April 8, 2004

SAN FRANCISCO
PLANNING COMMISSION

Meeting Minutes

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

Thursday, April 8, 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 1:35 p.m.

STAFF IN ATTENDANCE: Larry Badiner - Acting Director of Planning; Craig Nikitas - Acting Zoning Administrator; Steve Shotland; Ben Fu; Nora Priego - Transcription Secretary; Linda Avery - Commission Secretary

A. CONSIDERATION OF ITEMS PROPOSED FOR CONTINUANCE

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

1. 2003.1285D (T. TAM: (415) 558-6325)

3340 BAKER STREET - east side between North Point and Bay Streets, Lot 25 in Assessor's Block 0923 - Request for Discretionary Review for Building Permit Application No. 2003.08.04.1168s, proposing to construct a new three-story rear horizontal extension with a new roof deck on top to an existing three-story, single-family dwelling. The property is located in the RH-1 (Residential, House, One-Family) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Do not take Discretionary Review and approve the project as proposed

(Proposed for Continuance to June 3, 2004)

SPEAKER(S): None

ACTION: Without hearing, item continued to June 3, 2004

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

2a. 2003.1214D (S. VELLVE: (415) 558-6263)

120 MAYNARD STREET - south side between Craut and Congdon Streets; Lot 039 in Assessor's Block 5894 - Mandatory Discretionary Review, pursuant to the Planning Commission's policy requiring review of housing demolition, of Demolition Permit Application 2002.11.22.2105, proposing to demolish a single-family dwelling in a RH-1 (House, One-Family) Zoning District, and a 40-X Height and Bulk District.

Preliminary Recommendation: Pending

(Continued from Regular Meeting of February 26, 2004)

(Proposed for Continuance to May 13, 2004)

SPEAKER(S): None

ACTION: Without hearing, item continued to May 13, 2004

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

2b. 2003.1215D (S. VELLVE: (415) 558-6263)

120 MAYNARD STREET - south side between Craut and Congdon Streets; Lot 039 in Assessor's Block 5894 - Mandatory Discretionary Review, under the Planning Commission's policy requiring review of new residential building in association with residential demolition, of Building Permit Application 2002.11.22.2107, proposing to construct a two-story over ground/garage, single-family dwelling in a RH-1 (House, One-Family) Zoning District, and a 40-X Height and Bulk District.

Preliminary Recommendation: Take Discretionary Review and approve with modifications.

(Continued from Regular Meeting of February 26, 2004)

(Proposed for Continuance to May 13, 2004)

SPEAKER(S): None

ACTION: Without hearing, item continued to May 13, 2004

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

2c. 2003.1216D (S. VELLVE: (415) 558-6263)

122 MAYNARD STREET - south side between Craut and Congdon Streets; Lot 040 in Assessor's Block 5894 - Staff initiated and public Request for Discretionary Review of Building Permit Application 2002.11.22.2101, to construct a new two-story over ground/garage, single-family dwelling located in an RH-1 (House, One-Family) District, and a 40-X Height/Bulk District.

Preliminary Recommendation: Take Discretionary Review and approve with modifications.

(Continued from Regular Meeting of February 26, 2004)

(Proposed for Continuance to May 13, 2004)

SPEAKER(S): None

ACTION: Without hearing, item continued to May 13, 2004

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

3. 2004.0151D (M. WOODS: (415) 558-6315)

2250 JACKSON STREET - north side between Buchanan and Webster Streets; Lot 008 in Assessor's Block 0589 - Mandatory Discretionary Review, under the Planning Commission's policy requiring review of all dwelling unit mergers, of Building Permit Application No. 2003.07.07.8857S, proposing to merge five dwellings units to a single-family residence in an RH-2 (Residential, House, Two-Family) District and 40-X Height and Bulk District.

Preliminary Recommendation: Pending

(Continued from Regular Meeting of February 26, 2004)

(Proposed for Continuance to June 10, 2004)

SPEAKER(S): None

ACTION: Without hearing, item continued to June 10, 2004

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

4. 2000.465E (R. COOPER: (415) 558-5974)

HOUSING ELEMENT OF THE SAN FRANCISCO GENERAL PLAN - Appeal of the Preliminary Negative Declaration for the proposed revision of the Housing Element of the San Francisco General Plan, which is an update of the 1990 Residence Element of the San Francisco General Plan. The Housing Element is a public policy document that comprehensively addresses issues of housing needs for San Francisco residents and households. Included in the Housing Element is San Francisco population, employment and housing data analysis. Eight new policies are proposed to be added to the 63 policies and 11 objectives that have been modified or retained from the 1990 Residence Element.

Preliminary Recommendation: Uphold Preliminary Negative Declaration

(Continued from Regular Meeting of April 1, 2004)

(Proposed for Continuance to April 22, 2004) May 13, 2004

SPEAKER(S):

Re: Continuance

Greg Hylton

- He requested that this case be heard separately from the Housing Element.

Beverly J. McCallister

- It is very important that the Commission deal with the Housing Element separate from the Negative Declaration.

- She and various neighborhood groups are very concerned and want the public to be able to speak on each of the items.

Patricia Voughey

- She would like to have the Housing Element be separate from the Negative Declaration.

- She approves of a continuance.

Adena Rosmarin

- She agrees that both the Housing Element and the Negative Declaration should be separate. This would give the public an opportunity to speak on each item.

ACTION: Without hearing, item continued to May 13, 2004

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

5. 2003.0873D (G. CABREROS: (415) 558-6169)

2524-2540 ANZA STREET - north side between 16th and 17th Avenues; Lot 023 in Assessor's Block 1528 - Request for Discretionary Review of Building Permit Application No. 2002.12.10.3209, proposing to add a new fourth floor to the existing three-story, four-unit building in an RM-1 (Residential, Mixed, Low-Density) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Do not take Discretionary Review and approve

(Continued from Regular Meeting of February 26, 2004)

(Proposed for Indefinite Continuance)

SPEAKER(S): None

ACTION: Item continued indefinitely.

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

B. COMMISSIONERS' QUESTIONS AND MATTERS

6. Consideration of Adoption - Draft Minutes of March 4 and 25, 2004.

Minutes of March 4, 2004:

SPEAKER(S): None

ACTION: Approved as Corrected: Commission President, Shelley Bradford Bell was not in attendance for that hearing.

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

EXCUSED: Bradford Bell

Minutes of March 24, 2004:

SPEAKER(S): None

ACTION: Approved

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

EXCUSED: Boyd and Hughes

7. Commission Comments/Questions

Commissioner Feldstein:

Re: Welcomed a full Commission.

Re: 40^th Avenue

- The Commission has received letters regarding this case asking for clarification of the decision the Commission made. She does not know what the procedure is.

Acting Director Responded:

- When the Commission takes an action and imposes conditions, this becomes like the Planning Code. It is the Zoning Administrator's responsibility to determine and interpret the Planning Code or the conditions imposed by the Commission. If staff has a question from the maker of the motion, they will ask either informally or formally for clarification.

Re: Housing Element

- She feels that the Housing Element should be heard as a separate item from the environmental review document.

- She feels this is the better way to proceed.

Re: Search for Planning Director

- She has found out that the Mayor's Office has begun a search for a Planning Director.

- The Charter is clear that a Mayor shall appoint someone from a list of three candidates that is provided by the Commission. That has not happened.

- She is concerned that the Mayor's office will move forward without the required input from the Commission.

- She asked that the Mayor's office start a process with the Commission and that this topic be scheduled as soon as possible to discuss what the Commission would like to do.

Commissioner Antonini:

Re: Search for Planning Director

- He agrees with Commissioner Feldstein and would like to participate in choosing those three names.

Re: Housing Element

- It is imperative that differences regarding this item be resolved.

- The nature of the Housing Element itself will have an impact on the environmental [concerns].

Commissioner William Lee:

Re: Presentation from the Entertainment Commission

- Many of the permits issued by the Entertainment Commission will have an impact on Planning Commission cases.

- He requested a presentation from Bob Davis who is the Executive Director of the Entertainment Commission.

Commission Secretary:

Re: Various Presentations

1) Neighborhoods Parks Council scheduled for April 15, 2004.

2) AIA/SPUR scheduled for May 20, 2004 (tentative).

3) Arts Commission scheduled for May 27, 2004 (tentative).

C. DIRECTOR'S REPORT

8. Director's Announcements

Re: Department's Supplemental before the Finance Committee

- This has been presented to the Board by the Mayor's Office for approximately $6 million which includes money for salaries for the rest of the year and money for the Eastern Neighborhoods Environmental Review.

- This is tentatively scheduled for April 21, 2004.

Re: Vacation

- He will be on vacation next week.

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

BOS - None

BOA - None

D. PUBLIC COMMENT ON AGENDA ITEMS WHERE THE PUBLIC HEARING HAS BEEN CLOSED

At this time, members of the public who wish to address the Commission on agenda items that have already been reviewed in a public hearing at which members of the public were allowed to testify and the public hearing has been closed, must do so at this time. Each member of the public may address the Commission for up to three minutes.

None

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

10. 2002.0914R (D. ARGUMEDO/S. SHOTLAND: (415) 558-6308/558-6284)

675 TOWNSEND STREET. south side between 7^th and 8^th Streets; Lot 007 in Assessor Block 3799. 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, 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. The subject property (675 Townsend Street) is in an M-2 (Heavy Industrial) District and a 40-X/50-X (Height and Bulk) District.

Preliminary Recommendation: Find the proposal not in conformity with the General Plan

(Continued from Regular Meeting of March 25, 2004)

NOTE: On April 1, 2004, following pubic testimony, the Commission closed public hearing. The Commission entertained a motion to find this project not to be in conformity with General Plan by a vote +3 -2. Commissioners Antonini and Bradford-Bell voted no. Commissioners Boyd and Hughes were absent. The motion failed. The matter was continued to April 8, 2004 by a vote +5 -0 to allow the absent commissioners to participate in the final action. Commissioners Boyd and Hughes were absent.

SPEAKER(S): None

ACTION: Intent to Approve and request staff and project sponsor to explore the following: 1) moving the stairwell, 2) use pillars for public signage, or the building, instead of the sidewalk, 3) recess the doorway so that it doesn't project into the arcade; 4) determine if fire hydrants are required mid block; 5) are doors next to the adjacent building required to be closed all day; 6) staff to craft any additional conditions that the Commission did not consider that should be incorporated. Final Language: April 22, 2004.

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

NAYES: Feldstein

F. REGULAR CALENDAR

11. 2003.0762C (B. FU: (415) 558-6613)

1135 EVANS AVENUE - southwest corner at 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

(Continued from Regular Meeting of March 18, 2004)

SPEAKER(S):

John Newman - Cingular Wireless

- He regrets any inconvenience caused to the Commission at the previous hearing.

- The RF calculation is 3.16 percent of the allowable standard.

- There is a need to provide service to the Hunter's Point community.

- He hopes that with this revised and improved information, the Commission will approve this project.

ACTION: Approved

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

MOTION: 16765

12. 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 of a three story building in the Inner Clement Street Neighborhood Commercial District and a 40-X Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

(Continued from Regular Meeting of March 18, 2004)

SPEAKER(S):

(+) Alec Bash

- He asked members of the public who are in support of the project to rise (about 15 people did).

- He is prepared to present all of the merits of the case but he is not aware of any opposition.

- He is available for any questions.

ACTION: Approved

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

MOTION: 16766

13. 2003.1254D (E. TOPE: (415) 558-6316)

170 ST. GERMAIN AVENUE - north side at Glenbrook Avenue; Lot 009 in Block 2708 - Request for Discretionary Review of Building Permit Application No. 2003.07.31.0905, proposing to construct a one story horizontal and a one story vertical addition to an existing two story over basement single family dwelling in an RH-1 (D) (Residential, House, One-Family, Detached Dwelling) District and a 40-X Height and Bulk District.

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

(Continued from Regular Meeting of March 4, 2004)

SPEAKER(S): None

ACTION: Without hearing, item continued to May 6, 2004

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

14. 2003.1261D (D. DIBARTOLO: (415) 558-6291)

2245 FILBERT STREET - south side between Fillmore and Steiner Streets,: Lot 033 in Assessor's Block 0534 - Request for Discretionary Review of Building Permit Application No. 2003.05.28.5693, proposing to expand the existing third floor and demolish the existing rear stairs and construct new rear stairs with decks to serve all three floors of the two-unit building located in an RH-2 (Residential, Two-Family) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Take Discretionary Review and approve the project with modifications.

SPEAKER(S):

(-) Patrick Lew - Discretionary Review Requestor

- The proposed project will impact the amount of light to his mother's house.

- His mother could not come to the hearing because of health reasons.

- He and his mother have known the project sponsor for many years and have never had any problems with them.

(+) Alan Martinez - Project Architect

- The addition is going to be fairly attractive.

- The project sponsor has offered to install a skylight at the Discretionary Review requestor's home.

- The proposed suggestion from staff to remove a wall would not really help the view.

- He offered to install a window on the north side of the house or build a skylight.

(+) Gordon Tom - Project Sponsor

- He is expanding the building--his family consists of four and he would like to accommodate his ailing parents.

- He has tried to work with his neighbors to try to please them in different ways.

- He hopes that the Commission will look with favor of their project.

(+) Mary Tom

- She resides in the subject building.

- They have tried to offer the bigger window and/or the skylight to the Discretionary Review requestor to allow light to their property.

- She hopes that the Commission will approve the project as submitted.

ACTION: Did not take Discretionary Review and Approved the Project.

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

15. 2004.0174D (D. JONES: (415) 558-6477)

2 ORD COURT - south side between States and Douglass Streets; Lot 077 in Assessors Block 2619 - Discretionary Review request, for a building permit (No. 2003/07/11/9238) to allow the construction of a second-story, vertical addition to an existing one-story, single-family dwelling. The property is located 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 building permit as submitted.

SPEAKER(S):

(-) Claire Pilcher - Attorney for Discretionary Review Requestor

- The Discretionary Review requestor has a Masters degree in architecture so knows what is doable.

- She recommends that the Commission take discretionary review.

(-) David Cannon

- He lives on State Street.

- He is asking the Commission to approve a compromise since the proposed project will block light to his small yard.

- The project will damage the value and visibility of his property.

- He displayed photographs of all the sunshine that he receives onto his property in the mornings.

- He does not oppose his neighbor building a second story but there are ways to mitigate the negative impact.

- He has collected 29 letters from his neighbors who are in support of his alternative design.

(-) Christopher Hack

- He lives on Ord Court.

- Many of his immediate neighbors are becoming quite alarmed at all the development in the area.

- He feels strongly that the proposed project is not right for the neighborhood.

- All this development is causing a lot of historic homes to be removed.

(+) Alice Barkley

- She displayed a floor plan and explained why the proposed addition is very modest.

- She displayed an aerial map of the homes that are in support and in opposition of the project.

- She submitted a letter to the Commission containing photographs of the light well taken every hour to show the sunlight and shadows.

- There are no exceptional circumstances with this project.

(+) Denise Kessler

- She lives on State Street, which is immediately adjoining the Discretionary Review requestor.

- She shares her property line with the subject property.

- She has been living at this address for over 30 years.

- The project sponsors have been very considerate to her and she knows that they have given a lot of thought to this expansion. She knows that they have taken a lot of time to take into account the neighbor's needs.

ACTION: Did not take Discretionary Review and Approved the Project.

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

16. 2004.0193D (M. LUELLEN: (415) 558-6478

120-122 ALTA STREET - north side at Montgomery Street. Lot 041 in Assessor's Block 0105. Mandatory Discretionary Review for Building Permit Application No. 2003.03.14.9831 proposing to legalize a dwelling unit merger from 2 units to 1 unit, in an RH-3 (House, Three Family) District and a 40-X Height and Bulk District.

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

SPEAKER(S):

(+) Glare Halsing

- He displayed a floor map of the street level of the home.

- He purchased the property with the intent to renovate the street level part.

- The property was built as two units but he cannot find any documentation about this.

- He displayed photographs of the rooms in the house to show the narrowness of the rooms.

(+) Nan Roth

- She and her husband live two houses away from the subject project and own the property between them.

- She is appearing here today to ask that in exchange of the pending approval by the Commission of the merger, that a problem is remedied that has made it impossible for her and her husband to maintain their property in it's current vacant state and to replace the housing that was destroyed by fire in 1988.

- In exchange for granting the merger, the owners agree to record to title the granting of permanent access through that portion of Alta Street right-of-way within the boundaries of Lot 41 to the adjoining property owner of 124 Alta Street (Lot 37) in order to carry out maintenance and repair to that property. In the event that the owners of 124 Alta are issued a fully approved permit to construct housing on 124 Alta Street, the owners of 120-122 Alta Street will permit access for construction and following completion will grant access thereafter to the owners commensurate with that enjoyed by the owners of 116-122 Alta Street.

ACTION: Did not take Discretionary Review and Approved the Project.

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

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))

Alice Barkley

Re: Assignment of Staff Members for Environmental Review Matters

- Right now it is taking three months just to assign a staff member for an environmental review assignment.

- It is not possible to get a scoping study for a transportation analysis until staff is assigned. Meanwhile the clock is ticking on the streamlining act. It is becoming a huge problem that has to be solved.

Adjournment: 4:24 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