10a. 2004.0130CV (J. MILLER: (415) 558-6344)
1353 -1355 BUSH STREET - south side between Larkin and Polk
Streets, with additional frontage on Fern Street, Lot 13 in Assessor's
Block 669, in an the Polk Street Neighborhood Commercial District
("NCD") and a 65-A Height and Bulk District - Request
for Conditional Use authorization for use size in excess of
3,000 square feet for a music training facility ("Music City"),
with a Full-Service Restaurant and Bar with live entertainment, open
after hours (between 2:00 and 6:00 A.M.) also requiring a Variance
for off-street parking and usable open space for an upper-floor group-housing
use.
Preliminary Recommendation: Approval with Conditions
SPEAKER(S):
(+) Rudy Columbini - Project Sponsor
- He was raised in San Francisco.
- He has been involved with real estate and music all of his life.
- This would be a haven for aspiring musicians and recording artists.
- This would be the first time a school, rehearsal facility, hotel, and
a music venue have ever been looped together.
- Musicians can come from all over the city, the country and the world
and have a place where they can flourish and pollinate each other.
(-) David Brown
- He is opposed to this idea.
- He has lived in the area for 30 years.
- The area is also a residential district with a senior home nearby.
This is going to lead to more problems because of the early morning hours
of operation.
- He does not want the Commission to pass this because of the violence
and prostitution in the area.
(-) Jack Rummel
- There are a lot of problems with prostitution and drug dealing in the
area.
- His concern is related to the residential hotel aspect of the project.
- He does not agree with the late night hours.
(-) Doug Backsberg
- He lives on Sutter Street.
- He opposes allowing any conditional use.
- He is appalled that he has to be here since the area is filled with
bars, homeless shelters, needle exchange, etc.
- Fern Alley is only one way, this would cause a problem with the bar
since there would be a need for a two way street.
(-) Robert Pangburn
- He owns property in the neighborhood.
- He has been working against the crime and prostitution in the area.
A lot of groups have been formed in order to control these problems.
- There are crime maps put out by the police that state what kind of
crimes are conducted in San Francisco neighborhoods.
- There are 237 prostitution incidences, 109 larceny and theft incidences,
etc.
(-) Gus Holinsgworth
- He has lived on Sutter Street for about 20 years.
- He is opposed to this business because of the stated crime problems.
- Even though the resources are there to fight the crimes, adding businesses
that will help increase the crime is bad for the neighborhood.
(-) David Overdurf
- He would like to have a continuance of this project because there should
be more public outreach.
- The project sponsor should have more time to meet with the neighbors.
- The bottom line is "what is important to the community"
- If the Commission approves the project, there will be a lot of unhappy
people.
- If the Commission does not approve this, it might not be fair to the
project sponsor.
(-) Suzie Shimizu
- She is an administrator at Redding School. Every day the children see
prostitution, drug addicts, etc.
- There should be some type of program for children passed instead.
(-) Robert Hutchinson
- He has lived for 43 years on Sutter Street.
- He would like to have this project denied because there are too many
bars in the area.
- This neighborhood has grammar schools and two old folks homes .
- The area should be rezoned since the community does not want any more
bars.
(-) Jenny Hansen
- She is the executive director of a senior center.
- She is opposed to the project.
- There are already a lot of crimes going on in the area.
- Many of her staff have been mugged.
- A minimum should be to just continue the project if not deny the project
all together.
(-) Karla Rossi - Sutter House Apartments
- She is a property manager.
- There is a music studio on Fern Alley and there are already negative
impacts going on now.
- She is opposed to live entertainment.
- More information should be sent to the residents of the neighborhood.
(-) Robert Garcia - Save Our Streets
- This is a bad idea. He is not against the school/training facility.
- The bar aspects of the project will cause more problems.
- Parking in the area is scarce.
- On the same block can be found a senior center, a school, etc. This
should be cause for denying this type of use.
(-/+) Jeremy Nelson - Transportation for a Livable
City
- They support the parking variance. He is isolating his comments to
the variance only.
- The project is located in an area where there is excellent transportation.
- He is sympathetic to the issues of noise, problems with neighbors,
etc.
- He recommends to have strict good neighbor gesture conditions applied
to the project so that within a period of time there could be an evaluation
of these conditions to make sure they are being followed.
(+) Jim Riddick
- He lives on Fern Alley.
- He understands the people that have lived in the neighborhood for a
long time and their concerns with crime.
- The live music will be on the Bush Street side.
- A continuance would be acceptable so that they can give more information
to their neighbors.
- It is not all about the bar, it is more about the community of musicians
coming together.
(-) Bob Frane
- He is opposed to the proposal even though what the project sponsor
is doing is something good.
- Parking is very bad in the area. Late at night is even worse.
- He has not heard anyone address the square footage usage of the building.
- If this is allowed as it stands, later down the line, the conditions
should be revisited again.
- There is a lot of noise on Bush Street.
- The neighbors are trying to make the area better. He would agree to
a continuance so that everyone can get to know the project sponsor more.
(-) Mr. Leonard - Noise Control
- He has come up with a plan so that the project sponsor can have this
project and have little impact on the neighbors.
- He agrees that young musicians need a place to rehearse and that this
place should be sound controlled so as not to disrupt neighbors.
ACTION: Hearing held. Item continued to September 23, 2004 instructing
the project sponsor to continue discussing issues with neighbors. Public
comment remains open.
AYES: Antonini, S. Lee, W. Lee, Olague
ABSENT: Bradford Bell and Hughes
10b. 2002.0130CV (J. MILLER: (415) 558-6344)
1353 - 1355 BUSH STREET - south side between Larkin and Polk
Streets, with additional frontage on Fern Street, Lot 13 in Assessor's
Block 669, in the Polk Street Neighborhood Commercial District ("NCD")
and a 65-A Height and Bulk District -- Off-Street
Parking and Usable Open Space Variances sought in conjunction
with the conversion of existing tourist hotel rooms to group housing
(residential hotel rooms) and for a Full-service Restaurant and Bar
and music training facility ("Music City") with no off-street
parking and no outdoor open area.
SPEAKER(S): Same as those listed for item 10a.
ACTION: Hearing held. The Acting Zoning Administrator continued this
item to September 23, 2004. Public comment remains open.
AYES: Antonini, S. Lee, W. Lee, Olague
ABSENT: Bradford Bell and Hughes
10c. 2002.0129C (J. MILLER: (415) 558-6344)
835 HYDE STREET - west side between Bush and Sutter Streets,
Lot 3 in Assessor's Block 279, in an RC-4 (Residential Commercial
Combined, High Density) District and a 130-E Height and Bulk District
- Request for authorization of a Conditional
Use for a Tourist Hotel (conversion of 31 "residential"
hotel rooms, being consolidated at another location, to "tourist"
rooms) with no off-street parking.
Preliminary Recommendation: Approval with Conditions
SPEAKER(S): Same as those listed for 10a.
ACTION: Hearing held. Item continued to September 23, 2004 instructing
the project sponsor to continue discussing issues with neighbors. Public
comment remains open.
AYES: Antonini, S. Lee, W. Lee, Olague
ABSENT: Bradford Bell and Hughes
11. 2004.0421C (R. CRAWFORD: (415) 558-6358)
4001 JUDAH STREET - at 45th Avenue, Assessor's Block 1808
Lot 001. Request for Conditional
Use Authorization under, Planning Code Sections 710.44 for
establishment of a Small Self Service Restaurant (Feel Real Vegan
Café). The Project will occupy the existing 800 square foot
building in an NC-1, Neighborhood Commercial Cluster District and
within the 40-X Height and Bulk District.
Preliminary Recommendation: Approval with Conditions
SPEAKER(S):
(+) Ahmad Larizadeh- Project Sponsor
- The plan is to hire about 8 people for the restaurant.
- The project will take about 7 to 8 months to complete.
- He hopes that the Commission will approve this project.
ACTION: Approved
AYES: Antonini, S. Lee, W. Lee, Olague
ABSENT: Bradford Bell and Hughes
MOTION: 16840
12. 2004.0506D (R. CRAWFORD: (415) 558-6358)
464 30TH STREET - North side between Noe and Sanchez
Streets. Assessor's Block 6639 Lot 020 - Request
for Discretionary Review of Building Permit Application No.
2004 0310 8295, to construct horizontal
and vertical additions to the existing one family dwelling including
a full third story and a rear extension 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.
SPEAKER(S):
Re: Continuance
Christopher Moscone - Representing Project Sponsor
- He requested a continuance because there are only four members of the
Planning Commission.
- If there were a continuance it would allow the [staff] recommendation
and analysis to be looked at and corrected--there is a lot of information
that is not correct.
- A continuance would be in the best interest of both parties because
it would allow them to meet and come to a decision.
Joe O'Donaghue
- He agrees to a continuance only if the project could be scheduled on
August 5.
- His clients had to come from Italy for this hearing.
Name unclear
- He agrees to a continuance.
- He just recently hired an attorney. This would allow the attorney to
familiarize himself with the case.
Steven Johnston
- He agrees with the continuance.
- There were many meetings on this project in the past 2 ½ months.
ACTION: Without hearing, item continued to August 12, 2004
AYES: Antonini, S. Lee, W. Lee, Olague
ABSENT: Bradford Bell and Hughes
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: Take discretionary review and approve
the permit with modifications.
(Continued from Regular Meeting of June 10, 2004)
SPEAKER(S):
(-) Walter Kaplan - Discretionary Review Requestor
- The notice published for this project contains an incorrect statement
of what the project proposes as well as the description of the project.
- This is an awful project.
- The issue here is not what could be built under the code but what should
be built.
- The project sponsor should be allowed to build but within the envelope
of the structure.
- There have not been any plans since May 21.
- The neighbors would be happy with a house that is not larger than the
neighbor's house.
- He is willing to allow a house that is not unreasonable.
(-) Doris Linnenbach
- She has lived in the neighborhood for 25 years.
- They are delighted to have the Popofs come to the neighborhood but
are not in agreement with building a monster home.
- All the neighbors work with each other.
(-) Dr. Paul Negulescu
- He lives across the street from the proposed project.
- The latest revision shows a height that is still too large.
(-) Christine Linnenbach
- The project site has been deteriorating.
- Their neighborhood has always stuck together.
- The project keeps changing all the time.
- Every person who has purchased a home in the neighborhood has made
improvements.
(-) David Snoek
- He lives on St. Germain.
- The project house has been gutted, papers placed on the window, etc.
- Proposed project is too large.
(-) Did not state name
- He has two sets of buildings that are under construction across the
street.
- He is concerned with the project because it does not maintain the roofline.
- He is not too concerned with the façade.
- He made conditional changes to the plans of the houses he has under
construction so never had to come before the Commission.
(-) Chirs Deyo
- He apologizes
- He has been a resident since 1988.
- He loves the neighborhood and would love to have a neighbor who keeps
up with the property.
- The project has been an extreme eyesore.
- He wishes to rely on the wisdom of the Commission to decide on a solution
best for the neighborhood.
(+) Jeremy Paul - Representing Project Sponsor
- He thanked staff for their hard work.
- The original plan was of a more modern style.
- The homes are of a very large nature.
- He gave a PowerPoint presentation of the general aspects of the property
and project location.
(+) Mila
- She is the homeowner.
- She thanked staff for helping them revise their project.
- Her life has been affected very much. She has a large family and would
like for her entire family to live together.
(+) John Ridenour
- He is a friend of the Project Sponsor.
- It seems that the neighbor next door does not want to deal with the
issues of the project even though he is the Discretionary Review requestor.
- The project sponsors have gone through a lot to revise the plans.
- He is in support of the project.
ACTION: Took Discretionary Review and approved the project with the following
modifications: require a maximum height of 23.6 inches for the new construction;
file a notice of special restrictions to allow one dwelling unit so long
as the property is zoned for single family housing; nothing in the future
should extend beyond the approved height.
AYES: Antonini, S. Lee, W. Lee, Olague
ABSENT: Bradford Bell and Hughes
14. 2004.0409D (E. TOPE: (415) 558-6316)
2301 CHESTNUT STREET (AKA 3253 SCOTT STREET) - southwest corner
of Chestnut and Scott Streets; Lot 001 in Assessor's Block 0936 -
Request for Discretionary Review of
Building Permit Application No. 2004.03.03.7615, proposing to convert
retail storage space (associated with Lucky Brand) to a small self-service
restaurant (Cold Stone Creamery Ice Cream Store, a formula retail
use, as defined by Planning Code Section 703.3(b)) in an NC-2 (Small-Scale
Neighborhood Commercial) District and a 40-X Height and Bulk District.
Preliminary Recommendation: Do not take Discretionary Review and
approve the project.
SPEAKER(S):
(-) Linda Tsai - Discretionary Review Requestor
- She is a merchant in the Marina District.
- She is opposed to this project because the creamery will occupy storage
space from Lucky Brand.
- She is concerned with traffic problems.
- Chestnut Street is not a major commercial street.
- Many restaurants serve ice cream for desert.
- She submitted signatures of residents who are opposed to the ice creamery.
- She is concerned with the destruction of the family owned businesses
on that street.
(-) Grace Tscu - Santa Barbara Ice Creamery
- Her and her family owns an ice creamery.
- She realizes that Cold Stone Ice Creamery filed their application before
the Formula Retail Legislation was passed.
- Most all of the residents of the neighborhood are opposed to a chain
store coming into the neighborhood.
- Loss of family and small businesses would change the character of the
neighborhood.
(-) Charles Bain - Judy's Cafe
- He owns a store on Chestnut Street.
- Cold Stone wants to take a retail space and convert it into a business.
- There are already too many ice cream stores on that street.
- The street is unbalanced at this time in regards to businesses.
- There is too much food on that street and not enough retail.
(+) Jordan Sills - Project Applicant
- He and his brother own property in the Marina District.
- He and his brother decided to buy the Franchise rights of Cold Stone
Ice Creamery.
- His project complies with the codes. The project will enhance local
employees including high school students.
- Most people take the bus or walk to Chestnut so this will not impede
the traffic situation.
- The architectural façade will not be changed.
- Cold Stone had nothing to do with deciding on the location of the project
site. This decision is only his and his brothers.
- The store is going to be independently owned and operated by residents
of the Marina.
(+) Ted Plant - Edward Plant Company
- He has lived in the Marina for 21 years and is a real estate broker.
- Zoning and planning laws allow the project.
- This project should be approved.
ACTION: Hearing Held. Item Continued to August 5, 2004 to allow the absent
Commissioners to participate in the final decision. Public Hearing Closed.
AYES: Antonini, S. Lee, W. Lee, Olague
ABSENT: Bradford Bell and Hughes
15. 2004.0299DDD (S. VELLVE: (415) 558-6263)
2011 9TH AVENUE - west
side between Pacheco Street and Mendosa Avenue, Lot 001P in Assessor's
Block 2129 - Request for Discretionary Review
of Building Permit Application 2003.07.31.0919 to construct a one-story
vertical addition to the existing single-family dwelling located in
an RH-1 (Residential, House, One-Family) District, 40-X Height/Bulk
District.
Preliminary Recommendation: Take Discretionary Review and approve
with modifications.
(Continued from Regular Meeting of June 24, 2004)
SPEAKER(S):
(-) Bruce Bonacker - Representing the Discretionary
Review requestor
- The concerns that remain on this project are the scale, precedent,
and presence of light and air.
- The addition is more than 70 percent of the size of the house even
though there has been reference to this being a modest addition.
- He presented a few alternatives, which would be a one-bedroom addition.
- The other alternative would change the size of the deck. This alternate
responds to the needs of his clients.
- These revisions were not acceptable to the project sponsor.
- Everyone is concerned about the precedent this will have on the neighborhood.
- He would be satisfied with either of the alternatives.
(-) Kathy Kora
- She is concerned with the lightwell, the noise, and the increased traffic.
- The proposed project would darken her house. She was recently diagnosed
with cancer.
- She has tried to negotiate with the project sponsor with no compromise.
- She is concerned with loosing her lightwell and therefore loosing light.
(-) Ken Small
- He is concerned with the character of the neighborhood.
- With this project, the project sponsor will be getting a lot and the
neighbors will be loosing a lot.
- He is concerned with the privacy he will be loosing.
- He will also be loosing morning light.
- He is asking for an additional offset.
- The rear deck should be eliminated because it will only encroach into
his yard and his privacy.
(-) Lisa Chin
- Her house is on the south of the proposed project.
- She is not here about views or property value. She is here about scale
and neighborhood character.
- She and her husband constructed an addition with the required permits.
- All they are asking for is a skylight.
- She hopes that the Commission will allow Discretionary Review.
- The project sponsor promised a few things but then he retreated and
mentioned that he over spoke.
(-) Thomas Chan
- They have been thrust into turmoil trying to reach a compromise.
- The project will impact their privacy and they will lose a lot of light.
- The rear of the proposed addition should be moved back and the rear
deck removed.
(-) Ivette Simpson
- She is opposed to any exterior additions.
- The quality of her life will be affected with this project.
- Property owners need to seek adequate properties for their large families
(-) Marsha Ruben
- She lives on Pacheco Street.
- She signed the petition against this project
- She is concerned about the precedent being set.
- She agrees that the project sponsor does need more space for his family.
(-) Steve Reuben
- This seems to be a balancing affect.
- The footprint is in excess of what needs to be done.
- Through a compromise solution adequate space will be allowed.
(-) Lynn Synolski
- After careful consideration of the plans, she decided to sign the petition
for DR.
- The homes on the street are a treasure of San Francisco.
- She tried in good faith to not sign the petition but after seeing the
plans she decided to sign it.
(-) Janet Smaldone
- They learned from the proposed construction early this year.
- They have tried to reach a compromise and try to satisfy the needs
of the neighbor.
- Their children's well being is being compromised with this new construction.
- An important factor when they purchased their home was light and that
is going to be minimized with the construction.
- She requested that the project sponsor set back the addition and remove
the deck.
(-) Buff Harding, Jr. - Golden Gate Heights Neighborhood
Association
- He has been in the neighborhood for 45 years.
- He has watched the congestion grow over the years.
- He would like to have some compromise where everyone is in agreement.
(-) Sue Hestor
- The Chan's will be looking at a wall if this project goes through.
- All the DR requestors want is to have the emergency stairs not be enclosed.
- Ms. Coto is a homebound person that wants light. This has nothing to
do with views.
- The neighbors have gone out of their way with the architect to find
alternatives.
(+) Arnie Lerner - Representing Project Sponsor
- There are no special and extraordinary circumstances that warrant Discretionary
Review.
- The project should be constructed as proposed.
- He displayed a diagram of the project explaining the relation of the
light well to the property.
- The petition that was passed around misleads people into thinking that
the project sponsor was building a monster home.
- The Urban Design Guidelines are being maintained.
- There will not be shadows cast on the neighbor's homes.
(+) Thomas Swingle
- There is letter from the Board of Director of the Golden Gate Heights
Home Owner's Association, which states that they support the project.
- He has been living in the subject home for about 10 years with his
children and his wife's mother. Now his children are pre-teens and should
be allowed their separate rooms.
- He requested that the Commission deny Discretionary Review.
(+) Toyoko Swingle
- They have tried to do their best to talk to their neighbors and reach
a compromise.
- The bedroom sizes are too small from the alternates that the DR requestor
suggested.
- She believes it is very critical for the Planning Commission to support
growing families.
- They have tried to do their best to be good neighbors.
(+) Eiko Shintake
- She is the mother of the project sponsor's wife.
- She is 74 years old and shares the room with her grandchildren.
- She would like her grandchildren to have their own bedroom and for
it to be a normal size.
- She requested that the Discretionary Review be denied.
(+) Seiji Swingle
- He would like to have his own room since he gets embarrassed when he
tells his friends that he sleeps in the same room with his grandmother
and his brother.
(+) Masashi Swingle
- He would also like to have his own room with his own desk. He now does
his homework on the dining room table.
(+) Loren Connor
- She is in support of this project
- She lives on the same block.
- The project sponsors have involved her in the project and have addressed
her issues.
(+) Mimi Jones
- She has seen the plans.
- This project would not adversely change the character of the neighborhood.
(+) Myriam Chan
- She supports this project since the project sponsor's family is growing.
It is time for the children to have their own space as well as their grandmother.
- The addition would be invisible from a pedestrian point of view.
- The Planning Commission should support growing families.
(+) Vickie Fan
- She lives down the street from the Swingles.
- Expansion of existing space seems to be the only way for families to
stay in San Francisco.
- After the project sponsor expands, they will still not have a very
large house.
- It is important to find a way for families to stay together.
(+) Darvin Huang
- When he walks through the area, the houses look very nice.
- He does not feel that the expansion will detract from the architecture
of the existing homes.
(+) Mark Stoklosa - Project Architect
- He took into consideration the zoning, building and planning restrictions
when designing this addition.
- They have been working continuously with the Planning Department.
- He met with the Golden Gate Heights Association and they gave their
consent for the project.
- He has maintained the setbacks.
- He does not think that there is an issue with privacy and views.
(+) Michael Gevertz
- He is representing the Project Sponsors.
- They have done more outreach to their neighbors.
- They have done many revisions to the plans trying to accommodate the
concerns of the neighbors.
ACTION: Took Discretionary Review with the following modifications: 1)
set the entire front wall of the proposed vertical addition back by 15'
from the existing front structural/building wall that meets grade; 2)
Match the length of the lightwell on the proposed addition, from front
to rear, with the neighbor's lightwell at 2007 9th Avenue;
3) the plans should indicate a 1-hour fire-rated roof, and that the parapet
be no higher than required under the Building Code for such a roof.
AYES: Antonini, S. Lee, W. Lee, Olague
ABSENT: Bradford Bell and Hughes
