March 21, 2002
SAN FRANCISCO PLANNING COMMISSION
Meeting Minutes
Commission Chambers - Room 400
City Hall, 1 Dr. Carlton B. Goodlett Place
Thursday, March 21, 2002
1:30 PM
Regular Meeting
PRESENT: Baltimore, Chinchilla, Fay, Joe, Lim, Salinas, Theoharis
ABSENT:
THE MEETING WAS CALLED TO ORDER BY PRESIDENT CHINCHILLA AT 1:40 p.m.
STAFF IN ATTENDANCE: Larry Badiner -Zoning Administrator/Acting Director; Pete Vollman; Adam Light; Mary Woods; Geoffrey Nelson; Dan DiBartolo; Dan Sider; Jonathan Purvis; John Billovits; Dario Jones; Rick Crawford; Michael Smith; Nora Priego – Transcription Secretary; Linda Avery - Commission Secretary
A. CONSIDERATION OF ITEMS PROPOSED FOR CONTINUANCE
The Commission will consider a request for continuance to a later date. The Commission may choose to continue the item to the date proposed below, to continue the item to another date, or to hear the item on this calendar.
1. 2002.0067D (V. MASSEHIAN: 415-558-6363)
650A 45TH AVENUE - east side between Balboa Street and Anza Street, Lot 030A in Assessor’s Block 1587 - Request for Discretionary Review of Building Permit Application No. 2001/12/06/4728 proposing to build a two-story addition to the existing one-story, single-family dwelling 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 the project as submitted.
DISCRETIONARY REVIEW HAS BEEN WITHDRAWN
2a. 2001.0190D (M. WOODS: 415- 558-6315)
2548 CALIFORNIA STREET - north side between Steiner and Pierce Streets, Lot 9 in Assessor’s Block 634 - Request for Discretionary Review of Demolition Permit Application No. 2002/0214/9237, which supersedes withdrawn Demolition Permit Application No. 2001/0103/9061, proposing to demolish the existing one-story garage at the rear of the lot, facing Perine Place, in the Upper Fillmore Street Neighborhood Commercial District and a 40-X Height and Bulk District. A Variance to modify rear yard requirements was granted for the rebuilding of the garage and the construction of the new dwelling unit under Case No. 96.319V.
Preliminary Recommendation: Do not take Discretionary Review and approve the project as revised.
(Proposed for Continuance to May 2, 2002)
SPEAKER(S): None
ACTION: Continued as proposed.
AYES: Baltimore, Chinchilla, Fay, Joe, Lim, Salinas, Theoharis
2b. 2001.0191D (M. WOODS: 415- 558-6315)
2548 CALIFORNIA STREET - north side between Steiner and Pierce Streets, Lot 9 in Assessor’s Block 634 - Request for Discretionary Review of Building Permit Application No. 2000/0408/6762S proposing to (a) demolish and rebuild the rear portion (approximately two-thirds) of the existing two-story building, containing two dwelling units, at the front of the lot, facing California Street; (b) add a newly excavated ground level; (c) move the existing building forward by approximately 8 feet, and raise the building approximately 2 feet in order to establish a ground floor at grade level; and (d) add a partial fourth floor, in the Upper Fillmore Street Neighborhood Commercial District and a 40-X Height and Bulk District. The proposed alterations were previously approved by the City Planning Commission under Motion No. 14442 for Case No. 96.319C.
Preliminary Recommendation: Do not take Discretionary Review and approve the project as revised.
(Proposed for Continuance to May 2, 2002)
SPEAKER(S): None
ACTION: Continued as proposed.
AYES: Baltimore, Chinchilla, Fay, Joe, Lim, Salinas, Theoharis
B. COMMISSIONERS' QUESTIONS AND MATTERS
3. Consideration of Adoption - draft minutes of March 7, 2002.
SPEAKER(S): None
ACTION: Approved
AYES: Baltimore, Chinchilla, Fay, Joe, Lim, Salinas, Theoharis
4. Commission Matters
Commission Secretary: Reminded the Commissioners to turn in their Conflict of Interest forms before April 1, 2002.
Commissioner Salinas: Last week he was taken back by the fact that the Commission did not have demo and soundness reports. He would just like to clarify to project sponsors and their representatives that this is very important. His comments were not directed at planning staff.
Commissioner Theoharis:
Re: Proposal from Supervisor Peskin related to his secondary unit ordinance. She would like someone from staff to contact the Supervisor and would like any and all correspondence that has transpired between them and SPUR.
She would like clarification regarding the Leno legislation regarding inclusionary housing that was heard by the Board of Supervisors on March 18, 2001.
C. DIRECTOR'S REPORT
5. Director's Announcements
Larry Badiner, Acting Director, thanked Commissioner Salinas for his comments and for the clarification.
6. Review of Past Week's Events at the Board of Supervisors and Board of Appeals
BOS
Transportation and Land Use Committee
1) Re: Interim Zoning
- This legislation was approved with a +2-1 vote with Supervisor Hall voting No. It was sent out of committee to the full Board.
2) Re: Prohibition on Live/Work Units
- This legislation was heard by the Commission two weeks ago. The Commission voted against this legislation. The Committee voted to approve the legislation by a vote of
+2-1, Supervisor Hall voted No. This was sent out of committee to the full Board.
3) Re: Interim Zoning Controls and the Extension of the Live/Work Moratorium
- The committee voted to approve the moratorium by a vote of +2-1, Supervisor Hall voted No. This was also sent out of committee to the full Board.
Board of Supervisors Meeting
1) Re: Leno Inclusionary Housing Legislation
- This was approved and adopted by the Board on a +10-1, Supervisor Hall voted No. It will have a second reading on March 25, 2002. If it is adopted, it will go to the Mayor for signature.
2) Re: Supervisor Peskin introduced a Secondary Unit Ordinance
- This will be coming before the Commission in the near future as soon as they review it.
- This legislation will allow an additional secondary unit in residential districts. The units should be 750 feet or less in area and it is only allowed in areas near transit streets, transit hubs, neighborhood commercial districts, historic buildings that require disabled access.
BOA - None
7. 2002.0132I (P. VOLLMANN: 415-558-6405)
415 JACKSON STREET (a.k.a. 407 JACKSON STREET) - south side between Sansome and Montgomery Streets - Lot 022 in Assessor’s Block 0196. Request for notification to the Planning Commission from the Zoning Administrator pursuant to Planning Code Section 304.5, regarding an abbreviated institutional master plan for an 8,500 square foot post-secondary advertising school (Miami Ad School) occupying the existing basement. The site is located in a C-2 Zone, a 65-A height and bulk district, and the Washington-Broadway-1 Special Use District. The Commission may or may not opt to hold a future public hearing, for the receipt of public testimony only.
SPEAKER(S): None
ACTION: The Commission opted not to hold a public hearing.
D. PUBLIC COMMENT ON MATTERS WHERE THE PUBLIC HEARING HAS BEEN CLOSED
At this time, members of the public who wish to address the Commission on agenda items that have already been reviewed in a public hearing at which members of the public were allowed to testify and the Commission has closed the public hearing must do so at this time. Each member of the public may address the Commission for up to three minutes.
SPEAKER(S): None
E. REGULAR CALENDAR
8. 2002.0113L (A. LIGHT: 415-558-6254)
1-33 COLUMBUS AVENUE (A.K.A. 612-624 WASHINGTON STREET) - Drexler Building/Colombo Building, northwest corner of Columbus Avenue and Washington Street. Assessor’s Block 195, Lot 4. Request for Planning Commission approval on the proposed landmark designation, which was initiated by the Board of Supervisors on January 28, 2002. The two-story, concrete and marble, classical revival, retail and office building was constructed in 1913. The subject property is zoned CCB (Chinatown Community Business) District and is in a 65-D/2 Height and Bulk District.
Preliminary Recommendation: Approval
ACTION: Motion to excuse Commissioner Lim
AYES: Baltimore, Chinchilla, Fay, Joe, Salinas, Theoharis
SPEAKER(S):
(+) Luigi Barassi
- He is in support of this project.
- There is an excellent plan here.
ACTION: Approval of Landmark Designation of 1-33 Columbus Avenue, the Colombo Building, as San Francisco Landmark No. 237, with recommendation of final approval to the Board of Supervisors.
AYES: Baltimore, Chinchilla, Fay, Joe, Salinas, Theoharis
EXCUSED: Lim
MOTION: 16363
9. 2001.0015Z (M. WOODS: 415-558-6315)
1052 OAK STREET - north side between Divisadero and Scott Streets, Lot 5 in Assessor's Block 1216 - Request for reclassification of a portion (approximately 3,136 square feet) of Lot 5 (a part of the Touchless Car Wash site) from NC-2 (Small-Scale Neighborhood Commercial) District to RH-3 (Residential, House, Three-Family) District. Currently, the entire lot area, approximately 4,199 square feet, of Lot 5 is zoned NC-2. This reclassification is to allow the construction of three new residential units in accordance with Planning Commission Motion No. 16036 relating to a conditional use authorization approved on November 16, 2000 to expand the car wash.
Preliminary Recommendation: Adoption of the Draft Resolution for Reclassification.
(Continued from Regular Meeting of January 17, 2002)
SPEAKER(S):
Re: Continuance
Harry O'Brien
- He realizes that the Commission does not want to entertain a continuance yet he is willing to withdraw the application if necessary but he would prefer to have this case continued.
- The reason why there is a continuance is because there has been a rezoning petition, which will be brought forward to the Board of Supervisors.
- He would like to have one last opportunity to work with the neighborhood before this petition goes before the Board of Supervisors.
Patricia Vaughey
- The neighborhood has lost faith in anything related to the car wash.
- The car wash has violated all the laws.
- This has escalated to the point that they are beyond comprehension.
- They can try to do a continuance for two weeks.
ACTION: Without hearing on the case, continued to April 4, 2002
AYES: Baltimore, Chinchilla, Fay, Joe, Lim, Salinas, Theoharis
10. 2001.1169C (G.NELSON: 415-558-6257)
1101-1123 FILLMORE STREET - at the northwest corner of Fillmore Street and Golden Gate Avenue; Lot 002 in Assessor’s Block 0755 - Request for Conditional Use authorization under Section 712.83 of the Planning Code to mount a total of three panel antennas on the roof of a 49-foot tall, five-story apartment building, within a Moderate Scale Neighborhood Commercial (NC-3) Zoning District and a 50-X Height and Bulk District. The project site is a Preferred Location Preference 2 per the City & County of San Francisco’s Wireless Telecommunications Services (WTS) Facilities Siting Guidelines, as it is a co-location site. The project site is currently occupied by a Sprint PCS installation. The proposed site would be operated as part of MetroPCS’ wireless telecommunications network.
Preliminary Recommendation: Approval with conditions
SPEAKER(S):
(+) Debra Stein
- There were community meetings held.
- There are 50 proposed sites on the wireless communications 5-year plan.
- This site is necessary for this area.
ACTION: Approved
AYES: Baltimore, Chinchilla, Fay, Joe, Lim, Salinas, Theoharis
MOTION: 16364
11. 2002.0068C (D. DIBARTOLO: 415-558-6291)
965 SUTTER STREET - Between Hyde and Leavenworth Streets; Lot 022 in Assessor’s Block 0300 - Request for Conditional Use Authorization pursuant to Section 209.6(b) of the Planning Code to install a total of six panel antennas at the roof, and associated equipment cabinets within the basement, of the 80-foot tall mixed-use structure. Each panel antenna would measure approximately 52 inches high by 6 inches wide by 2 inches deep, and would be mounted on the existing 98" tall penthouse and will be painted to match its color. Two antennas each would be mounted on the east, west and south faces of the existing rooftop penthouse, not extending above the height of the penthouse. The associated equipment cabinets would be located within the basement and a small accessory antenna for the reception of GPS data would be mounted on the roof, all as part of the Metro PCS wireless network. The site is a Preference 5 location under the WTS Guidelines.
Preliminary Recommendation: approval with conditions
SPEAKER(S):
(+) Debra Stein – Representing Metro PCS
- There are actually six antennas at this site instead of three mentioned in the case report.
- Metro PCS reviewed 20 alternate sites.
- This particular site fits into Metro PCS' five year plan.
- There were community meetings and there was only one attendee.
(+) Maryann Miller – Metro PCS
- There are 20 alternative sites that Metro PCS evaluated.
- There were 19 sites of a higher preference in this area yet none of these sites were technically feasible for antennas.
ACTION: Approved
AYES: Baltimore, Chinchilla, Fay, Joe, Lim, Salinas, Theoharis
MOTION: 16365
Item 12 was taken out of order and heard after item 10:
12a. 1999.813CD (D. SIDER: 415-558-6697)
131 MISSOURI STREET - east side between 17th and Mariposa Streets; Lot 024 in Assessor's Block 3985 - Request for Conditional Use Authorization to allow the construction of dwelling units pursuant to Planning Code Section 215(a) in an M-1 (Light Industrial) Zoning District. The proposal is to demolish an existing industrial building and construct a three and four-story building containing 9 dwelling units and 9 parking spaces in a ground level garage. The property is within an M-1 Zoning District, an IPZ (Industrial Protection Zone), and a 40-X Height and Bulk District.
Preliminary Recommendation: Approval with conditions.
SPEAKER(S):
(+) David Silverman – Reuben and Alter
- The project has been scaled back since it's original application.
- The project sponsor has met with all interested neighbors and organizations.
- He thanked staff for the years of hard work on this project.
- The project will dramatically improve the neighborhood.
(+) Toby Levy – Project Architect
- Described the project.
(+) Joe Boss – Potrero Boosters and Dogpatch
- This project has come a long way.
- This design is much more in keeping with the neighborhood.
- He supports the project completely.
(-) Kepa Askenasy
- She lives near the project.
- She would have hoped to have this project wait since they are currently holding neighborhood workshops related to projects in this area.
- She would be happy to have this hearing continued in order to move further along in their workshops and discuss a few changes to the project with the project sponsor.
(-) Rod Minott
- He lives in Potrero Hill
- He picked this area because of its special and unique character graced with openness and sun.
- This is the wrong project for this site.
- He would like to have this hearing continued in order to come to an agreement.
- The project is too out of scale for the neighborhood.
- This project should be continued until the neighborhood finishes a master plan.
(-) Yvonne Gavre
- She lives on Mariposa Street.
- She has seen various changes to her neighborhood.
- This proposed building will take away the view she has of downtown.
- This project is too large.
(-) Andrea Cochman
- She lives in Potrero Hill.
- The project has come a long way and she believes that they are nearly there.
- If there were a continuance, this would allow the neighborhood to come to an agreement.
- She is concerned with the roofline elevation, the rear deck on the top floor, the details of the building, and the mass of the building.
ACTION No. 1: Motion to Approve
AYES: Fay, Joe, Theoharis
NAYES: Lim, Baltiomre, Salinas, Chinchilla
RESULT: The motion failed
ACTION No. 2: Intent to Disapprove. Final Language April 4, 2002
AYES: Lim, Baltimore, Salinas, Chinchilla
NAYES: Fay, Joe, Theoharis
12b. 1999.813ECD (D. SIDER: 415-558-6697)
131 MISSOURI STREET - east side between 17th and Mariposa Streets; Lot 024 in Assessor's Block 3985 - Mandatory Discretionary Review of a proposal to demolish a 3,000 square foot existing industrial building and construct a new building containing 9 dwelling units. Planning Commission IPZ Policy (Resolution Number 16202) discourages the development of housing within an IPZ. The property is within an M-1 (Light Industrial) Zoning District, an IPZ (Industrial Protection Zone), and a 40-X Height and Bulk District.
Preliminary Recommendation: Do not take D.R. and approve the project as proposed.
SPEAKER(S): Same as those listed in item.12a
ACTION No. 1: Motion to not take discretionary review and approve
AYES: Fay, Joe, Theoharis
NAYES: Lim, Baltiomre, Salinas, Chinchilla
RESULT: The motion failed
ACTION No. 2: Intent to take discretionary review and disapprove.
Final Language April 4, 2002
AYES: Lim, Baltimore, Salinas, Chinchilla
NAYES: Fay, Joe, Theoharis
13a. 2000.1164CD (J. PURVIS: 415-558-6354)
1880 MISSION STREET - west side between 14th and 15th Streets; Lots 2A, 3, 4, and 29 in Assessor's Block 3547 - Request for Conditional Use authorization under Planning Code Sections 215, 271 and 304, and Board of Supervisors Resolution No. 518-01 (Mission District Interim Controls) for a Planned Unit Development (PUD) exceeding bulk limits, and to allow construction of up to 183 dwelling units, 26,000 square feet of commercial space and up to 176 independently accessible off-street parking spaces. Exceptions are requested from rear yard, dwelling unit exposure and parking requirements of the Planning Code and to provide less than 25% of the dwelling as affordable. The site is within a C-M (Heavy Commercial) Zoning District, a 50-X and 65-B Height and Bulk District and is subject to the Mission District Interim Controls.
Preliminary Recommendation: Approval with Conditions
SPEAKER(S): None
ACTION: Without hearing, continued to April 25, 2002
AYES: Baltimore, Chinchilla, Fay, Joe, Lim, Salinas, Theoharis
13b. 2000.1164CD (J. PURVIS: 415-558-6354)
1880 MISSION STREET - west side between 14th and 15th Streets; Lots 2A, 3, 4, and 29 in Assessor’s Block 3547 - Mandatory Discretionary Review of a proposal to demolish two light industrial buildings and construct a mixed-use Planned Unit Development. Mission District Interim Controls (Board of Supervisor’s Resolution No. 518-01) require Discretionary Review for all land use changes in the subject area. The property is within a C-M (Heavy Commercial) Zoning District, and a 50-X and a 65-B Height and Bulk District.
Preliminary Recommendation: Do not take D.R. and approve the project as proposed.
SPEAKER(S): None
ACTION: Without hearing, continued to April 25, 2002
AYES: Baltimore, Chinchilla, Fay, Joe, Lim, Salinas, Theoharis
14. (J. BILLOVITS: 415-558-6390)
MARKET AND OCTAVIA BETTER NEIGHBORHOODS PLAN - Informational Presentation.
SPEAKER(S): None
ACTION: Informational presentation only.
F. DISCRETIONARY REVIEW HEARING
At Approximately 4:30 PM the Planning Commission convened into a Discretionary Review (DR) Hearing.
15. 2001.0908DDDDDDD (F. JONES: 415-558-6477)
166-168 YERBA BUENA AVENUE - west side between Maywood Drive and Santa Paula Avenue, Lot 036 and Lot 037 in Assessor’s Block 3078 - Requests for Discretionary Review of Building Permit Application Nos. 2001/07/24/4359 and 2001/07/24/4356, proposing for each permit the new construction of a two-story, single-family dwelling on two adjacent interior vacant lots in an RH-1(D) (Residential, House, One-Family, Detached) District and a 40-X Height District.
Preliminary Recommendation: Do not take Discretionary Review and approve as revised.
SPEAKER(S):
Re: Recusal of Commissioner Theoharis
Sue Hestor
- She sent a letter to the Commission, which raised questions regarding a fundraiser that was given by Commissioner Theoharis at her house before the last election which developers; their attorneys and their consultants were invited. She believes that this is a violation of the law, which has been in affect for a very long time. Commissioners are different from elected officials. Commissioners cannot solicit campaign contributions from anyone who has been before them in the preceding three months. If someone does make a contribution, there is a conflict for a year after the contribution.
- She was aware of this event from reading the newspaper and read the reports online from the Ethics Commission.
- This event was held on September 23, 2002 and Andrew Junius attended this event and made a campaign contribution the previous week of $500.00.
- Mr. Junius wrote a letter stating that the contribution was rescinded.
- She believes that this does not apply in this instance since she believes that Mr. Junius did intend to attend this function.
- If any other Commissioners attended this event and solicited funds, they also have conflicts under the law.
- This is a very serious matter and she would like to have a response from Commissioner Theoharis or her attorney and not from Mr. Junius.
RESPONSE:
Commissioner Theoharis
- She has not violated the law and will not recuse herself.
-
Re: Merits of the case
(-) Sue Hestor – Representing three of the DR Requestors (Ms. Lynn Hall, Ms. Miller, Mr. Hogan)
- Although the project has been revised, one of the issues from her clients is what is the nature of the landscaping?
- The lot is heavily wooded with lots of vegetation. These trees are going to come down.
- Her clients will see walls from the rear of their house.
- She displayed graphics of current vegetation.
- The Commission has not been presented with the revisions.
- The scale of the house is very massive.
- There is nothing in the staff analysis related to the problems when there is a very large development down a grand driveway that has cars coming in the middle of the lot.
- The lot is located behind her clients' houses. There is a massive amount of space for a driveway. The driveway is just over scaled.
- The house could be setback 8 feet and would reduce the impact on her client's houses.
- The project sponsor has not addressed the concerns of his neighbors.
- There are issues about soil stability as well as major engineering issues.
- The Commission should require scaling the building back as well as putting serious restrictions on this project like prohibiting the driveway to be used as a roadway for events with large parties and large amounts of cars parked on other people's back wall.
(-) Susan Patton Murray – DR Requestor
- She is here on behalf of her mother.
- They are concerned about the size of the project.
- They are concerned about maintaining the integrity of the hillside and the ramifications of the costs associated with the engineering required to deal with this complex site.
- She read a letter from a civil engineer expressing concerns about the hillside.
(-) Frank M. Van Kurk – DR Requestor
- They have had serious slope problems.
- His mother was forced to have an engineered footing designed to prevent the down slope moving of the home.
- He is concerned that any excavation below the property will cause problems to several of the homes.
- Mr. Akabato's employees have entered his mother's property to remove vegetation and this has not been brought up.
(-) Arnie Lerner
- The perspective views are very misleading.
- The projects will be on the faces of the DR requestors.
- The plans kind of disguise how large this project will really be.
(+) Andrew Junius – Project Sponsor representative
- There are a lot of neighbors who are in support of the project although they have similar impacts.
- The scale issue is an important one here but the size of the lot is quite large.
- The topography hides most of the project from several of the neighbors.
(+) Mr. Stephen Antanaros – Project Architect
- Displayed diagrams of the project.
- Described the architectural aspects of the project.
ACTION: Took discretionary review and approved the project as revised by project architect: The revision proposed is to reposition 168 Yerba Buena Avenue.
AYES: Baltimore, Lim, Fay, Salinas
NAYES: Theoharis, Joe, Chinchilla
16. 2001.527D (R. CRAWFORD: 415-558-6358)
115 ELLINGTON AVENUE - southeast side between Mt Vernon and Ottawa Avenues. Assessor’s Block 7043 Lot 003F - Request for Discretionary Review of Building Permit Application 2000/12/18/8198 proposing a one story vertical addition and a 12 foot horizontal addition at the rear of a single family dwelling in an RH-1, (Residential House, One Family) district and a 40-X Height and Bulk district.
Preliminary Recommendation: Take Discretionary Review and modify the Project.
SPEAKER(S): None
ACTION: Without hearing, continued to April 4, 2002
AYES: Baltimore, Chinchilla, Fay, Joe, Lim, Salinas, Theoharis
17. 2001.1175DDD (M. SMITH: 415-558-6422)
630 28TH AVENUE STREET- north side of the street between Douglass and Diamond Streets, Lot 004A in Assessors Block 6605, request for Discretionary Review of Building Permit Application No. 2001/10/31/2129, proposing to construct a three-story rear horizontal addition on an existing two-story single-family house, located in a RH-1 (Residential, House, One-Family) District and a 40-X Height and Bulk District.
Preliminary Recommendation: Take Discretionary Review and modify the Project.
SPEAKER(S): None
ACTION: All Three Discretionary Review Applications have been withdrawn.
G. PUBLIC COMMENT
At this time, members of the public may address the Commission on items of interest to the public that are within the subject matter jurisdiction of the Commission except agenda items. With respect to agenda items, your opportunity to address the Commission will be afforded when the item is reached in the meeting with one exception. When the agenda item has already been reviewed in a public hearing at which members of the public were allowed to testify and the Commission has closed the public hearing, your opportunity to address the Commission must be exercised during the Public Comment portion of the Calendar. Each member of the public may address the Commission for up to three minutes.
The Brown Act forbids a commission from taking action or discussing any item not appearing on the posted agenda, including those items raised at public comment. In response to public comment, the commission is limited to:
(1) responding to statements made or questions posed by members of the public; or
(2) requesting staff to report back on a matter at a subsequent meeting; or
(3) directing staff to place the item on a future agenda. (Government Code Section 54954.2(a))
None
Adjournment: 6:10 pm
THE DRAFT MINUTES ARE PROPOSED FOR ADOPTION AT THE REGULAR MEETING OF THE PLANNING COMMISSION ON THURSDAY, April 18, 2002
Last updated: 11/17/2009 10:00:07 PM
