April 22, 2004

SAN FRANCISCO
PLANNING COMMISSION

Meeting Minutes

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

Thursday, April 22, 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 p.m.

STAFF IN ATTENDANCE: Larry Badiner - Acting Director of Planning; Craig Nikitas - Acting Zoning Administrator; Amit Ghosh; Sara Vellve; Jim Miller; Kate McGee; Tina Tam; Dan DiBartolo; Matt Snyder; Winslow Hastie; 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. 2002.0914R (D. ARGUMEDO: (415) 558-6308/S. SHOTLAND: (415) 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 April 8, 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.

NOTE: On April 8, 2004, the Commission passed a motion of intent to approve by a vote of +6-1; Commissioner Feldstein voted against. Final Language: April 22, 2004 for final language.

(Proposed for Continuance to May 6, 2004)

SPEAKER(S): None

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

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

ABSENT: S. Lee

2a. 2003.0304E (J. NAVARRETE: (415) 558-5975)

829 FOLSOM STREET - New Construction of 69 Residential Units: Appeal of Preliminary Negative Declaration The proposed project is new construction of 69 residential units in a nine-story, 80-foot tall, approximately 92,900 gross square-foot building covering a 10,313 square-foot site. A public parking lot currently occupies the project site, which would be demolished. About 63 parking spaces would be located in a basement-parking garage with parking entrances/exits on Shipley Street. There would be about 5,000 sq. ft. of ground floor retail space on Folsom Street. Pedestrian access would be on Shipley and Folsom Streets. The proposed project would require Conditional Use authorization for the project's proposed height above 40 feet. The project site is lot 91 in Assessor's Block 3752, on the south side of Folsom Street with street frontage also on Shipley Street, between Fourth and Fifth Street, within a South of Market Residential/Service District (SOM RSD) and a 40-X/85-B Height and Bulk District.

Preliminary Recommendation: Uphold the Preliminary Negative Declaration

(Continued from Regular Meeting of April 1, 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, W. Lee

ABSENT: S. Lee

2b. 2003.0304CV (J. PURVIS: (415) 558-6354)

829 FOLSOM STREET - south side between 4th and 5th Streets, a through lot to Shipley Street; Lot 091 in Assessor's Block 3752. Request for Conditional Use authorization under Planning Code Sections 157, 207.5, 263.11, and 271 to construct an 85-foot-tall, nine-story building exceeding bulk limits, for a mixed-use development with up to 70 dwelling units, up to 5,000 gross square feet of ground floor retail commercial space, and a 62-space parking garage exceeding accessory amounts. A rear yard modification is sought under Section 134(e) to provide rear yard open space within an inner court and on a 7^th floor setback of 10-15 feet along Shipley Street.

Preliminary Recommendation: Pending

(Continued from Regular Meeting of April 1, 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, W. Lee

ABSENT: S. Lee

2c. 2003.0304CV (J. PURVIS: (415) 558-6354)

829 FOLSOM STREET - south side between 4th and 5th Streets, a through lot to Shipley Street; Lot 091 in Assessor's Block 3752. The proposal is to construct a mixed-use development with up to 70 dwelling units, up to 5,000 gross square feet of ground floor commercial space and a 62-space parking garage. A rear yard modification is sought under Section 134(e) to provide rear yard open space within an inner court and on a 7th floor setback of 10-15 feet along Shipley Street. Variances are sought from the bay window projection limitations of Section 136(c)(2)(B) and from dwelling unit exposure requirements of Section 140(a)(2). The site is within an RSD (Residential/Service) Mixed-Use District, and a 40-X/85-B Height and Bulk District.

(Continued from Regular Meeting of April 1, 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, W. Lee

ABSENT: S. Lee

3. 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 - Request for 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 34 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.

(Continued from Regular Meeting of March 18, 2004)

(Proposed for further continuance to May 13, 2004)

SPEAKER(S): None

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

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

ABSENT: S. Lee

(M. FUNG: (415) 558-6364)

4. DISCRETIONARY REVIEW COST RECOVERY PROGRAM - On September 25, 2003, the Planning Commission directed the Department to implement full cost recovery for all Discretionary Review (DR) requests, as provided in Sections 352(b) and 350(c) of the Planning Code. On March 4, 2004, the Planning Commission continued the Discretionary Review (DR) Cost Recovery hearing to April 22, 2004 for interested neighborhood groups and department staff to address the Department's financial deficit issues vs. desire for affordable Discretionary Reviews, instead, the department now proposes the following:

Preliminary Recommendation: To initiate the code amendment to allow an application surcharge for all building permits reviewed by the Planning Department and to modify the Planning Code Fee Ordinance to increase the initial Discretionary Review fee to $300 from $133 to offset Discretionary Review costs.

(continued from Regular Meeting of March 4, 2004)

(Proposed for Continuance to May 20, 2004)

SPEAKER(S): None

ACTION: Without hearing, item continued to May 20, 2004

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

ABSENT: S. Lee

5a. 2004.0032D (J. PURVIS: (415) 558-6354)

43 HAMILTON STREET - east side south of Silver Avenue; Lot 007 in Assessor's Block 5919 - Mandatory Discretionary Review, under Planning Commission policy requiring review of all housing demolition permits, of Demolition Permit Application No. 2002.10.17.9296 proposing the demolition of a one-story, single-family dwelling in an RH-1 (Residential, House, One-Family) Use District, and a 40-X Height and Bulk District.

Preliminary Recommendation: Pending

(Continued fro Regular Meeting of March 11, 2004)

(Proposed for Continuance to May 27, 2004)

SPEAKER(S): None

ACTION: Without hearing, item continued to May 27, 2004

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

ABSENT: S. Lee

5b. 2004.0033D (J. PURVIS: (415) 558-6354)

43 HAMILTON STREET - east side south of Silver Avenue; Lot 007 in Assessor's Block 5919 - Mandatory Discretionary Review, under Planning Commission policy requiring review of all replacement structures following residential demolition, of Building Permit Application No. 2002.10.17.9298 proposing the construction of a two-story single-family dwelling in an RH-1 (Residential, House, One-Family) Use District, and a 40-X Height and Bulk District.

Preliminary Recommendation: Pending

(Continued from Regular Meeting of March 11, 2004)

(Proposed for Continuance to May 27, 2004)

SPEAKER(S): None

ACTION: Without hearing, item continued to May 27, 2004

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

ABSENT: S. Lee

6. 2003.1110T (I. WILSON: (415) 558-6163)

REQUIRED SECOND MEANS OF EGRESS - Ordinance Amending the San Francisco Planning Code to Allow a Required Second Means of Egress; Adoption of an ordinance amending the San Francisco Planning Code by adding a new section 136(c)(4)(A)(i-v) to allow certain stairways that are a required second means of egress under the Building Code, as permitted obstructions in the rear yard. The California Building Code no longer allows fire escapes as a second means of egress in most cases. This proposed text amendment provides an exemption to meet the requirements of the Building Code. This ordinance also includes changes to Section 311 and 312 to require neighbor notification for the addition of these stairways.

Preliminary Recommendation: Recommend approval of the ordinance to the Board of Supervisors.

(Continued from Regular Meeting of March 25, 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, W. Lee

ABSENT: S. Lee

7. 2003.1164D (M. WOODS: (415) 558-6315)

6725 CALIFORNIA STREET - south side between 29^th and 30^th Avenues, Lot 47 in Assessor's Block 1404 - Request for Discretionary Review of Building Permit Application No. 2003.03.13.9612 proposing to alter the existing two-story, single-family dwelling by raising the building approximately eight feet in order to create a new ground floor to contain a two-car garage, with a new dwelling unit behind, and expanding the building to the front, rear and sides. The subject property is located in an RM-1 (Residential, Mixed, Low Density) District and a 40-X Height and Bulk District.

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

NOTE: On January 22, 2004, following public testimony, the Commission closed the public hearing. The Commission expressed concerns that statements about preserving this structure or the essence of it are not reflected in the plans submitted. Item continued to March 25, 2004. Public hearing will remain open on any new information presented.

(Continued from Regular Meeting of March 25, 2004)

(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, W. Lee

ABSENT: S. Lee

8. 2003.0841C (G. NELSON: (415) 558-6257)

1950-1960 GREEN STREET - north side between Buchanan and Laguna Streets; Lot 040 in Assessor's Block 0542: Request for Conditional Use authorization pursuant to Sections 178(c) and 303 of the Planning Code to enlarge 2 legal dwelling units which exceed the density limit for the RH-2 (Residential, Two-Family) District and 40-X Height and Bulk District within an 11-unit residential building. The proposal is also to raise the building approximately four feet to create a new below-grade parking garage for 11 vehicles, and to expand the building toward the rear at the first, second, and third stories to allow enlargement of 4 of the 11 units. New entry stairs and a driveway/garage door will be constructed at the front.

Preliminary Recommendation: Approval with Conditions

(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, W. Lee

ABSENT: S. Lee

9. (M. CORRETTE: (415) 558-6295)

INNER MISSION NORTH, PHASE II HISTORIC RESOURCE SURVEY - Consideration to adopt a motion to endorse the Inner Mission North Cultural Resource Survey, Phase II and Draft Context Statement findings. The Inner Mission North Survey Area is bound by Dolores to the west, Mission, Natoma and Capp Streets to the east, Duboce Avenue to the north and 16th Street to the south and includes the following Assessor Parcels: Block 3532, Lots: 003, 004, 004A, 006, 007, 008, 009, 010, 011, 012, 012A, 019B, 025, 043, 044, 049, 050, 051, 052, 053, 054, 055, 056, 056A, 057,058, 059, 060, 062, 064, 065, 065A, 068, 069, 071. Block 3533, Lots: 007, 008, 011, 013, 015, 016, 017, 018, 019, 020, 021, 022, 023, 026,026A, 029, 031, 032, 033, 033, 034, 039, 040, 041,042, 043, 044, 044A, 046, 047, 048, 049, 050, 051, 051A, 052, 055, 056, 057, 058, 059, 060, 061, 063, 064, 065, 066, 067, 068, 069, 070, 070A, 072, 073, 075, 076, 077, 078, 079, 080, 081, 082, 083, 084. Block 3534, Lots: 002, 003, 004, 005, 006, 006A, 007, 010A, 011, 012, 013, 014, 015, 016, 017, 017A, 017B, 017D, 017E, 018, 019, 020, 022, 024, 025, 025A, 025B, 025C, 025D, 025E, 026B, 027, 028, 031, 031A, 032, 034, 035, 036, 037, 038, 040, 041, 043, 047, 048, 049, 050, 056, 058, 063, 064, 065, 068, 095, 096, 097, 098, 099, 100, 103, 104, 105. Block 3544, Lots: 003, 004, 006A, 008, 010, 011, 79,80,81, 013, 013A, 015, 016, 017. Block 3545, Lots: 018A, 019, 022, 022, 023, 024, 025A, 026, 027, 028, 029, 032, 033, 034,035, 036, 037, 038, 039, 040, 041, 042, 043, 044, 045, 046, 050, 055, 057, 058, 059, 062, 063, 064, 066, 067, 068, 069, 070, 071, 073, 074, 077, 078, 079, 082, 083, 085, 086, 087, 088, 089, 090, 091, 092, 092 A, 093, 094, 096, 097, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120,121. Block: 3547, Lots: 003, 004, 005, 007, 008, 018B, 019, 027. Block 3548, Lots: 019, 020, 021, 023, 024, 025, 026, 027, 028, 031, 032, 036, 036A, 039, 040, 041, 044, 045, 047, 049, 050, 053, 054, 055, 056, 057, 058, 058, 059, 060, 061, 062, 064, 065, 068, 069, 070, 071, 072, 073, 074, 077, 078, 079, 081,082, 083, 084, 086. Block 3553, Lots: 022, 032, 043, 044, 045, 046, 047, 048, 052. Block 3554, Lots: 002, 003, 007, 008, 012, 030, 031, 032, 032A033, 033A, 034, 035, 036, 037, 040, 043, 045, 046, 046A, 047, 051, 052, 055, 056, 057. Block: 3555, Lots: 002, 004, 016, 017, 018, 021, 022, 023, 024, 025, 026, 027, 028, 029, 031, 031A, 031B, 031C, 031D, 031E, 031F, 031G, 033, 034, 042, 044, 045, 047, 048, 049, 050, 051, 052, 053, 054, 055A, 055B, 058, 063. Block 3556, Lots: 002, 003, 004, 005, 006, 007, 008, 016, 017, 018, 019, 020, 021, 023, 027, 030, 033, 035, 037, 038, 039, 048, 230-236, 57, 58, 59. Block 3557, Lots: 008, 008A, 009A, 009B, 010, 011, 012, 013, 014, 015. Block 3567, Lots: 034, 035, 036, 037, 039, 040, 041, 042, 044. Block 3568, Lots: 001, 059, 059, 061, 062, 063, 064, 066, 067. Block 3569, Lots: 049, 050, 051, 075, 076, 077, 078. Block 3570, Lots: 047A, 047C. Phase I gathered information on the physical characteristics of 420 properties in the survey area on DPR 523A forms. Phase II gathered information on the history of each property and evaluated 420 properties, utilizing DPR 523B forms. Evaluations are based on National Register Criteria and assess each property for eligibility for listing in the National Register, California Register, and Local registration. The evaluations consider properties individually and as members of groups, or districts. A historical context was developed as a framework for the evaluation. Survey conclusions and context statement are on the Planning Department's web page at http://www.ci.sf.ca.us/planning/preservation/InnerMiss.pdf

Preliminary Recommendation: Pending

(Proposed for Indefinite Continuance)

SPEAKER(S): None

ACTION: Without hearing, item continued indefinitely

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

ABSENT: S. Lee

10. 2003.0949CV (G. CABREROS: (415) 558-6169)

3300 CLAY STREET - northwest corner of Presidio Avenue and Clay Street, Lot 003 in Assessor's Block 0997 -- Rear yard, open space and nonconforming structure variances from Planning Code Sections 134, 135 and 188, respectively, are sought. A six-unit apartment building currently occupies most of Lot 003 and a portion of Lot 004. While the lot line adjustment, proposed via the Conditional Use case described above, would result in the apartment building being entirely contained on Lot 003, Lot 003 would remain non-complying with the above provisions requiring variances. The site is within an RM-1 (Residential, Mixed, Low Density) District and a 40-X Height and Bulk District.

(Variance has been Withdrawn)

SPEAKER(S): None

ACTION: Variance has been withdrawn

B. COMMISSIONERS' QUESTIONS AND MATTERS

11. Commission Comments/Questions

Commissioner Feldstein:

Re: Resignation as Commissioner

- Announced that effective at the close of the hearing on the Transbay Terminal today she will be resigning from the San Francisco Planning Commission.

Commissioner Bradford Bell:

Re: Commissioner Feldstein's Resignation

- She stated that the Commission has been very fortunate. Many people thought there would be fireworks as a result of a Commission chosen by the Board of Supervisors and the Mayor.

- It has been a pleasure for her to work with Commissioner Feldstein. She has brought organization and fairness to the Commission.

Commissioner Antonini:

Re: Commissioner Feldstein's Resignation

- He is thankful to have worked with Commissioner Feldstein. All of her decisions have been totally prepared and supported with findings.

- He wished her luck in her future endeavors.

Re: Rental Market

- He read an article regarding the softness in the rental market.

- The lesson here is that the Commission has to base their findings in regards to policies on what is the present state of affairs and not what used to be the state of affairs.

Commissioner Boyd:

Re: Commissioner Feldstein's Resignation

- Assertive and Aggressive - these words combined describe Commissioner Feldstein's professionalism towards the Commission.

- There was a perception that the Commission would not go beyond deadlock, this has not been the case at all.

- He wished her blessings.

Commissioner William Lee:

Re: Commissioner Feldstein's Resignation

- He thanked Commissioner Feldstein for bringing the Commission to another dimension.

- Although they voted differently on various items, he respects her very much.

- He knows that her daughter will be a developer in the future.

Commissioner Hughes:

Re: Commissioner Feldstein's Resignation:

- He will miss Commissioner Feldstein and is sorry to see her go.

- As Commissioners, it is their job to contribute their time and background to the City of San Francisco. Commissioner Feldstein has risen above what the average Commissioner should bring.

- He wished her luck in future endeavors and hopes to work with her again.

Commissioner Bradford Bell:

Re: Home Depot EIR project and Commissioners appointments on the Eastern Neighborhoods project.

- She wants to know what the status is on these.

Acting Director Badiner responded:

Re: Home Depot

- It is his understanding that as of two weeks or so ago staff was waiting for comments and revisions from the project sponsor.

- He will find out about these responses and will communicate them to Commissioners via email next week and to the public at the next meeting.

Re: Eastern Neighborhoods

- This just started to move ahead this week because staff misunderstood that he wanted to be in every meeting. They were trying to accommodate his schedule.

- Staff should now have started setting up meetings, with or without him being available.

C. DIRECTOR'S REPORT

12. Director's Announcements

Re: Commissioner Feldstein's Resignation

- He mentioned that having worked with Commission Feldstein was educational and an honor.

Re: Friends of City Planning Annual Dinner

- The dinner was a success. It was the first time that it was sold out.

- There was a wide range of people in attendance.

- The dinner also raised a lot of money-not yet aware of the amount .

Re: SOMA and Mission

- These items will be re-examined. The policies vs. controls in the Mission; and the specific boundaries in the SOMA and what was included and excluded. SOMA will be scheduled for the May 6, 2004 hearing. The Mission will be scheduled for June 3, 2004.

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

BOS -

Land Use Committee

Re: Large Scale Retail

- The Commission heard this at the end of last year.

- The Committee heard an ordinance that requires Conditional Use for any retail use in excess of 50,000 sq. ft. and it would prohibit retail in excess of 120,000 sq. ft. in any district other than Downtown.

- There were other amendments such as market demands, traffic shift patterns, etc.

- This will be heard again next Monday.

Re: Mills Act Contract

- This will be considered by the Finance Committee some time next month.

Re: 55 Fifth Street

- The Commission passed recommending ordinances. This had the final reading this past Monday.

BOA - None

D. REGULAR CALENDAR

14. 2003.1273C (S. VELLVE: (415) 558-6263)

2001 37^TH AVENUE (aka 2750 RIVERA STREET) - west side between Quintara and Rivera Streets, Lot 006 in Assessor's Block 2094 - Request to amend Conditional Use Authorization 1989.477C and Motion 12024 pursuant to Sections 303 and 209.3(h) of the Planning Code to install outdoor lighting to allow evening use of an existing athletic field at Saint Ignatius Preparatory School within a RH-1 (Residential, House, One-Family) Zoning District and a 40-X Height and Bulk District. The proposal is to install four posts with light fixtures at each corner of an athletic field located between the parking lot/tennis courts at 37^th Avenue and Rivera Street and the gymnasium and swimming facilities. The poles and light fixtures will be up to 40 feet high and located 170 feet north of the Rivera Street frontage, and over 400 feet from 36^th Avenue and 39^th Avenue.

Preliminary Recommendation: Approval with Conditions

SPEAKER(S):

(+) Steven Wong - Project Architect

- The lights will be located on the practice field--not on the main football field.

- The lights are quite a distance from neighboring residences.

- They found lighting that meets the needs of the neighborhood.

- He is available for questions.

(+) Jim Salinas

- This school is very well known and has been a very good community partner.

- Whenever there have been issues, the school has always reached out to the neighbors.

ACTION: Approved

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

ABSENT: S. Lee

MOTION: 16770

15. 2003.0949C (G. CABREROS: (415) 558-6169)

3300 CLAY STREET - northwest corner at Presidio Avenue, Lot 004 in Assessor's Block 0997 - Request for Conditional Use Authorization under Planning Code Sections 121 and 303 to create a lot measuring less than 25 feet in width, having an area of not less than 1,500 square feet, and to contain a single-family residence in an RM-1 (Residential, Mixed, Low Density) District and a 40-X Height and Bulk District. The proposal is to adjust the property line between Lots 003 and 004 so that the existing six-unit apartment building (located to the east) is entirely contained on Lot 003 and to allow the construction of a new three-story, single-family residence on Lot 004.

Preliminary Recommendation: Approval with Conditions

SPEAKER(S):

(+) Carol Bayer and Robert Bayer- Project Sponsor

- She is the owner of the property.

- They have lived in the neighborhood for 35 years.

- This is a vacant site so they are not demolishing anything.

- They want to build a single-family house that would enhance the neighborhood.

(-) Doug Cain

- There is a legal legislated setback of seven feet.

- This intrusion cannot be approved by either a variance or conditional use action. The Board of Supervisors can only change it.

- This project will threaten the property values of the homes in the neighborhood.

- The proposed exterior has no architectural details.

- There is a long list of codes that this property is negating.

(-) Carol Scott

- She has not had time to review the proposed changes but have multiple concerns such as moving a building that is almost 100 years old. She is also concerned about the historical significance of the building.

- The Presidio Heights Residents Association has not had time to analyze this project.

- What would be the result of heavy construction in the area?

- There will be a lot of discomfort to the residents of the building.

- She works on the computer daily to prepare for her college teaching and the construction would be disruptive.

(+) William Pashalinsky - Project Architect

- This is like a "little sister" to the existing building.

- There will be a five-foot setback to preserve the light coming into the buildings.

- The building is code conforming.

- They will install very attractive plants and flowers to keep an attractive front to the building.

(-) Michael Needham

- He is opposed to the project because he feels that it will be too large.

- From the drawings that he has seen, he feels that the project will have an impact on the space atmosphere of his units.

- This project will have a negative impact on the neighborhood.

(-) Jane Cain

- She did not have any warning of this proposal.

- There was a letter that was slipped underneath her door that did not give too much information.

ACTION: Approved with the following amendment: Allow part of the proposed lot 004 to be kept as open space for lot 003, creating an L-shaped lot.

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

ABSENT: S. Lee

MOTION: 16771

16a. 2004.0090EKCV (G. CABREROS: (415) 558-6169)

2655 VAN NESS AVENUE - southwest corner of Van Ness Avenue and Greenwich Street, Lot 001 in Assessor's Block 0522 -- Request for Conditional Use Authorization under Planning Code Sections 253 and 271 to allow a building to exceed 40 feet in height and to exceed the prescribed bulk limit in an RC-3 (Residential-Commercial Combined, Medium Density) District and a 65-A Height and Bulk District. Above a height of 40 feet, the A Bulk District allows a maximum building length of 100 feet and a maximum diagonal dimension of 125 feet. The proposal is to demolish the existing three-story commercial building (former uses include a television station and most recently a tennis club) and to construct a new six-story, mixed-use building up to 65 feet in height and with a maximum length of 128 feet and a maximum diagonal measurement of 146 feet above a height of 40 feet. The new building proposes up to 29 dwelling units, 43 parking spaces in a below-grade garage, and approximately 4,700 square feet of commercial space at street level. A concurrent hearing before the Zoning Administrator will be held for a Variance request.

Preliminary Recommendation: Approval with Conditions

SPEAKER(S): None

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

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

ABSENT: S. Lee

16b. 2004.0090EKCV (G. CABREROS: (415) 558-6169)

2655 VAN NESS AVENUE - southwest corner of Van Ness Avenue and Greenwich Street, Lot 001 in Assessor's Block 0522 -- Rear yard and dwelling unit exposure variances from Planning Code Sections 134 and 140 are sought. The proposal is to demolish the existing three-story commercial building and to construct a new six-story, mixed-use building up to 65 feet in height with up to 29 dwelling units, 43 parking spaces in a below-grade garage, and approximately 4,700 square feet of commercial space at street level. The proposed building measures 122 feet long and 70 feet deep, a rear yard Variance is requested. A five-foot rear yard is proposed along the western portion of the lot where an 18.75-foot rear yard is required. A Variance from the exposure requirements is also requested. Eight units along the west side of the proposed building would not meet the dwelling unit exposure requirement, which requires all dwelling units to face onto either a street or Code-complying rear yard. The subject property is located in an RC-3 (Residential-Commercial Combined, Medium Density) District and a 65-A Height and Bulk District.

SPEAKER(S): None

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

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

ABSENT: S. Lee

17a. 2003.0535EDDV (J. MILLER: (415) 558-6344)

937 - 939 JACKSON STREET - Consideration of a Motion adopting findings related to a determination of compliance under the California Environmental Quality Act as described in a Final Mitigated Negative Declaration of Environmental Review for the construction project proposed (demolition of a two-family dwelling and the construction of a new nine-unit residential building), Lot 028 in Assessor's Block 0191.

Preliminary recommendation: Adopt CEQA Findings

SPEAKER(S):

(-) Rick Riley - 900 Block of Jackson Street Residents

- He has lived on this street for more than 10 years.

- A compromise was reached when various changes were made.

(+) Jim Reuben, Representing the Project Sponsor

- There was a hearing scheduled last December.

- There were various neighbors who attended the Board of Supervisors hearing.

- There is actually an agreement now. (This is shown in a submittal that he has presented to the Commission.)

- It is important to note that the environmental document has not been appealed.

- The reason why some people oppose this project is actually the reason why it should be supported--it is near transit, parks, etc.

- He displayed a diagram of the facades of the houses on that block.

- He urged the Commission to approve this project.

(-) Edwin Wong

- He lives on Jackson Street, near where the project will be located.

- The entire neighborhood does not approve this project.

- He has read the report many times and is still confused because there are a lot of errors.

(-) Stella Jeong

- She agrees with the previous speaker.

- The property is similar to the other properties on the block and does not merit exemption.

- There are buildings on the block that do not conform to the planning code.

- They have voiced their opposition to this project.

- The poster that is placed on the project site did not have a proper translation in Chinese.

(+) Jerry Agusta - Project Sponsor

- It has taken a lot of time to get his project to this point.

- He prides himself on being a good builder.

- He takes pride in what he does.

- The design that is before the Commission is the result of various meetings with the neighbors, the planners, etc.

- He feels that this is a good design and compromise.

(+) Kevin Change

- He was one of the neighbors who was opposed to the project. Now he applauds the project sponsor for taking time to reach a compromise.

- The project sponsor has been very good about his concerns and applying them to the new plans.

ACTION: CEQA Findings Adopted

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

ABSENT: S. Lee

MOTION: 16772

17b. 2003.0904D (J. MILLER: (415) 558-6344)

937 - 939 JACKSON STREET -- south side between Powell and Mason; Lot 028 in Assessor's Block 0191 -- Mandatory Discretionary Review of Building Permit Application No. 2003.07.24.0318 proposing the demolition of a two-family dwelling and its replacement with a new building containing nine dwelling units. The subject property is located in an RM-3 (Mixed Residential, Medium Density) District and a 65-A Height and Bulk District.

Preliminary Recommendation: Do Not Take Discretionary Review and approve the demolition permit.

(Continued from Regular Meeting of April 1, 2004)

SPEAKER(S): Same as those listed for item 17a.

ACTION: Did not take Discretionary Review and approved the demolition

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

ABSENT: S. Lee

17c 2003.0535EDDV (J. MILLER: (415) 558-6344)

937 - 939 JACKSON STREET - south side between Powell and Mason Streets, Lot 028 in Assessor's Block 0191, in an RM-3 (Mixed Residential, Medium Density) District and a 65-A Height and Bulk District -- Mandatory Discretionary Review of Building Permit Application No. 2003-05-20-5122 to construct a new four-story, nine-unit residential building approximately 40 feet in height, pursuant to a residential demolition. There is also a request for Discretionary Review filed by a neighbor.

Preliminary recommendation: Take Discretionary Review and approve the permit with modifications.

SPEAKER(S): Same as those listed for item 17a.

ACTION: Took Discretionary Review and approved the project with the following modifications: redesign building by modifying the bulk and mass of the building, reduce the stair penthouse so that it is the absolute minimum allowed, and removal of the parapet around the roof.

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

NAYES: Feldstein and Hughes

ABSENT: S. Lee

17d. 2003.0535EDDV (J. MILLER: (415) 558-6344)

937 - 939 JACKSON STREET - south side between Powell and Mason Streets, Lot 28 in Assessor's Block 191, in an RM-3 (mixed Residential, Medium Density) District and a 65-A Height and Bulk District. A rear-yard Variance is sought, pursuant to Section 134 of the Planning Code, for construction of a new four-story residential building containing nine dwelling units with a ground-floor garage containing nine off-street parking spaces, after demolition of the existing two-family dwelling. A portion of the garage level is proposed to project approximately 19 feet five inches into the otherwise-required rear-yard area, leaving an area open and clear (from the ground up) of 15 feet behind it. On the second floor, another projection into the otherwise-required rear yard of six feet six inches over a width of 27 feet (with five-foot setbacks from each of the side lot lines) is proposed. The upper surfaces of these two rear projections would be finished off as usable open space.

Preliminary Recommendation: Approval with Conditions

SPEAKER(S): Same as those listed for item 17a.

ACTION: Zoning Administrator closed the public hearing and granted the Variance.

18a. 2003.1282D (K. McGEE: (415) 558-6367)

309 CORTLAND AVENUE - north side between Bocana and Bennington Streets, Lot 17 in Assessor's Block 5667 - Request for Discretionary Review for Building Permit Application No. 2003.09.30.6176, proposing to change the use of the existing bar "Charlie's Club", to add "Other Entertainment", per Planning Code Section 711.48, located in an NC-2 (Small-Scale Neighborhood Commercial) Zoning District and in a 40-X Height and Bulk District.

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

(Continued from Regular Meeting of February 12, 2004)

SPEAKER(S):

(-) Gordon Thrupp

- He lives on Cortland Avenue.

- He lives near a bar and tolerates various noises and disruptions.

- He displayed an aerial photo of the street showing where the bar is in comparison to his house.

- He displayed various diagrams of the interior of the bar.

- There has been a lot of neighborhood objection and the bar owner withdrew a previous application.

- He displayed a lot map highlighting the various homes that object to the project.

(-) Donna Roberts

- She lives on Cortland Avenue and owns a real estate office in the area.

- She tries to do the best she can for her community.

- There has been a variety of work done on the bar without permits.

- Anyone who builds something without a permit would have to tear it down.

- She noted an error in the report provided by the planner. It states that the bar serves food and it does not.

- The upstairs flat had rear stairs going to the back yard, these people use the back yard for barbecues.

- The back yard was never used for drinking.

(-) Margaret Thrupp

- When she moved into the neighborhood it was a quiet neighborhood.

- The noise is getting worse and worse.

- There has been an illegal DJ playing at the bar.

- Over the last year, there have been hundreds of letters that have been signed by people who are opposed to the bar and live music.

- She is asking the Commission to protect the livability of the neighborhood by reducing the entertainment hours, increase emergency exits, improve the facility, etc.

(-) Robin McGinley

- She has lived in the neighborhood for many years.

- She supports local businesses, especially those businesses that contribute to Bernal Heights.

- She cannot support the club because the owner does not respect the neighbors.

- Perhaps the owner has renovated the club cosmetically, but the noise is still a problem.

- It is very difficult to function without having a good night's sleep. Having a DJ all week would just be an impact.

- She has no reason to believe that the project sponsor will respect the neighbors if this project is approved.

- The owner should be fined for operating entertainment without a permit.

(-) Daniel McGinley

- There have been illegal construction and upgrades done to the bar.

- The owner is encouraged by the inability of the Planning Department to bring all this under control.

- The applications for building permits are totally convoluted.

(-) Ralf Carney

- He lives around the corner from the bar.

- He has been watching this go on for a long time.

- He agrees with everything that his neighbors have said.

- The owner should readapt his plans. Then he would have a very successful bar.

(+) Mark Renne - Representing the Project Sponsor

- The applicant wishes to present DJ music and non-amplified live music to his patrons in Bernal Heights.

- The bar has been at this location for about 50 years.

- The owner has done a lot of improvements to the building.

- Charlie's club is a necessary piece of the neighborhood's commercial mix for Cortland Street.

- The slight expansion will not change the character of the bar.

- The Police Department Noise Abatement unit has made analysis and tests and support the project.

- This application is supported by an overwhelming number of people.

(+) Andrew Junius - Representing the Property Owner

- In Bernal Heights, there are apartments above businesses.

- There have been various improvements done to the bar with respect to noise abatement.

(+) Cody Robertson

- He is the general manager of Charlie's club.

- As manager of the Lingba Lounge as well, he has not had any complaints since he obtained that entertainment permit.

(+) Deanna Hoffinger

- She has lived above the bar for over four years.

- She enjoys taking friends after work to the bar.

- The owner has been very good to her.

- The owner has done a lot of soundproofing to the bar.

- The neighborhood is quite wonderful and it is a great destination spot.

(+) Lyndsey Fisher - Charlie's Club

- She is an employee of the bar.

- The owner has done a lot of improvements to the bar.

- It would be a great addition to have DJ music.

(+) Patrick Corcery - Project Owner

- He has been to various community boards.

- He has done everything that was requested of him trying to accommodate everyone's needs.

- He has offered various amenities to the neighbors but some have rejected his offers.

(+) John Stricklin - Property Owner

- He is here in support of the bar owner.

- He has watched the bar owner work so hard and gone through so much to accommodate the neighborhood.

- He hopes that the Commission will approve the project.

(+) Michael Noland

- He lives a few blocks from the bar.

- He is an active member of St. Kevin's Church.

- The bar owner should not be penalized but should be awarded for the hard work.

(+) Terrance Allan - S. F. Late Night Coalition

- In this neighborhood-serving corridor, there are two bars.

- He has observed that the other bar down the street was having live entertainment with open doors and did not have an entertainment permit.

- He is challenged on why the neighborhood would single out someone who has spent a whole lot of money for improvements. Yet these same neighbors are allowing the other bar to go on.

(+) Davy Jones - Housing Rights Association

- He is in support of Charlie's Club.

- Proposition M preserves existing neighborhood serving retail uses.

- He is familiar with how SOMA has grown with entertainment uses.

- He is confident that the project sponsor has been working on lessening the impact of an entertainment use.

- He asked the Commission to support this project and support small businesses.

(+) John Wood - S.F. Late Night Coalition

- This issue is not new and is not limited to SOMA.

- There has been a cultural change--jukeboxes have been replaced by DJs.

- As in the case of Lingba Lounge, when they received their permits, there were no more complaints from the neighbors.

(+) Adam Shandobil

- He used to live in Bernal Heights yet he still goes to Charlie's club.

- Having a DJ will enhance the bar.

- For the success of the neighborhood, he is in full support of this project.

(+) Sandra Martinez

- She was born and raised in the Mission District.

- The bar has been very well run.

- She sees that Bernal Heights is going back up and this place will only add to it.

(+) Peter Dukenor

- He has known the bar owner for many years.

- The bar owner has made a sincere effort to be a good neighbor.

- Charlie's is a warm and friendly environment.

- He strongly supports this expansion and request for an entertainment license.

(+) Joe O'Donaghue

- It is quite obvious that many people oppose entertainment but it is important to support small businesses.

- Bernal Heights can take care of its neighbors.

- The evidence and the record is clear that this permit should be approved.

(+) Dennis Otto

- He sells real estate.

- Charlie's club has helped Bernal Heights to go on the upswing.

- He supports the expansion.

ACTION: Did not take Discretionary Review and approved the project with the following Conditions of Approval:

1. This authorization is granted to change the use and to expand the area of the existing bar to include an "Other Entertainment" use per Planning Code Section 711.48. The property is located in an NC-2 (Small Scale Neighborhood Commercial) Zoning District, and is in a 40-X Height and Bulk District.

2. The door required under Building Permit Application 2003.02.07.7005 will be removed.

3. This authorization applies to Charlie's Club, which is approximately 1,400 square feet. Expansion or intensification of the use shall require proper permits and notification requirements.

4. Hours of entertainment will be limited on weeknights Sunday to Wednesday to 10:30 p.m., Thursday to Saturday until 1:00 am.

5. Charlie's Club's live entertainment shall consist of DJs and recorded music, solo musicians, vocalists, and small bands with un-amplified acoustic music.

6. All windows and doors shall remain closed. No windows or doors shall be required to be opened for ventilation purposes.

7. Charlie's Club shall be responsible for nightly cleanup and proper disposal of litter from the sidewalk and curb areas surrounding the premises by 3:00 a.m. following each evening of DJ and live entertainment.

8. The operator of the facility shall maintain the main entrance to the facility and all sidewalks on either side of the subject property in a clean condition. Such maintenance shall include, at minimum, daily sweeping and litter pickup and disposal, and washing or steam/pressure cleaning of the main entrance and abutting sidewalks at least once each two weeks.

9. Charlie's Club will provide professional security on every night that there is live entertainment. The security guard must be licensed by the State of California. The security guard will require employees and patrons to keep noise levels outside the premises below legal requirements after 10:00 pm.

10. Charlie's Club shall post notices at all entrances and exits urging patrons to leave the establishment and neighborhood in a quiet, peaceful and orderly fashion, and to please not litter or block driveways.

11. At least one manager/owner will be available during all hours of DJ and live entertainment and that manager shall have possession of a cell phone where the phone number has been distributed to the surrounding neighbors.

12. Until removal by a waste disposal service, all garbage and/or waste containers shall be either (1) kept within the subject building or (2) kept in a sealed enclosure which prevents the emission of any noxious odors, and which may occupy space in the small open space at the rear of the subject property.

13. The Project Sponsor shall appoint a Community Liaison to address issues and matters of concern to nearby residents, property owners, or commercial lessees. This liaison or a designated representative shall be available at the establishment at all times during business hours. The Project Sponsor shall report the name and telephone number of this liaison to the Zoning Administrator for reference.

14. Should the implementation of this project result in complaints from interested property owners, residents or commercial lessees, which are not resolved by the Project Sponsor, and found to be in violation of the Planning Code and/or the specific Conditions of Approval for the Project, Planning Commission will hold a public hearing on the matter in accordance with the hearing notification and conduct procedures as set forth in Section 174, 306.3 and 306.4 of the Planning Code to consider revocation of this Use Authorization.

15. The Applicant shall assure the execution and recordation of the specified conditions as a Notice of Special Restrictions at the City and County of San Francisco's Office of the Recorder.

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

NAYES: Feldstein and Hughes

18b. 2003.0312D (K. McGEE: (415) 558-6367)

309 CORTLAND AVENUE - north side between Bocana and Bennington Streets, Lot 17 in Assessor's Block 5667 - Request for Discretionary Review for Building Permit Application No. 2004.02.24.7100, proposing to allow the rear addition to be used by patrons of the bar in the existing bar "Charlie's Club", per Planning Code Section 312, located in an NC-2 (Small-Scale Neighborhood Commercial) Zoning District and in a 40-X Height and Bulk District.

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

SPEAKER(S): Same as those listed for item 18a.

ACTION: See Action for item 18a.

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

NAYES: Feldstein and Hughes

19. 2003.0741D (T. TAM: (415) 558-6325)

580 OAK PARK DRIVE - end of Oak Park Drive, a cul-de-sac, 450 feet from the corner of Devonshire Way and Oak Park Drive, located in the Forest Knolls Neighborhood, in a residential enclave between Mount Sutro and the Laguna Honda Reservoir, Lot 30 in Assessor's Block 2676 - Request for Discretionary Review for Building Permit Application No. 2002.12.04.2261, proposing to construct a new three-story-over-garage, single-family dwelling in an RH-1(D) (Residential, House, One-Family, Detached) District and a 40-X Height and Bulk District.

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

(Continued from Regular Meeting of March 11, 2004)

Note: On March 11, 2004, the Commission received the staff report and heard public testimony regarding the project. Following the Commission's deliberation, the matter was continued to April 1, 2004 and the project sponsor was instructed to meet with neighbors. The Director of Planning was requested to report back on the soil condition. On April 1, 2004 the Commission continued this item to April 22, 2004 without further hearing.

SPEAKER(S): None

ACTION: Without hearing, item continued to June 24, 2004

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

20. 2003.0946D (D. DiBARTOLO: (415) 558-6291)

458-460 35th AVENUE - east side between Geary Boulevard and Clement Street: Lot 042 in Assessor's Block 1466 - Request for Discretionary Review of Building Permit Application No. 2003.02.21.8034, proposing to construct a 3' 4" deep, three-level rear horizontal addition with a two-story deck and stairs; and add a new, approximately 830 square foot, partial third floor to a two-story over ground floor structure containing two dwelling units 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 revised.

(Continued from Regular Meeting of March 11, 200

SPEAKER(S): None

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

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

ABSENT: S. Lee

21. 2003.1267D (M. SNYDER: (415) 575-6891)

952 DeHARO STREET - west side between Southern Heights Avenue and 22nd Street, Lot 27 in Assessor's Block 4095 - Request for Discretionary Review of Building Permit Application No. 2003.05.29.5746 proposing to construct a new three story dwelling at the front of a lot where a single-family dwelling exists at the rear of the lot. The property is within an RH-2 (House, Two-family) District, and a 40-X Height and Bulk District.

Preliminary Recommendation: Take Discretionary Review and approve the project as modified.

SPEAKER(S): None

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

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

22a. 2004.0087D (W. HASTIE: (415) 558-6381)

1311 GUERRERO STREET - east side between 25th and 26th Streets; Lot 30 in Assessor's Block 6532. Mandatory Discretionary Review, under the Planning Commission's policy requiring review of housing demolition, of Demolition Permit Application No. 2003.10.27.8677 to demolish an existing two-family dwelling (the project also proposes the construction of a new three-family dwelling) in an RH-3 (Residential, House, Three-Family) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Do not take Discretionary Review and Approve Demolition.

SPEAKER(S): None

ACTION: Did not take Discretionary Review and approved the demolition.

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

22b. 2004.0089D (W. HASTIE: (415) 558-6381)

1311 GUERRERO STREET - east side between 25th and 26th Streets; Lot 30 in Assessor's Block 6532. Mandatory Discretionary Review, under the Planning Commission's policy requiring review of new construction as a result of housing demolition, of Building Permit Application No. 2003.10.27.8675 for the new construction of a three-family dwelling in an RH-3 (Residential, House, Three-Family) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Do not take Discretionary Review and Approve the Project as Proposed.

SPEAKER(S): None

ACTION: Did not take Discretionary Review and approved the project.

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

E. PUBLIC COMMENT

At this time, members of the public may address the Commission on items of interest to the public that are within the subject matter jurisdiction of the Commission except agenda items. With respect to agenda items, your opportunity to address the Commission will be afforded when the item is reached in the meeting with one exception. When the agenda item has already been reviewed in a public hearing at which members of the public were allowed to testify and the Commission has closed the public hearing, your opportunity to address the Commission must be exercised during the Public Comment portion of the Calendar. Each member of the public may address the Commission for up to three minutes.

The Brown Act forbids a commission from taking action or discussing any item not appearing on the posted agenda, including those items raised at public comment. In response to public comment, the commission is limited to:

(1) responding to statements made or questions posed by members of the public; or

(2) requesting staff to report back on a matter at a subsequent meeting; or

(3) directing staff to place the item on a future agenda. (Government Code Section 54954.2(a))

Marilyn Amini

Re: Large Scale Retail Use

- She submitted information related to large scale retail use.

- The draft legislation which was handed out at the Board of Supervisor's hearing last Monday, is a combination of two pieces of legislations from two Supervisors.

- She hopes that the Commission has received information on this.

- Have the most important elements been combined in this legislation?

Alice Barkley

Re: Administrative Issue

- Currently it takes more than two months to get an appointment to file a Conditional Use application or a Variance application.

- At a minimum if a staff is assigned and the project changes, the staff should be allowed to take the application.

- It is ridiculous to wait for two months. There has to be a better way.

Re: Commissioner Feldstein

- She thanked Commissioner Feldstein for her hard work and contribution during this past year.

Adjournment: 5:40 p.m.

THESE MINUTES ARE PROPOSED FOR ADOPTION AT THE REGULAR MEETING OF THE PLANNING COMMISSION ON THURSDAY, MAY 20, 2004.

SPEAKERS: None

ACTION: Approved

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