March 18, 2004

SAN FRANCISCO
PLANNING COMMISSION

Meeting Minutes

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

Thursday, March 18, 2004
1:30 PM

Regular Meeting

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

COMMISSIONERS ABSENT: None

THE MEETING WAS CALLED TO ORDER BY PRESIDENT BRADFORD BELL AT 1:32 p.m.

STAFF IN ATTENDANCE: Larry Badiner - Acting Director of Planning; Craig Nikitas - Acting Zoning Administrator; Adam Light; Matt Snyder; Geoffrey Nelson; Michael Smith; Ben Fu; Michael Li; Nora Priego - Transcription Secretary; Linda Avery - Commission Secretary

A. EXECUTIVE SESSION RESULTS

PUBLIC EMPLOYEE PERFORMANCE EVALUATION - Pursuant to Government Code Section 54957, the Planning Commission will meet in closed session to review the performance evaluation of Linda Avery, Planning Commission Secretary.

At the conclusion of the closed session, and pursuant to Section 67.14(a) 10(b) of the San Francisco Administrative Code, the Commission will reconvene in open session and shall by motion and vote elect to:

a) Disclose no information, or

b) Disclose information which a majority deems to be in the public interest.

NOTE: This Session was Cancelled.

B. 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. 2002.0914R (D. ARGUMEDO: (415) 558-6284)

675 TOWNSEND STREET - The project is related to Planning Case No. 1998.455C, a mixed use development of 148 dwelling units, approximately 35,000 square feet of ground floor commercial space and 256 parking spaces in two basement levels. Due to the presence of a Caltrain easement in the Townsend Street right-of-way, the originally proposed 7'-6" wide sidewalk along Townsend Street would be reduced to 4'-6" to maintain a minimum distance from an existing rail line in the Townsend Street right-of-way. The reduced sidewalk width is less than the Department of Public Works' minimum 6-foot sidewalk width standard.

Preliminary Recommendation: Finding the proposal not in conformity with the General Plan.

(Proposed for Continuance to March 25, 2004)

SPEAKER(S): None

ACTION: Without hearing, item continued to March 25, 2004.

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

ABSENT: Boyd

2. (D. ALUMBAUGH/J. RUBIN: (415) 558-6601/558-6310)

CENTRAL WATERFRONT NEIGHBORHOOD PLAN - Informational presentation on the draft Central Waterfront Neighborhood Plan, a part of the Better Neighborhoods Program. The purpose is to present staff's suggested amendments to the draft plan and to clarify the plan's proposals for housing. No action is requested.

(Continued from Regular Meeting of February 19, 2004)

(Proposed for Continuance to April 15, 2004)

SPEAKER(S): None

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

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

ABSENT: Boyd

3. 2003.1230C (E. TOPE: (415) 558-6316)

1014 CLEMENT STREET - north side between 11th and 12th Avenues, Lot 019 in Assessor's Block 1422 - Request for Conditional Use Authorization pursuant to Planning Code Section 716.51 to allow a medical service use (Wu's Healing Center) on the second floor in the Inner Clement Street Neighborhood Commercial District and a 40-X Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

(Proposed for Continuance to April 8, 2004)

SPEAKER(S): None

ACTION: Without hearing, item continued to April 8, 2004.

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

ABSENT: Boyd

4. 2003.1178C (G. CABREROS: (415) 558-6169)

2947 GEARY BOULEVARD - southeast corner of Geary Boulevard and Blake Street in an NC-3 (Moderate-scale Neighborhood Commercial) District and a 40-X Height and Bulk District, Lot 024 in Assessor's Block 1090 - Request for Conditional Use Authorization under Planning Code Section 712.64 to allow automotive sales at the ground floor. The proposal is to dedicate approximately 790 square feet for automotive sales use within the existing business, known as Lock World. No construction is proposed as the use would occur within the existing one-story building.

Preliminary Recommendation: Approval with Conditions

NOTE: Staff has discovered that information used to process this case was mis-represented. An indefinite continuance is requested until the matter is resolved.

SPEAKER(S): None

ACTION: Item Continued Indefinitely

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

ABSENT: Boyd

C. COMMISSIONERS' QUESTIONS AND MATTERS

5. Consideration of Adoption - Draft minutes from February 5, 19, and 26, 2004.

Minutes of February 19 and 26, 2004

SPEAKER(S): None

ACTION: Approved

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

ABSENT: Boyd

Minutes of February 5, 2004:

SPEAKER(S): None

ACTION: Approved with Corrections:

Page 5 - Tom Ammiano's name was misspelled

Page 10 - Cody Robertson's name was misspelled

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

ABSENT: Boyd

6. Commission Comments/Questions

Commissioner Feldstein:

Re: Addendum

- She was unclear if the Regular Calendar started at 3:00 p.m. or 1:30 p.m.

Commission Secretary Responded:

- In a I:00 p.m. meeting on Monday afternoon, it was brought to her attention that two components of item 9-a matter that the Commission would need to consider and take action on-were not included on the original calendar. She could not issue the addendum by 1:30 p.m. to meet the 72 hour notice deadline. Because she could get the addendum out by 3:00 p.m., she put that as the start time. It only means that item 9 can not be heard before 3:00 p.m.

Re: Public Employee Evaluation Session

- Even though this item was cancelled, she would like to have it scheduled on the calendar in the future.

Commissioner Bradford Bell Responded:

- Not all Commissioners need to be present at this level.

- She sent out an email about this.

- Rather than set a full meeting to require at least four Commissioners, right now it is only to gather information and put together the process of how the review will be done for the staff person. Then it will come back to the Commission. She suggested that Commissioner Feldstein might want to work with the staff person at this stage

- Anyone who wants to participate in the process, should.

- She welcomes comments and suggestions from the Commission on going about it any other way as well.

- She asked if Commissioners want to schedule a full Commission meeting. If so, she would have Linda put a meeting together.

Commissioner Feldstein Responded:

- She is only concerned that it is highly irregular that a supervisor of an employee decline to participate in the performance evaluation of that employee.

Commissioner Bradford Bell Responded:

- The information has not been gathered. A performance review has not been done in many years so the documentation the Commission needs really needs to be gathered and updated.

Commissioner Hughes Responded:

- On the criteria of the evaluation, he feels that if it already exits...

- He is fine with having one Commissioner to take over at this point in the evaluation.

Commissioner S. Lee Responded:

- She is fine with not having a full meeting.

- However, she does not want to prolong the process just because a quorum cannot be met.

Commissioner Antonini Responded:

- He feels that one Commissioner can do the information gathering but he would like to be present when the full meeting on the evaluation takes place.

Commission Secretary Responded:

- It was at her request that all seven Commissioners to be part of the process.

- Since it is proving to be very difficult to get all seven Commissioners at one time, she is willing to accept a meeting with less than the seven Commissioners to move this forward.

D. DIRECTOR'S REPORT

7. Director's Announcements

Re: Air Conditioning at 1660 Mission Street

- Real Estate has spent a lot of time trying to fix the problems with the air conditioning.

- He mentions this so that the Commission is aware of the kind of work environment staff has had to endure recently.

- At 30 Van Ness the server has been down. They have finally discovered that the voltage is not adequate. It's not really 220.

Commission Secretary commented:

Re: EIR for Transbay

- The EIR is ready. It only needs a cover letter, an executive summary, and it needs to be transmitted. But all of this cannot happen because the server at 30 Van ness is not working.

- The documents will be delivered today for distribution to Commissioners. The copies to the public will be available at 1660 Mission Street.

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

BOS -

Land Use Committee

- The Committee heard Formula Retail legislation. The Commission had various concerns but no one else was there for or against it.

- Staff did not make a presentation.

BOA - None

E. REGULAR CALENDAR

PLEASE NOTE THAT ITEMS 9a-f and ITEM 10 FROM THE ORIGINAL REGULAR CALENDAR HAVE BEEN REPLACED WITH ITEMS 9a-h and ITEM 10 FROM THE ADDENDUM. ALSO NOTE THAT THESE ITEMS COULD NOT BE CALLED OR HEARD PRIOR TO 3:00 P.M.

9a. 2003.0584EKXCMTZLU (A. LIGHT: (415) 558-6254)

690 MARKET STREET - north side at northeast corner of Kearny and Geary Streets, Lot 6, in Assessor's Block 311 - Request for adoption of CEQA findings and a mitigated negative declaration pursuant to 1) a finding that a net new shadow impact on Union Square Park is not adverse; 2) a Determination of Compliance under Section 309 of the Planning Code to permit an eight-story vertical addition, historic façade restoration, and conversion of an existing office building to a mixed-use project for up to 64 residential dwelling units, up to 73 hotel time-share units, approximately 6,500 square feet of ground level retail space, and a sub grade parking garage (capable of accommodating up to 29 independently-accessible parking spaces and two loading spaces with the capability of accommodating up to 100 vehicles through the use of valet services and vehicle stacking), with exceptions to the Planning Code for the separation of towers requirement, residential open space requirements, publicly-accessible open space requirements, dwelling unit exposure requirements, ground-level wind currents, independently-accessible parking, sunlight access to sidewalks, and an upper tower extension; 3) a Conditional Use application to allow a hotel in the C-3-O (Downtown, Office) Zoning District; 4) a recommendation to the Board of Supervisors for a General Plan amendment to change the height and bulk district of the existing site; 5) a recommendation to the Board of Supervisors for approval of the creation of the Downtown Housing Demonstration Special Use District encompassing and comprised of the subject property and allowing, among other items, exceptions under Section 309 for residential open space requirements, publicly-accessible open space requirements, and dwelling unit exposure; 6) recommendation to the Board of Supervisors for conditional designation as San Francisco Landmark No. 243 (to be heard at a subsequent Planning Commission hearing date); and 7) recommendation to the Board of Supervisors for conditional approval of a Mills Act Contract (also to be heard at a subsequent Planning Commission hearing date) ; all for the subject property, which is in the C-3-O Zoning District and a 250-S Height and Bulk District. The proposal is to:

1) Seismically upgrade the subject 16-story office building (The Old Chronicle Building), which would include infilling a large light well at the rear of the building that is not visible from any public right-of-way;

2) Restore the historic building façade by removing a non-historic metal, glass and marble cladding system installed in 1962 and rehabilitating/restoring/reconstructing intact, damaged and missing historic façade features;

3) Construct an eight-story vertical addition that will result in a building height of approximately 312 feet, and a Floor Area Ratio (FAR) of approximately 19.68 if the residential floor space were to be counted toward the FAR calculation as currently required by the Planning Code (see item No. 5 below);

4) Convert the existing office building use to a mixed-use project that would have at least 40, but up to 64 residential dwelling units, at least 49, but up to 73 hotel time-share units (for a combined total of 113 hotel and residential units), approximately 6,500 square feet of ground level retail space, replacing an existing retail bank, and creating a sub grade parking structure, that given the irregular floor plate shape and placement of support columns would yield a maximum of 29 independently-accessible parking spaces and two loading spaces on the project site with the capability of providing up to 100 valet and vehicle-stacking spaces in place of the independently-accessible spaces. The new parking facility would be accessed through an existing sub grade garage facility at the adjacent 88 Kearny Street property, thereby not requiring a garage entrance at the ground level of the subject 690 Market Street property;

5) In order to construct the addition; infill the light well; implement the proposed change of use; grant exceptions for residential open space, publicly-accessible open space, and dwelling unit exposure under the procedures of Section 309, a new Special Use District is proposed to change the existing height district to a 285-S Height and Bulk District (the Planning Code allows for a 10% increase in height over the height limit under certain criteria, in this case up to 313.5 feet), eliminate residential uses from Floor Area Ratio calculations, and allow said exceptions under Section 309 instead of requiring variances. The Special Use District would also require a minimum of 15% on-site or 17% off-site Below Market Rate (BMR) units. The Downtown Element of the General Plan must also be amended as it specifies the height and bulk districts as currently designated within the C-3 zoning districts;

6) The Project Sponsor is proposing to meet the Below Market Rate (BMR) housing requirement by constructing the required BMR units off-site at 938 Market Street, a project that is seeking authorization concurrently with the subject application (2003.0587HXVLU);

7) The project sponsors are seeking to avail themselves of the Mills Act, which allows local governments to grant property tax relief benefits in exchange for the guaranteed preservation of a historic property. In order to qualify under the San Francisco Administrative Code, the property must either be designated as a San Francisco Landmark or listed separately on the National Register. As neither condition is the case with the subject property, the project sponsor is seeking conditional San Francisco landmark status. The proposed Landmark Designation would become final upon the completion of the proposed project consistent with the Rehabilitation Program set forth by the proposed Mills Act contract.

Preliminary Recommendation: Adopt CEQA findings and mitigated negative declaration.

(Continued from Regular Meeting of February 19, 2004)

SPEAKER(S):

(+) Charles (Chuck) Bloszies - Lead Architect

- This is a real architectural treasure. They have considered it the equivalent of raising the Titanic!

- If the original building is compared with the building with it's first addition, it is actually out of balance.

- They have tried to rectify this out-of-balance condition.

- The height of the building was kind of limited to protect shadows on Union Square and to not over shadow it's adjacent historic building.

- There will be 106 residential units and 49 fractional interest units or hotel units.

- There were a number of endorsement letters submitted as part of the packet for this project.

(+) Jay Turnbull - Page and Turnbull

- This project is of great historic significance because it contributed to the rise of newspaper journalism in the City. It is associates with at least four prominent people: Michael D. Young, Daniel Burnham, John Route and Willis Polk.

- It was the first skyscraper in the West.

- San Francisco's oldest trade union which was organized in the early 50s.

- It survived the 1906 earthquake, although it has been substantially upgraded since then.

-The key characteristic of this building is height.

(+) Mary G. Murphy - Farella, Braun and Martel

- Regarding 942 Market Street, which is the companion piece to the current project:

- This will be the site of the below market housing.

- 942 Market will have 11 below market rate units.

- This project will be treated and is consistent with the Code's constraints regarding Category 1 buildings.

- This building will be converted from office to residential.

(+/-) Francisco Da Costa - Environmental Justice Advocacy

- What the Commission should pay attention to is the quality of life issues.

- He commends the architects for the wonderful work and is pleased to hear the history of these wonderful buildings.

- There should be at least 25 percent of affordable housing on site and not off site.

- Stop building more units and not pay attention to the infrastructure. The sewer system cannot pay the added burden.

- This type of project was not presented to the communities in the southeast sector.

(+) Kate White - Housing Action Coalition

- They took a look at this project and are very excited about it.

It brings many public benefits: historic rehabilitation work, 19 percent or more will be right in the same neighborhood, the project serves as a model for high density office to residential conversions. With so many office buildings that could be converted, there should be more of these.

- It would be good to have more residential units in downtown San Francisco so that it is not so dead on the weekends.

- Both the Bicycle Coalition and Transportation for a Livable City endorse this project.

(+) Jim Salinas - Carpenter's Union

- They are very supportive of this project because it has a great deal of historical value.

- There is much needed housing and construction jobs with this project.

ACTION: CEQA Findings Adopted

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

ABSENT: Boyd

MOTION: 16745

9b. 2003.0584EKXCMTZLU (A. LIGHT: (415) 558-6254)

690 MARKET STREET - north side at northeast corner of Kearny and Geary Streets, Lot 6, in Assessor's Block 311 - Request for a finding that a net new shadow impact on Union Square Park is not adverse for the subject property, which is in the C-3-O Zoning District and a 250-S Height and Bulk District. See first item under this case number for a project description.

Preliminary Recommendation: Adopt finding.

(Continued from Regular Meeting of February 19, 2004)

SPEAKER(S): Same as those listed for Item 9a.

ACTION: Approved with the following modifications:

1) On Attachment D, Page 2, the first paragraph begins: FURTHER RESOLVED, That the Planning Commission approve the decision concurs with the recommendation of the ...

2) On Attachment D, Page 2, add a paragraph after the second paragraph that reads: FURTHER RESOLVED, That 69,540 square foot hours of shadow may be caused by the addition to 690 Market Street to fall upon Union Square and deducted from the 392,663.5 square foot hours made available under Resolution 11915.

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

ABSENT: Boyd

MOTION: 16746

9c. 2003.0584EKXCMTZLU (A. LIGHT: (415) 558-6254)

690 MARKET STREET - north side at northeast corner of Kearny and Geary Streets, Lot 6, in Assessor's Block 311 - Request for a Determination of Compliance under Section 309 of the Planning Code to permit an eight-story vertical addition, historic façade restoration, and conversion of an existing office building to a mixed-use project for up to 64 residential dwelling units, up to 73 hotel time-share units, approximately 6,500 square feet of ground level retail space, and a sub grade parking garage (capable of accommodating up to 29 independently-accessible parking spaces and two loading spaces with the capability of accommodating up to 100 vehicles through the use of valet services and vehicle stacking), with exceptions to the Planning Code for the separation of towers requirement, residential open space requirements, publicly-accessible open space requirements, dwelling unit exposure requirements, ground-level wind currents, independently-accessible parking, sunlight access to sidewalks, and an upper tower extension, for the subject property, which is in the C-3-O Zoning District and a 250-S Height and Bulk District. See first item under this case number for a project description.

NOTE: The Proposed project has been revised to include up to 57 residential dwelling units, and up to 72 hotel time-share units in order to create several three-bedroom units and one four bedroom units.

Preliminary Recommendation: Approval of Determination of Compliance with Exceptions Motion with Conditions.

(Continued from Regular Meeting of February 19, 2004)

SPEAKER(S): Same as those listed for Item 9a.

ACTION: Commission gave approval subject to the granting of a variance for bay windows projecting over the property at 88 Kearny Street.

Approved with the following modifications:

1) On Attachment E, Page 43, Group 1, add the following:

C. Approval of the proposed bays in air space over the site at 66-88 Kearny Street is contingent upon separate granting of a Variance by the Zoning Administrator.

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

ABSENT: Boyd

MOTION: 16747

9d. 2003.0584EKXCMTZLU (A. LIGHT: (415) 558-6254)

690 MARKET STREET - north side at northeast corner of Kearny and Geary Streets, Lot 6, in Assessor's Block 311 - Request for a Conditional Use application to allow a hotel in the C-3-O (Downtown, Office) Zoning District, for the subject property, which is in the C-3-O Zoning District and a 250-S Height and Bulk District. See first item under this case number for a project description.

Preliminary Recommendation: Approval of Conditional Use Motion with Conditions.

(Continued from Regular Meeting of February 19, 2004)

SPEAKER(S): Same as those listed for Item 9a.

ACTION: Approved

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

NAYES: Feldstein

ABSENT: Boyd

MOTION: 16748

9e. 2003.0584EKXCMTZLU (A. LIGHT: (415) 558-6254)

690 MARKET STREET - north side at northeast corner of Kearny and Geary Streets, Lot 6, in Assessor's Block 311 - Request for adoption of a resolution recommending to the Board of Supervisors a General Plan amendment to change the height and bulk district of the existing site, which is in the C-3-O Zoning District and a 250-S Height and Bulk District. See first item under this case number for a project description.

Preliminary Recommendation: Adoption of Draft Resolution

(Continued from Regular Meeting of February 19, 2004)

SPEAKER(S): Same as those listed for Item 9a.

ACTION: Approved

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

ABSENT: Boyd

RESOLUTION: 16749

9f. 2003.0584EKXCMTZLU (A. LIGHT: (415) 558-6254)

690 MARKET STREET - north side at northeast corner of Kearny and Geary Streets, Lot 6, in Assessor's Block 311 - Request for adoption of a resolution recommending to the Board of Supervisors the approval of the creation of the Downtown Housing Demonstration Special Use District encompassing and comprised of the subject property, requiring a Planning Code Text Amendment and Zoning Map Amendment, for the subject property, which is in the C-3-O Zoning District and a 250-S Height and Bulk District. See first item under this case number for a project description.

Preliminary Recommendation: Adoption of Draft Resolution

(Continued from Regular Meeting of February 19, 2004)

SPEAKER(S): Same as those listed for Item 9a.

ACTION: Approved

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

ABSENT: Boyd

RESOLUTION: 16750

9g. 2003.0584EKXCMTZLU (A. LIGHT: (415) 558-6254)

690 MARKET STREET - north side at northeast corner of Kearny and Geary Streets, Lot 6, in Assessor's Block 311 - Request for adoption of a resolution recommending to the Board of Supervisors conditional designation of the subject property as San Francisco Landmark No. 243; and adoption of a second resolution finding that a proposed eight-to-thirteen-story addition to the existing building is consistent with the Secretary of the Interior Standards for Rehabilitation of Historic Structures, both for the subject property, which is in the C-3-O Zoning District and a 250-S Height and Bulk District.

Preliminary Recommendation: Adoption of both Draft Resolutions with Conditions

SPEAKER(S): Same as those listed for Item 9a.

ACTION: Approved with the following modifications:

1) On Attachment B2, under Conditions of Approval, on the last page should be revised to include a condition to require the Landmark Designation Report contain a section on labor history, to be approved by the Landmarks Preservation Advisory Board.

2) On Attachment B2, under Conditions of Approval, Condition No. 3: ...the Zoning Administration Director of Planning will confer with the Department Staff and the Landmarks Board before making a final written determination that the restoration work described in this resolution is in compliance with the approved rehabilitation program.

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

ABSENT: Boyd

RESOLUTION: 16751 and 16751a.

9h. 2003.0584EKXCMTZLU (A. LIGHT: (415) 558-6254)

690 MARKET STREET - north side at northeast corner of Kearny and Geary Streets, Lot 6, in Assessor's Block 311 - Request for adoption of resolution recommending to the Board of Supervisors conditional approval of a Mills Act HIstorical Property Contract for the subject property, which is in the C-3-O Zoning District and a 250-S Height and Bulk District.

Preliminary Recommendation: Adoption of Draft Resolution

SPEAKER(S): Same as those listed for Item 9a.

ACTION: Approved

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

NAYES: Feldstein

ABSENT: Boyd

RESOLUTION: 16752

Note: The following changes apply to all the motions or where changes are stated:

1) change in the unit count shall apply to all of the resolutions (from 133 to 106).

2) change of Section 315(a)(2) to 315.3(a)(2) to all the resolutions that apply.

3) All of the Planning Commission hearing dates should be changed from February 19, 2004 to March 18, 2004.

10. 2003.0587HXVLU (A. LIGHT: (415) 558-6254)

938-942 MARKET STREET - north side between Mason and Cyril Magnin Streets (also fronting on the east side of Mason Street between Market and Eddy Streets (the lot and structure are L-shaped)), Lot 5, in Assessor's Block 341 - Informational hearing on a proposal to convert an existing seven-story office building to approximately 33 dwelling units, add a one-story vertical penthouse addition, designate the building as a San Francisco Landmark, and enter into a Mills Act historical property contract. To build the project, the applicant must request the following: 1) a Permit to Alter under Article 11 for a substantial increase in height to a Category I Building; 2) a Determination of Compliance under Section 309 of the Planning Code to permit an one-story vertical addition, historic façade rehabilitation, and conversion of existing office space to approximately 33 residential dwelling units, with an exception to the Planning Code rear yard requirements; 3) the granting of residential open space, dwelling unit exposure, and parking variances; 4) recommendation to the Board of Supervisors for conditional designation as San Francisco Landmark No. 244; and 5) recommendation to the Board of Supervisors for conditional approval of a conditional Mills Act Contract; all for the subject property, which is in the C-3-G Zoning District and a 110-X Height and Bulk District. The Zoning Administrator will hear the variance application concurrently with the Planning Commission when this case is formally heard as proposed for April 22, 2004.

SPEAKER(S): Same as those listed for Item 9a.

ACTION: Informational Presentation Only. No Decision Required by the Commission. Item Continued to April 22, 2004.

PLEASE NOTE THAT ITEMS 11 - 15 WERE TAKEN OUT OF ORDER AND FOLLOWED THE DIRECTOR'S REPORT ON THE 1:30 P.M. CALENDAR.

11a. 2000.152CV (M. SNYDER: (415) 575-6891)

3229-3231 MISSION STREET - east side between Fair Avenue and Virginia Avenue, Lot 44 in Assessor's Block 5615 - Request for Conditional Use authorization to legally establish a second dwelling unit without providing additional parking pursuant to Planning Code Section 161(j). The subject property is within an NC-3 (Neighborhood Commercial - Moderate Scale) District, and a 40-X Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

SPEAKER(S):

(+) Harland Hoffman

- He purchased the building about five years ago. He has been slowly fixing it up.

- His office is located in the front of the building.

- He will be rebuilding the unit and making it larger.

- He will have less than the allowable height.

- He realizes that there is opposition from the neighbor behind him.

(-) Lewis Epstein

- He grew up in the house located in the rear of the proposed project.

- He does not object to the project but wishes that he would build in the front and not block an opening where one can see the setting sun.

- He displayed photographs of the houses in question.

- He feels he will be in a pit if this project is approved.

ACTION: Approved as Amended:

Condition 1: prior to the issuance of the building permit for the project, the Zoning Administrator shall approve and order the recordation of a notice in the official record of the recorder for the City and County of San Francisco for the premises block and lot. Such notice shall state the construction has been authorized by and is subject to the conditions of this motion from time to time after the recordation of such notice. At the request of the project sponsor, the Zoning Administrator shall affirm in writing the extent to which the conditions of this motion have been satisfied.

Condition 2: trash and recycling receptacles shall be stored inside a fully enclosed building except they may be placed outside of such building for pick up and removal of the trash and recyclable materials.

Condition 3: The project site and the improvements shall be maintained in a neat and attractive manner.

Condition 4: The property owner shall maintain the main entrance to the building and all sidewalks abutting the subject property in a clean condition. Such maintenance shall include at a minimum daily litter pick up and disposal and washing or steam cleaning of the entrance and abutting sidewalks at lease once each week.

Condition 5: Any street trees that are required under the Planning Code shall be planted and maintained at the project Site.

Condition 6: Project sponsor shall appoint a community liaison officer to deal with issues of concern to neighbors due to the operations of the project. The name and phone number of this liaison shall be reported to the Zoning Administrator for reference and contact.

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

MOTION: 16741

11b. 2000.152CV (M. SNYDER: (415) 575-6891)

3229-3231 MISSION STREET - east side between Fair Avenue and Virginia Avenue, Lot 44 in Assessor's Block 5615 - Request for a rear yard variance to reconstruct the rear stair, construct a stair penthouse, and construct approximately additional two feet of height to a permitted ground floor commercial space, within the rear yard area. The subject property is within an NC-3 (Neighborhood Commercial - Moderate Scale) District, and a 40-X Height and Bulk District.

SPEAKER(S):

(-) Lewis Epstein

- There is very little light that gets into the yard.

- He displayed a photograph of the yard showing how the buildings surrounding his yard cast shadows on his yard.

(+) Harland Hoffman

- The stairs are casting a shadow.

- If he misstated, he apologizes.

- The old stairs were blocking light going to the adjacent yard to the north.

ACTION: Zoning Administrator Closed the public hearing and granted the Variance

12. 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 four (4) 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 January 15, 2004)

SPEAKER(S):

(+) Jason Smith - Verizon Wireless

- The project involves four antennas on an existing motel.

- The location is a preference 4 location and is considered a preferred location since there were no locations with a lower number.

- The coverage in the area is extremely poor.

- Current customer use is growing at a significantly large rate.

- The only way to meet the wireless necessities of the area is to install these antennas.

- There would be a screen wall that will be painted the same color as the building where they will be installed.

- Trilingual notices were sent out about this antenna. There were neighborhood meetings and about 20 people attended.

- An attempt was made to install these antennas at the Lucas Film location in the Presidio but there was no interest.

- The applicable site complies with the Planning Code sections as well as the WTS Guidelines.

(-) Mary Irene Zemenek

- She lives behind the building where the proposed antenna is proposed to be installed.

- She is opposed to this installation. She did a study. She made calls from her home and from various locations on the street near the proposed site and had zero dropped calls.

(-) Albert Dong

- He and his family owns 3030 Broderick Street which is located directly above and next to the proposed Verizon site.

- He is also a resident of the building. All of the tenants of this building have signed a petition against this installation.

- Their fears are sincere and he hopes the Commission will take them into consideration.

- The building where the proposed antenna is to be installed is right at the bottom of a steep hill so the antenna is directly across from his apartment.

- He believes that a win-win situation could be achieved if this antenna is installed at the Presidio.

(-) Jan Diamond

- The proposed installation is not a desirable thing for this location.

- There are hundreds of signatures of people who are opposed to the project.

- The Planner only received one call in support of the project.

- She is sure that Verizon will bring some neighbors in to prop up their argument.

- She urged the Commission to find out where the people in support really live.

- She believes that although Verizon is requesting installation for 4 antennas, they really want eight.

- The notices that Verizon sends really looks like junk mail. Many people probably did not read them.

(-) Tony David

- He opposes this application.

- What do opponents need to show for the Commission to disapprove a proposal like this?

(-) Dale F. Bentson

- He lives on Greenwich Street.

- He is concerned about property values and property taxes.

- If the neighbors allow this installation, there will soon be other cell phone carriers who will want to install their antennas in the neighborhood.

- It has been proven already that the neighborhood does not need this since there are not any dropped calls.

- These antennas are not welcome in his neighborhood.

(-) Don Weil

- He lives on Greenwich Street.

- Mark Longwood and he stood in the area where this antenna is proposed and his phone was programmed to receive the signals and determine the strength level and which antennas he was picking up. This took place for an hour and a half and they did not get any dropped calls during that time.

- He disputes the information provided by Verizon stating that there is a need to install antennas.

(-) Jame Weil

- She lives behind the motel and the proposed site.

- There is no proof that there is low cell phone quality.

(-) Barbara Simkin

- She lives on Greenwich Street.

- She opposes this installation.

- It has not been mentioned but Lucas Film will be having a site with 2,500 employees in the next year.

- She cannot believe that Verizon does not have planned the need for these 2, 500 employees. She feels that the antennas should be located at the Lucas Film site.

(-) Richard Rypinkski

- He is a renter so he has no concern for property value.

- It does not take a horticulturist to determine that the trees near the project site are dying.

- He has no small children but understands the concerns of the other neighbors.

- He is concerned with the planning issues because he is a former planning commissioner.

(-) Kathleen David Zemanek

- She is concerned that by approving these antennas, there is no positive balance for the residents of Cow Hollow.

- She did not do such a formal study as the others, but she has several friends that use Verizon and they have excellent service with no dropped calls.

(-) Julia Noy

- She went to the Verizon store and they told her that people have been getting excellent service because of the antenna at Ghirardelli Square.

- She urged the Commission to deny this proposal.

(-) Steven Callow

- There is a flow of inconsistencies with information that has been provided to both the public and the Commission.

(-) Irene Zemanek

- She is the proud grandmother of two children whose bedroom will be directly across from the site where these antennas will be installed. This is the reason she is opposed to this installation.

- She read a letter from a neighbor who is opposed to this proposal.

- She urged the Commission to reject this proposal.

(-) Albert Hom

- He has been appalled at the lack of information provide to the public as well as the inconsistencies.

- This application is therefore flawed.

- He believes that Verizon has been careless and lazy in the preparation of this application.

(-) Elizabeth Traub

- She is a homeowner near the proposed site.

- She has three children.

- She will continue to fight so that these antennas will not be installed.

(-) Jack Grandcolas

- He read a letter from the Cow Hollow Association who is opposed to this installation.

(-) Lori Brooke

- She asked everyone in the hearing room who is against this application to stand.

- She is a cell phone user and is not against progress, but there should be intelligent progress.

- The Presidio is the only location where everyone has been in agreement for the location of these antennas.

(-) Patricia Voughey

- There is no necessity for these antennas.

- These antennas are for proposed use and not for existing use.

- These major corporations are offering them a third of the going rate to go in at a lower deal. This should not happen anywhere in this City.

- This application should be denied because of the principal of it all.

ACTION: Approved

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

NAYES: Feldstein

MOTION: 16742

13. 2003.0829C (M. SMITH: (415) 558-6322)

1151-1153 GENEVA AVENUE - north side of the street between Edinburgh and Naples Streets, Lot 017 in Assessor's Block 6405 - Request for Conditional Use Authorization pursuant to Planning Code Section 161(j) to allow a dwelling unit without parking to be added to an existing mixed-use building, located in a NC-1 (Neighborhood Commercial Cluster) District and 40-X Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

SPEAKER(S):

(+) Eli Shamia

- This project will add one residential unit and each will be larger than they are now.

- This area is a high transit area.

- He just wants to enhance the building and the area.

ACTION: Approved as Amended: Condition No. 6, on Page 9, shall be deleted.

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

MOTION: 16743

14. 2003.0762C (B. FU: (415) 558-6613)

1135 EVANS AVENUE - southwest corner of Evans Avenue and Middle Point Road, Lot 014, Assessor's Block 4602A - Request for Conditional Use authorization under Planning Code Sections 711.83 and 790.80 to install a wireless telecommunications facility consisting of 3 panel antennas and a microwave dish on the existing 69-foot lattice pole and related equipment on the ground as a part of Cingular's wireless telecommunications network within a NC-2 (Small-Scale Neighborhood Commercial) District and a 40-X Height and Bulk District. The site is a Location Preference 1 (Preferred Location - publicly-used structures).

Preliminary Recommendation: Approval with Conditions

SPEAKER(S):

(+) Misako Hill - Cingular Wireless

- At the first outreach meeting there was one person who attended from the India Basin Neighborhood Association. This person did submitted a letter of support.

- She thanked the planner for such great service.

- This location is the highest in the search ring for this site.

- There is very poor service for Cingular customers in this area.

- The proposed site will improve coverage and service to Cingular customers.

(+) Francisco Da Costa

- He was impressed from the previous antenna case.

- The Commission should look for quality of life issues when dealing with these types of cases.

- In this area of the Bay View, there is a need for something like this because there are a lot of emergencies.

- A cell phone could save people's lives.

ACTION: Hearing Held. Item Continued to April 8, 2004. Public Hearing Remains Open. Project sponsor was instructed to provide better maps.

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

15. 2002.1084C (M. LI: (415) 558-6396)

321-323 GRANT AVENUE - west side between Bush and Sutter Streets, Lot 003 in Assessor's Block 0286 - Request for conditional use authorization to establish a tourist hotel use within a C-3-R (Downtown Retail) District and an 80-130-F Height and Bulk District. The existing building, the Baldwin Hotel, contains 61 residential hotel rooms, of which 47 are vacant. The proposed project is to convert all 61 residential hotel rooms to tourist hotel rooms. There will be no physical expansion of the existing building.

Preliminary Recommendation: Approval with Conditions

SPEAKER(S):

(+) Joel Yodowitz - Project Sponsor

- This proposal is to convert the residential units to hotel use.

- No tenants will be displaced by the proposal.

- Each of the existing tenants support the project.

- Three people are here in support but will not speak to save time.

- This project will provide a moderately priced alternative to visitors to the City.

- He requests a change under the Conditions of Approval. Under Paragraph 2, which states that the three year duration of the Conditional Use..., should be modified to read that the three year period would run from the date of issuance of a permit to convert under residential hotel unit conversion and demolition ordinance rather than three years commencing to run from the approval date in the motion because this administrative process will take a year.

ACTION: Approved with Amendments to the Findings as follows: the authorization granted shall be valid for three years after the date of the adoption of this motion and shall become null and void after that time if the required permit to convert has not been obtained.

Page 2 - Finding No. 3, the very last paragraph should add the following language: there is no evidence that the project sponsor made broader efforts to lease the vacant rooms.

Page 3 - Finding No. 5, the third paragraph should reference the documentation of the offers of the lifetime leases.

Page 6 - Finding No. 12, the second paragraph, the second sentence should add the following: ...continuance efforts (the limited in the scope of outreach).... A note should be listed that the vacancy rates are inaccurate and misleading.

Strike the third and fourth paragraph of Finding 12 since staff does not have the capacity to review the economic viability of the projects.

Finding No. 15, a, paragraph 2, the third sentence: ...continuance efforts (the limited in the scope of outreach)...

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

MOTION: 16744

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))

Mary Murphy - Farella, Braun and Martel

Re: 690 Market Street Project

- She thanked staff for the amazing work they have done.

- The Planning Department has great staff.

Adjournment: 7:46 p.m.

THESE MINUTES ARE PROPOSED FOR ADOPTION AT THE REGULAR MEETING OF THE PLANNING COMMISSION ON THURSDAY, May 6, 2004.

SPEAKERS: None

ACTION: Approved

AYES: Antonini, Boyd, Hughes, W. Lee

ABSENT: Bradford Bell and S. Lee