER(S): Same as those listed for Item 8.

ACTION: Hearing Held. Informational Presentation Only. No Action Required by the Commission.

10. (PUTRA/WILSON: (415) 558-6233/558-6163)

RESIDENTIAL DESIGN GUIDELINES - Presentation on the revised Residential Design Guidelines (Guidelines) for all residential projects in RH (Residential House) and RM (Residential Mixed-Density) zoning districts. This is the third and final public hearing on the proposed Guidelines to provide the Planning Commission with all modifications made to the Guidelines after receiving comments and recommendations from the public and the Planning Commission at the May 22, 2003 and the October 23, 2003 hearings, and at follow up meetings held by Department staff with the public.

Preliminary Recommendation: Adopt the draft version of the December 2003 Residential Design Guidelines as policy.

SPEAKER(S):

Jerry Lax

- He has worked in San Francisco for 24 years.

- He is concerned about some of the limitations associated with the guidelines.

- The projects that he has worked on over the years would not meet the guidelines being proposed.

- He has met with staff and staff has integrated a setback, which he has applied to his projects.

Ron Miguel

- He has commented before on the Residential Design Guidelines.

- There were two comments made today regarding the manner in which the residential design guidelines are being handled throughout the department. One is that clarity and consistency are very important. The other is that he was please that the guidelines will not be instituted immediately in order to give time for training of staff.

- Many times there is confusion with the public because of the interpretation from staff when there is no consistency.

- It is important that staff learn how to interpret them so that the public knows where they stand at all times.

John Slessinger - American Institute of Architects

- The idea behind the letter he submitted is just to suggest friendly amendments in future hearings regarding the guidelines.

- They have reviewed the guidelines.

- Some of the most important items to consider are that the Commission and staff recognized that there will be items that will come back during future hearings. There isn't enough information regarding solar access and solar collectors. He urges the Commission to direct staff to obtain a companion piece to the guidelines for zoning regulations on this.

- Also, the issue of height and bulk needs to be clear.

Marilyn Amini

- She requested that the Commission not take an action today because it was not available until last Monday.

- The resolution that is before the Commission states that the guidelines will be required in the project design and community response process. Also the Planning Executive Summary states that there are new issues that need to be addressed.

- The public needs more time to have an opportunity to respond.

- The resolution also has a date of today, but the hearing is just happening.

- If the guidelines were made more specific, it would help planners to solve disagreements.

ACTION: Approved as Amended:

1) Delete solar panel language with the stipulation that staff will continue to work with the relevant departments and bring it back for possible amendments in six months; 2) clean up typos and unclear language; 3) clarify the language on the historical resource section starting on page 49.

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

ABSENT: Boyd

MOTION: 16694

11. 2003.0865C (D. DIBARTOLO: (415) 558-6291)

1356 GRANT AVENUE, southeast corner at Green Street; Lot 051 in Assessor's Block 0132: Request for Conditional Use authorization under Section 722.42 of the Planning Code to establish a Full-Service Restaurant in the North Beach Neighborhood Commercial District (NCD) and a 40-X Height and Bulk District. The proposal is to allow a Full-Service Restaurant (serving Thai food) to operate within the North Beach Neighborhood Commercial District. This proposal would reduce the size of the existing Retail Video Store, on the ground level, from 2,400 square feet to 800 square feet, converting 1,600 square feet for the establishment of the new Full-Service Restaurant. The proposal will also renovate the existing storefront, but not expand the existing building.

Preliminary recommendation: Approval with Conditions

SPEAKER(S): None

ACTION: Approved

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

ABSENT: Antonini and Boyd

MOTION: 16695

12. 2003.0924C (D. DIBARTOLO: (415) 558-6291)

659 COLUMBUS AVENUE - west side between Union and Filbert Streets; Lot 003 in Assessor's Block 0101: Request for Conditional Use authorization to add a Full Bar at the existing Full-Service Restaurant under Section 722.41 of the Planning Code in the North Beach Neighborhood Commercial District (NCD) and a 40-X Height and Bulk District. At present, the restaurant (dba "Frankie's") is permitted to carry Alcoholic Beverage Control (ABC) license type 41 to serve beer and wine on the premises. Conditional Use Authorization approval will allow the restaurant with bar to carry a license type 47 to serve beer, wine and distilled spirits on the premises. No alteration to the building or any other modifications to the operation of the bar are proposed.

Preliminary recommendation: Approval with Conditions

SPEAKER(S): None

ACTION: Approved

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

ABSENT: Boyd

MOTION: 16696

13. 2003.0963C (D. DIBARTOLO: (415) 558-6291)

1160 POLK STREET (AKA 1157-1199 SUTTER STREET), southeast corner at Sutter Street; Lot 13 in Assessor's Block 0692: Request for Conditional Use authorization to allow amplified live and recorded music and a dance floor (defined as "Other Entertainment" by Planning Code Section 790.38) in an existing 1,530 square foot bar, dba "Vertigo Bar," in the Polk Street Neighborhood Commercial Zoning District and a 65-A Height and Bulk District. Entertainment would occur between 8 p.m. and 1:30 a.m. daily. No alteration to the building or any other modifications to the operation of the bar are proposed.

Preliminary Recommendation: Approval with Conditions

SPEAKER(S):

David Curley

- The project sponsor has been a tenant for a long time.

- The project sponsor has done a fabulous job of making sure that the sidewalk is clean, that there are no homeless people, etc.

ACTION: Approved

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

ABSENT: Boyd

MOTION: 16697

14. 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 November 13, 2003)

SPEAKER(S):

(+) Bruce Qualls - Real Estate Manager for Safeway - Project Sponsor

- The store has been at this location for 44 years.

- The proposed plans will eliminate all the negative concerns that the Planning Department had as well as the neighbors.

(+) Silvano Garcia - Golden Gate Church of Christ

- There are a number of concerns that the neighbors have: a lot of people are opposed to the housing aspect; and are also concerned with parking and traffic.

- They have met with Safeway several times.

- The neighborhood is happy to have the pharmacy.

- One of the things that the church will do is have a computer center so that people can order their groceries online.

(+) Steve Carlson

- He is glad that the housing aspect is no longer part of the project.

- The store as it is now is a great asset to the neighborhood and hopes that the plans are approved.

(+) Mathey Zlatunich

- He has lived in the Richmond for 10 years.

- He has attended the public meetings that Safeway has held.

- Safeway is really making a good neighbor effort to work with the community.

(+) Diana Lee

- She lives on 8^th Avenue directly behind the store.

- She submitted petitions that support the new construction.

- Another petition she submitted was from customers that objected to the housing aspect of the project.

- Everyone loves the fact that the store will be improved.

- She requests that the new construction respect the character and integrity of the nationhood.

(+) Bill Lee

- He agrees with his wife and supports this project.

- Safeway has made a very good effort to be a good neighbor.

(+) Lin Kim Lennie Lee

- She has been a neighbor of Safeway for 40 years.

- The neighbors have responded very positively to this project.

(+) Ron Miguel

- The project sponsor did met with his neighborhood association.

- This is a very unusual store because it is located in a non-commercial district.

- The space is too small for the new store.

- The other amenities are good.

(+) Bruce Bellis

- He has lived in the neighborhood for 25 years and at first was apprehensive about the housing aspect but is glad that that is no longer part of the design.

- The pharmacy replaces one that was lost.

- The traffic in the neighborhood is already going to increase.

(+) Nina Steinman

- She supports this project because the store has been very accommodating to her.

- They feel very comfortable.

- She is concerned about the housing.

ACTION: Approved as Amended:

1) No on-street parking during construction; 2) access to the grocery store during construction will be provided through on-line shopping; 3) a new finding relating to access to the grocery store for Seniors during construction; 4) graffiti abatement; 5) landscaping maintenance; 5) rooftop equipment noise abatement and enclosure.

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

ABSENT: Boyd

MOTION: 16699

15. 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: Disapproval.

(Continued from Regular Meeting of November 13, 2003)

SPEAKER(S): None

ACTION: Without hearing, item continued to January 15, 2004.

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

ABSENT: Hughes

16. 2003.0451C (G. NELSON: (415) 558-6257)

1529-1565 PAGE STREET, south side between Masonic Avenue and Ashbury Street; Lots 023, 027, 028, and 032 in Assessor's Block 1232: Request for Conditional Use authorization pursuant to Sections 209.3(h) and 304(d) of the Planning Code to demolish 2 three-unit apartment buildings (1529 and 1535 Page Street) and construct a 4-story, approximately 19,000 square foot addition to the existing Urban School of San Francisco, within an RM-1 (Residential, Mixed-Use, Low Density) District and a 40-X Height and Bulk District, in the Haight/Ashbury Neighborhood. This proposal requires Conditional Use authorization because it proposes: 1) the expansion of a secondary school in an RM-1 District, 2) it proposes to modify a prior Conditional Use authorization granted in 1993 (Case No. 1993.0094C), and 3) it proposes to develop a project site of over ½ acre (also called a Planned Unit Development, or PUD), which would allow modifications to the standard Code requirements such as rear yard and open space. With the proposed project, the Urban School plans to increase enrollment from 250 to 380 students, as well as increasing full and part-time employees from 50 to 70. The new structure would contain classrooms, offices, a student center, a chemistry lab, and various support spaces. The proposed project would also add one off-street parking space to the existing basement parking at 1563 Page Street.

Preliminary Recommendation: Approval with Conditions

SPEAKER(S): None

ACTION: Without hearing, item continued to January 15, 2004.

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

ABSENT: Boyd and Hughes

17. 2003.0080C (G. NELSON: (415) 558-6257)

2599 LOMBARD STREET - southeast corner at the intersection of Broderick and Lombard Streets; Lot 016 in Assessor's Block 0938 - Request for Conditional Use authorization pursuant to Section 712.83 of the Planning Code to install eight (8) cellular antennas and related equipment cabinets on the roof of the Pacific Motor Inn as part of Verizon's wireless telecommunication network, within the NC-3 (Moderate Scale Neighborhood Commercial) District and a 40-X Height and Bulk District. The proposed antennas would be mounted behind an existing parapet and would not be visible from the street below. The related equipment would be housed in a new 16' wide by 17' long by 7' tall mechanical penthouse that would be partially visible from several uphill residences. Per the City & County of San Francisco's Wireless Telecommunications

Services (WTS) Facilities Siting Guidelines the project site is a Preferred Location Preference 4, as it is a commercial building in an NC-3 District.

Preliminary Recommendation: Approval with Conditions.

(Continued from Regular Meeting of October 23, 2003)

SPEAKER(S): None

ACTION: Without hearing, item continued to January 15, 2004.

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

ABSENT: Boyd and Hughes

18a. 2003.0295CV (G. NELSON: (415) 558-6257)

899 NORTH POINT STREET - southeast corner of North Point and Larkin Streets; Lot 026 in Assessor's Block 0020 - Request for Conditional Use authorization pursuant to Sections 209.1 and 228.3 of the Planning Code to construct an approximately 40-foot tall, 4-story, 5-unit residential structure containing 7 off-street parking spaces in an RH-3 (Residential, House, Three-family) District, the Waterfront Special Use District No. 2 and a 40-X Height and Bulk District. The project site was formerly a service station and is now in use as a parking lot. This proposal requires Conditional Use authorization because 1) it proposes a dwelling unit density of greater than 3 units in an RH-3 District and 2) it proposes to convert a service station use to residential use. This project is also seeking a Variance from the Planning Code, case No. 2003.0295CV.

Preliminary Recommendation: Approval with Conditions

(Continued from Regular Meeting of October 23, 2003)

SPEAKER(S): None

ACTION: Without hearing, item continued to January 22, 2004.

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

ABSENT: Boyd and Hughes

18b. 2003.0295CV (G. NELSON: (415) 558-6257)

899 NORTH POINT STREET - southeast corner of North Point and Larkin Streets; Lot 026 in Assessor's Block 0020 - Request for Variance from Section 134 of the Planning Code to construct a 4-story residential building into the required rear yard. Section 134 of the Planning Code states that the minimum rear yard depth in an RH-3 District shall be equal to 25 percent of the total depth of the lot on which the building is situated. Rather than leave a 22' wide gap in the North Point Street frontage, the proposal is to construct an approximately 40' X 22' portion of the project fully into the rear yard along North Point Street, leaving a comparable rear yard to the interior of the lot of approximately 1,480 square feet.

(Continued from Regular Meeting of October 23, 2003)

SPEAKER(S): None

ACTION: Without hearing, item continued to January 22, 2004.

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

ABSENT: Boyd and Hughes

Item taken out of order and followed Item 13.

19. 2003.0397C (G. NELSON: (415) 558-6257)

1398 19^th AVENUE - northeast corner of 19^th Avenue and Judah Street; Lot 010 in Assessor's Block 1773 - Request for Conditional Use authorization pursuant to Sections 209.3(f), 209.3(j), and 303 of the Planning Code to convert a single-family dwelling to religious/institutional use within an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District, in the Inner Sunset neighborhood. The proposed project would augment the existing 19^th Avenue Chinese Baptist Church facilities located 5 lots away at 1370-1374 19^th Avenue, and would result in the interior configuration of the existing structure to contain a "fellowship hall" and several conference/classrooms, as well as the removal of one off-street parking space. The Church would operate several programs at the facility, including adult education, after school tutoring, weekend worship and educational activities, choir rehearsal, and a one-to-two-week summer day camp.

Preliminary Recommendation: Approval with Conditions

SPEAKER(S):

(+) Lincoln Lew - Project Architect

- This property is four doors away from the Baptist church.

- The church is seeking this space for Sunday School, conference rooms, and to support church activities only.

- There would be no exterior additions to the proposed structure.

- With the existing garage, it is very difficult for cars to park inside because of the MUNI line that travels on that street.

- This is a much needed space for the members of the church.

(+) Terence Hui

- They started their activities in the basement of their current location.

(+) Rev. Henry Wong - Pastor

- He is representing his church people and they have been meeting in the area for more than 15 years.

ACTION: Approved as Amended: Retain the ground floor bathroom.

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

ABSENT: Boyd

MOTION: 16698

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))

Re: An article in the newspaper

Joe O'Donaghue

- There was an article in the newspaper by L.D. Kiershenbaum. It attached the credibility of the department and the Director that is not here.

- This article was written by a woman who was very articulate and has come to the Commission many times.

- On the Housing Element, this Commission has spent countless hours reading and working on this document.

- The article is absolutely disgraceful.

- This is just a cowardly act of journalism. If this lady had comments to make she should have come to this Commission to speak her mind.

- Many of the problems the Department has is related to the budget. That is why many projects cannot go through.

Adjournment: 9:56 p.m.

THESE MINUTES ARE PROPOSED FOR ADOPTION AT THE REGULAR MEETING OF THE PLANNING COMMISSION ON THURSDAY, JANUARY 8, 2004.

SPEAKER(S): None

ACTION: Approved

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

ABSENT: Boyd