October 7, 2004

SAN FRANCISCO
PLANNING COMMISSION

Meeting Minutes

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

Thursday, October 7, 2004
1:30 PM

Regular Meeting

COMMISSIONERS PRESENT: Michael J. Antonini, Shelley Bradford Bell, Kevin Hughes, Sue Lee, William L. Lee, Christina Olague

COMMISSIONERS ABSENT: None

THE MEETING WAS CALLED TO ORDER BY PRESIDENT BRADFORD BELL AT 4:40 p.m.

STAFF IN ATTENDANCE: Larry Badiner - Acting Director of Planning and Zoning Administrator; Paul Lord; Matthew Snyder; Geoffrey Nelson; Michael Li; 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. 2004.0182C (B. FU: (415) 558.6613)

1135 EVANS AVENUE - southwest corner of Evans Avenue and Middle Point Road, Lot 014, Assessor's Block 4602A - Request for Conditional Use authorization under Planning Code Sections 711.83 and 790.80 to install a wireless telecommunications facility consisting of 3 panel antennas on an existing 69-foot lattice tower and related equipment on the ground as part of Sprint PCS's wireless telecommunications network on a Location Preference 2 (Preferred Location - Co-Location Site) according to the Wireless Telecommunications Services (WTS) Siting Guidelines within a NC-2 (Small-Scale Neighborhood Commercial) Zoning District and a 40-X Height and Bulk District.

Preliminary Recommendation: Approval with conditions

(Proposed for Continuance to October 14, 2004)

SPEAKER(S): None

ACTION: Without hearing, item continued to October 14, 2004.

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

2. 2004.0585D (R. CRAWFORD: (415) 558-6358)

20 CRAGMONT AVENUE - northeast side between 12th Avenue and Oriole Way. Assessor's Block 2123B Lot 001G - Request for Discretionary Review of Building Permit Application No. 2004 0407 0748, construct a new three story single family dwelling on a vacant lot in an RH-1 (Residential House, One Family) District, and a 40-X Height and Bulk District.

Preliminary Recommendation: Take Discretionary Review and Modify the Project.

(Proposed for Continuance to October 14, 2004)

SPEAKER(S): None

ACTION: Without hearing, item continued to October 14, 2004.

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

3. 2004.0757D (T. TAM: (415) 558-6325)

707 HURON AVENUE - southeast side between Whipple and Farragut Streets, Lot 44 in Assessor's Block 7100 - Request for Discretionary Review for Building Permit Application No. 2004.01.30.5277S, to construct a new two-story rear horizontal extension to an existing two-story, single-family dwelling. The project also proposes converting the existing storage space on the ground floor into habitable area. 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 October 14, 2004)

SPEAKER(S): None

ACTION: Without hearing, item continued to October 14, 2004.

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

4. 2004.0760DDDD (T. TAM: (415) 558-6325)

4027-19TH STREET - south side between Noe and Hartford Streets, Lot 88 in Assessor's Block 3602 - Request for Discretionary Review for Building Permit Application No. 2003.05.20.5067S, to construct a two-story vertical addition to the existing one-story-over basement, two-unit dwelling. The project also proposes to convert the existing basement into habitable space and construct a new two-car garage. The property is located in the RH-3 (Residential, House, Three-Family) District and a 40-X Height and Bulk District.

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

(Proposed for Continuance to October 14, 2004)December 2, 2004

SPEAKER(S):

Sue Hestor

- There has to be an environmental review, the information has to be in the Commissioner's packets. October 14, 2004 is an unrealistic date.

ACTION: Without hearing, item continued to December 2, 2004.

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

5. 2004.0479D (T. WANG: (415) 558-6335)

10 PORTOLA DRIVE - southwest side between Fenton and Golding Lanes; Lot 021 in Assessor's Block 2826 - Request of Discretionary Review of Building Permit Application No. 2004.02.06.7278, proposing to extend the existing second and third floors towards the rear of the lot and construct a fourth story vertical addition to an existing two-story over garage, single-family dwelling in an RH-1 (Residential, House, One-Family) District and a 40-X Height and Bulk District.

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

(Proposed for Continuance to October 14, 2004)

SPEAKER(S): None

ACTION: Without hearing, item continued to October 14, 2004.

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

6. 2004.0765D (D. SIDER: (415) 558-6697)

3616 FOLSOM STREET - west side between Eugenia and Powhattan Avenues, Lot 004 in Assessor's Block 5651 - Mandatory Discretionary Review of Building Permit Application Number 2004.03.31.0043 proposing to (1) merge two legal dwelling units into a single dwelling unit and (2) construct additions to the side, rear, and roof of the existing building. Planning Commission Resolution Number 16053 requires a Discretionary Review hearing for all projects, which result in the removal of a legal dwelling unit. The property is located in an RH-1 (Residential, House, Single-Family) Zoning District, the Bernal Heights Special Use 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 October 14, 2004)

SPEAKER(S): None

ACTION: Without hearing, item continued to October 14, 2004.

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

7. 2004.0837D (M. WOODS: (415) 558-6315)

2405 OCTAVIA STREET - west side between Broadway and Pacific Avenue; Lot 5 in Assessor's Block 578 - Mandatory Discretionary Review, under the Planning Commission's policy requiring review of all dwelling unit mergers, of Building Permit Application No. 2004.02.03.5401S, proposing to reduce the existing seven-unit building to a five-unit building in an RH-2 (Residential, House, Two-Family) District and 40-X Height and Bulk District.

Preliminary Recommendation: Take Discretionary Review and disapprove the proposed dwelling unit merger.

(Proposed for Continuance to October 21, 2004)

SPEAKER(S): None

ACTION: Without hearing, item continued to October 21, 2004.

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

8. 2004.0666DD (S. SNYDER: (415) 558-6543)

37 POWERS STREET - north side between Coleridge and Mission Streets; lot 6 in Assessor's Block 5518; Neighbor-initiated Discretionary Review of Building Permit Application No. 2004.04.05.0592, proposing to construct vertical and horizontal additions to a single-family dwelling in an RH-2 (House, Two-family) District and a 40-X Height and Bulk District, and the Bernal Heights Special Use District.

Preliminary Recommendation: Pending

(Proposed for Continuance to November 4, 2004)

SPEAKER(S): None

ACTION: Without hearing, item continued to November 4, 2004.

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

9a. 2001.0249CV (K. AMDUR: (415) 558-6351)

605 KEARNY STREET - west side between Sacramento and Commercial Streets, Lot 7 in Assessor's Block 226 - Request for a Conditional Use authorization for a building exceeding 35 feet in height in the Chinatown Community Business (CCB) Zoning District and a 50-N Height and Bulk District. The proposal is to add one four-story dwelling unit to an existing one-story commercial building on a small, approximately 700 square foot, 29.5-foot deep lot. The commercial unit on the ground floor would remain. The building would be 50 feet in height with the proposed addition. The addition, like the existing commercial building, would cover the entire small site. No parking would be provided. Both a parking and a rear yard/site coverage variance would be required and will be considered by the Zoning Administrator at the same hearing as the Conditional Use authorization. Required open space would be provided on a rooftop terrace.

Preliminary Recommendation: Approval with Conditions

(Continued from Regular Meeting of September 9, 2004)

(Proposed for Continuance to November 18, 2004)

SPEAKER(S): None

ACTION: Without hearing, item continued to November 18, 2004.

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

9b. 2001.0249CV (K. AMDUR: 558-6351)

605 KEARNY STREET - west side between Sacramento and Commercial Streets, Lot 7 in Assessor's Block 226 - Request for a Variance for rear yard/site coverage and parking for a building in the Chinatown Community Business (CCB) Zoning District and a 50-N Height and Bulk District. The proposal is to add one four-story dwelling unit to an existing one-story commercial building on a small, approximately 700 square foot, 29.5-foot deep lot. The commercial unit on the ground floor would remain. The building would be 50 feet in height with the proposed addition. The addition, like the existing commercial building, would cover the entire small site, and no parking would be provided. Required open space would be provided on a rooftop terrace. Conditional use authorization is also required for a building in the CCB to exceed 35 feet in height.

(Continued from Regular Meeting of September 9, 2004)

(Proposed for Continuance to November 18, 2004)

SPEAKER(S): None

ACTION: Without hearing, item continued to November 18, 2004.

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

10. 2004.0389D (J. PURVIS: (415) 558-6354)

684 ARKANSAS STREET - west side between 20^th and 22^nd streets; Lot 016 in Assessor's Block 4098 - Neighbor-initiated Discretionary Review on the proposed conversion of a single-family dwelling to a two-family dwelling with vertical and horizontal extensions, under Building Permit Application No. 2003.05.22.5290. The site is in an RH-2 (Residential, House, Two-Family) Use District and a 40-X Height and Bulk District.

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

(Proposed for Continuance to November 18, 2004)

SPEAKER(S): None

ACTION: Without hearing, item continued to November 18, 2004.

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

11. 2004.0472I (D. ARGUMEDO: (415) 558-6284)

HASTINGS COLLEGE OF LAW - Notification by Zoning Administrator of filing of Hastings College of Law Institutional Master Plan per Planning Code Section 304.5 (d). The submitted institutional master plan details Hastings's current physical plant, demographics, and outlines their 10-year development plan. This public hearing is for receipt of public testimony only, while receipt of this institutional master plan does not constitute acceptance, or approval, of any of the detailed proposed projects.

(Proposed for Continuance to November 18, 2004)

SPEAKER(S): None

ACTION: Without hearing, item continued to November 18, 2004.

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

12a. 2003.0253D (G. NELSON: (415) 558-6257)

5126-5130 ANZA STREET - north side between 42nd and 43rd Avenues; Lot 016 in Assessor's Block 1502 - Mandatory Discretionary Review, under the Planning Commission's policy requiring review of housing demolition, of Demolition Permit Application No. 2001.03.07.3680 to demolish an existing two-story two-family dwelling (the project also proposes the construction of a new two-family dwelling) in an H-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Pending.

(Continued from Regular Meeting of August 5, 2004)

(Proposed for Continuance to January 13, 2005)

SPEAKER(S): None

ACTION: Without hearing, item continued to January 13, 2005.

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

12b. 2004.0682D (G. NELSON: (415) 558-6257)

5126-5130 ANZA STREET - north side between 42nd and 43rd Avenues; Lot 016 in Assessor's Block 1502. Mandatory Discretionary Review, under the Planning Commission's policy requiring review of new construction to replace demolished housing, of Building Permit Application No. 2001.03.07.3684 for the new construction of a three-story, two-family dwelling in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District. The proposed new building will contain two off-street parking spaces.

Preliminary Recommendation: Pending

(Continued from Regular Meeting of August 5, 2004)

(Proposed for Continuance to January 13, 2005)

SPEAKER(S): None

ACTION: Without hearing, item continued to January 13, 2005.

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

13. 2004.0737Z (P. LORD: (415) 558-6311)

107 24^TH AVENUE REZONING - Consideration of an Ordinance to amend the Planning Code by amending the Zoning Map of the City and county of San Francisco to change the use classification of the property located at 107 24^th Avenue (Assessors Block 1334, Lot 1) from RH-1 (Low Density Residential) zoning to P (Public) and, making findings of consistency with the priority policies of Planning Code Section 101.1 and the General Plan.

(Proposed for Indefinite Continuance)

SPEAKER(S): None

ACTION: Without hearing, item continued indefinitely.

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

B. COMMISSIONERS' QUESTIONS AND MATTERS

14. Consideration of Adoption - Draft Minutes of August 12, September 2 and 9, 2004.

Minutes of August 12, 2004

SPEAKER(S): None

ACTION: Approved

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

EXCUSED: Bradford Bell

Subcommittee Minutes of August 12, 2004

SPEAKER(S): None

ACTION: Approved

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

Minutes of September 2 and 9, 2004

SPEAKER(S): None

ACTION: Approved

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

15. Commission Comments/Questions

Commissioner Hughes:

Re: August 12 Meeting - 170 St. Germain

- The discussion centered on whether or not there was an accurate representation by the project sponsor's advocate or by the advocate for the Discretionary Review requestor as it related to the status of the building or compliance with DBI applicable codes. An assertion was made by the DR requestor's advocate that the project sponsor's representative misrepresented the condition of the building as it related to compliance with DBI and that the Commission possibly based it's decision on this misrepresentation.

- He has had time to review the record more closely. This is a serious assertion and he would like to make sure that this was followed up on. In the event that that is not accurate since the record clearly states that there was no misrepresentation in the case, when Mr. Jeremy Paul stated that the building owner had taken a out a second permit related to interior finish, and that the building was not in violation as a result of this second permit. This was an accurate representation. He would like the record to show that Mr. Paul accurately presented the condition of the building at that time.

C. DIRECTOR'S REPORT

16. Director's Announcements

None

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

BOS

- The Full Board actions for this past Tuesday:

1) The Board passed on first reading the ordinance to amend the Section 312. The Board took out all the amendments that the Commission had previous made. This ordinance reduces notification for certain changes of uses that do not involve new construction, demolition or exterior alterations to a building. The Commission's amendments to the ordinance was to restore to the full 30 day notification certain changes of uses that were considered to be 15 days.

2) The Board also approved an interim ordinance on the demolition of single and dual screen movie theaters for a period of 45 days. This ordinance was sponsored by Supervisor McGoldrick and co-sponsored by Alioto-Pier. This matter did not come before the Commission but it will appear on the agenda on November 21 when the Commission reviews a permanent ordinance by Supervisor Peskin that amends the planning code that would require a conditional use for change of use or demolition of a movie theatre.

3) There was an introduction by Supervisor Maxwell of a resolution imposing for a 12 month period interim zoning controls for lower Potrero Hill and Showplace Square. The Commission is scheduled to consider the issue of land use controls for the Eastern Neighborhoods on October 28.

4) The appointments of the Mayor to the Planning Commission were continued and will be heard on October 19, 2004.

The Rules Committee

- Held a hearing on the powers of the Zoning Administrator.

Zoning Administrator commented:

- He gave a status report on 724 Van Ness Avenue.

- He recommended that there not be a hearing on this.

- He may not have handled his responses to the Commission as smoothly as he could have because he was perceived as "arrogant."

- The BOS wanted to have a hearing on the rules and powers of the Zoning Administrator.

- It is very important to try to keep the issues of the project separate.

- Ultimately, the item was continued.

- He has placed in the Commissioner's correspondence folder a copy of his decision for this particular project.

Commissioner S. Lee:

- She requested from Jean-Paul Samaha that he do a one page summation for the Commission when he obtains a copy of the interim zoning controls for Potrero Hill/Showplace Square that was introduced by Supervisor Maxwell.

D. REGULAR CALENDAR

18. 2004.0762I (D. ARGUMEDO: (415) 558-6284)

UNIVERSITY OF SAN FRANCISCO - Notification by Zoning Administrator of filing of 10 year Institutional Master Plan by the University of San Francisco and subsequent public hearing as per Planning Code section 304.5 (d). The purpose of this hearing is for the receipt of public testimony only and in no way constitutes an approval or disapproval of the Institutional Master Plan by the Planning Commission. The City requires each post-secondary and medical institution to submit, and have on file with the Planning Department, a current institutional master plan describing the existing and anticipated future development of that institution.

SPEAKER(S): None

ACTION: Without hearing, item continued to November 18, 2004.

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

19. 2004.0739T (P. LORD: (415) 558-6311)

LANDMARKS PRESERVATION ADVISORY BOARD ADVICE - Consideration of an a Ordinance amending Section 1009 and Section 356 of the Planning Code to provide that property owners may seek the written advice of the Landmarks Preservation Advisory Board as to whether proposed alterations to an historic property are consistent with the Secretary of the Interior's Standards for Treatment of Historic Properties with Guidelines for Preserving, Rehabilitation, Restoring, and Restructuring Historic Buildings, defining historic properties, providing that the Planning Department may charge any party requesting the Advisory Board's advice for the Department's time and materials costs, and making findings of consistency with the priority policies of Planning Code Section 101.1 and the General Plan.

Preliminary Recommendation: Approval

SPEAKER(S): None

ACTION: Approve as Amended:

1) Page 2 line 15 of the legislation reads: Guidelines for Preserving, Rehabilitation Restoring, and Reconstructing Historic Buildings, and shall may...

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

RESOLUTION: 16866

20. 2004.0370C (G. NELSON: (415) 558-6257)

3640 BALBOA STREET - north side between 37th and 38th Avenues; Lot 005F in Assessor's Block 1580 - Request for Conditional Use authorization pursuant to Section 161(j) of the Planning Code to allow the construction of two dwelling units without off-street parking. The proposal is to alter a mezzanine story within an existing 20-foot tall commercial structure and to add two additional floors to the building, resulting in an approximately 40-foot tall, four-story building. The two top floors will each contain a dwelling unit. The reconfigured second floor contains storage space ancillary to the restaurant below (considered a Business or Professional Service use per Section 711.53 of the Code). The subject property is within an NC-2 (Small Scale Neighborhood Commercial) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Approval with conditions.

(Continued from Regular Meeting of September 23, 2004)

SPEAKER(S):

(+) Jeremy Nelson - Transportation for a Livable City

- They are in agreement with the parking requirements.

ACTION: Approved

AYES: Antonini and W. Lee

NAYES: Olague, Hughes, S. Lee

ABSENT: Bradford Bell

RESULT: Motion Failed

ACTION: Hearing Held. Motion to continued this item to October 28, 2004 in order to get more information about the effects on local businesses (specifically the Balboa Theater) and receive input from the owners of the Sugar Bowl Bakery regarding their displacement. Public Hearing Remains Open.

AYES: Antonini, S. Lee, W. Lee, Olague

NAYES: Hughes

ABSENT: Bradford Bell

21. 2002.0271L (M. SNYDER: (415) 575.6891)

150 OTIS STREET - The Juvenile Court and Detention Home, north side between McCoppin Street and Duboce Avenue. Lot 7 in Assessor's Block 3513 - Request for the Planning Commission to adopt a Resolution approving the designation of the Juvenile Court and Detention Home as Landmark 248, and recommending to the Board of Supervisors that they approve the designation of the Juvenile Court and Detention Home as Landmark 248.

Preliminary Recommendation: Approval

SPEAKER(S):

(+) Dave Curto - Director of Contracts - Department of Human Services

- They are urging the Commission to continue this matter because they were not properly notified.

- In the resolution there seems to be some untrue statements.

- The building is going through a minor rehabilitation for use as a homeless shelter and an earthquake shelter.

- Declaring the building as a landmark goes against long range plans of various agencies.

ACTION: Hearing Held. Item Continued to November 4, 2004 in order to discuss future use of the building with the project sponsor. Public Comment is Closed.

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

22a. 2002.1220E!KCV (M. LI: (415) 558-6396)

999 GEARY STREET (AKA 990 POLK STREET) - southeast corner at Polk Street, Lots 006 and 007 in Assessor's Block 0716 - Adopting CEQA findings regarding a request to construct a nine-story, 84-foot-high building containing up to 110 dwelling units for low-income senior citizens within an NC-3 (Moderate-Scale Neighborhood Commercial) District and a 130-E Height and Bulk District. In response to the modified scope of the project, a memorandum dated May 12, 2004 was issued to revise the Final Mitigated Negative Declaration adopted on June 2, 2003.

Preliminary Recommendation: Adopt the CEQA findings

SPEAKER(S):

(+) Jeremy Nelson - Transportation for a Livable City

They agree with the parking requirements imposed on this project.

(+) Eliseo Adoro

- He is concerned with the construction on the building because there is no alternate street to get to his shop.

- His business will be affected if there is no traffic access.

(+) May Kam

- She has a business next door.

- She is concerned that her building will not get enough light if this project is built.

- How will the partition wall be built?

(+) Don Funk -

- They will be able to target low-income residents.

- All of the units will have some type of direct sunlight.

- They are available to discuss the details of the project.

(+) Joan McNamara - Project Manager of the Mayor's Office of Housing (MOH)

- MOH is very supportive of this project.

(+) Scott Conem

- He is here to answer any questions.

ACTION: CEQA findings adopted

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

ABSENT: Bradford Bell

MOTION: 16867

22b. 2002.1220E!KCV (M. LI: (415) 558-6396)

999 GEARY STREET (AKA 990 POLK STREET), - southeast corner at Polk Street, Lots 006 and 007 in Assessor's Block 0716 - Request for conditional use authorization to (1) construct a nine-story, 84-foot-high building containing up to 110 dwelling units for low-income senior citizens on a lot exceeding 9,999 square feet and (2) reduce the number of required residential parking spaces within an NC-3 (Moderate-Scale Neighborhood Commercial) District and a 130-E Height and Bulk District. The project is proposing to provide 15 off-street parking spaces where 22 spaces are required.

Preliminary Recommendation: Approve with conditions

SPEAKER(S): See Speakers for 22a.

ACTION: Approved

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

ABSENT: Bradford Bell

MOTION: 16868

22c. 2002.1220E!KCV (M. LI: (415) 558-6396)

999 GEARY STREET (AKA 990 POLK STREET) - southeast corner at Polk Street, Lots 006 and 007 in Assessor's Block 0716 - Rear yard modification and dwelling unit exposure variance sought. The proposed project is the construction of a nine-story, 84-foot-high building containing up to 110 dwelling units for low-income senior citizens within an NC-3 (Moderate-Scale Neighborhood Commercial) District and a 130-E Height and Bulk District. The project will not provide a Code-complying rear yard, and a total of seven dwelling units on the second and third floors will not provide the required exposure. The rear yard modification and dwelling unit exposure variance will be considered by the Zoning Administrator.

SPEAKER(S): Same as those listed for item 22a.

ACTION: Zoning Administrator closed the public hearing and granted the rear yard modification and dwelling unit exposure variance.

23. 2004.0267C (G. NELSON (415) 558-6257)

3231-3237 PIERCE STREET - west side between Chestnut and Lombard Streets; Lots 005 and 006 in Assessor's Block 0489 - Request for Conditional Use authorization pursuant to Sections 145.2, 711.24, and 303 of the Planning Code to allow an outdoor activity area at the rear of two adjoining lots as part of a proposal to create a retail nursery (considered "Other Retail Sales and Services" per Sec. 790.102 of the Code) on the property. The proposal is also to demolish an existing single-story commercial structure at the front of LOT 005 and a garage structure at the rear of lot 005 and construct a commercial structure on lot 005. The outdoor nursery area would occupy the rear yards of both Lot 005 and 006. If approved, the proposed business (Sloat Garden Center) would have 11 retail stores (in the greater Bay area) and would then be considered a formula retail business per sections 703.3 and 711.40 of the Code.

Preliminary Recommendation: Approval with Conditions.

(Continued from Regular Meeting of September 2, 2004)

SPEAKER(S):

(+) Ted Warshaw - Project Sponsor

- This project will have low impact on their neighbors.

- Removing the existing structure will add light and air.

(+) Mr. Warshaw

- His grandfather purchased the property.

- An outdoor garden area will be less intrusive.

- They are fine with cutting the trees

(+) Bryan Silverman - Project Architect

- They have complied with all the regulations.

ACTION: Approved instructing that the project sponsor shall apply for appropriate loading and/or green zones and diligently pursue those applications.

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

ABSENT: Bradford Bell

MOTION: 16869

24a. 2003.0462D (G. NELSON (415) 558-6257)

261 26th AVENUE - west side between Lake and California Streets; lot 011 in Assessor's Block 1386 - Mandatory Discretionary Review, under the Planning Commission's policy requiring review of housing demolition, of Demolition Permit Application No. 2003.01.10.4988, proposing to demolish a two-story single-family home 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 demolition.

SPEAKER(S):

(+) Arkady Pikovsky - Project Sponsor

- They had neighborhood meetings but no one came.

- He hopes that the Commission will approve the project.

ACTION: Took discretionary review and disapproved the demolition.

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

ABSENT: Bradford Bell

24b. 2004.0755D (G. NELSON: (415) 558-6257)

261 26^TH AVENUE - west side between Lake and California Streets; lot 011 in Assessor's Block 1386 - Mandatory Discretionary Review, under the Planning Commission's policy requiring review of new residential building in association with residential demolition, of Building Permit Application No. 2003.01.10.4991, proposing to construct a new four-story, three-unit building with three off-street parking spaces 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 the project as submitted.

SPEAKER(S): See Speakers for Item 24a.

ACTION: On the chance an appeal is successful and the project is approved, the Commission took discretionary review and disapproved the project, but required that an NSR be filed to restrict the building to three units; stairs should be visually open or the ground level and bathroom should be reduced to a half bath.

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

ABSENT: Bradford Bell

25. 2004.0608D (M. SNYDER: (415) 575-6891)

500 8^TH STREET/1001 BRYANT STREET - southwest corner of 8th Street and Bryant Street, Lots 001C and 10 in Assessor's Block 3781 - Mandatory Discretionary Review of Building Permit Application No. 2004.06.16.6585 proposing to establish a automotive dealership, showroom, service center, and accessory administrative offices for Mercedes Benz in the Housing/PDR and the Housing/Mixed-Use Overlay Zones pursuant to Planning Commission Resolution 16727 (The Eastern Neighborhoods Interim Policies). The subject site is within a M-2 (Heavy Industrial) District and 40-X Height and Bulk District.

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

SPEAKER(S):

(+) Andrew Junius - Reuben and Junius - Representing Mercedes Benz

- The location is vacant.

- The site has had various PDR uses.

- He agrees with staff that this is an ideal location for this type of business.

- This will be the flagship location.

- This type of use will provide various types of employment.

- The architect is available for questions.

(+) Ash Zaki - Vice President and General Manager of Mercedes Benz of San Francisco

- This project will provide jobs in the South of Market and Mission Districts.

- A lot of the jobs are entry-level jobs.

- The full time employees receive full benefits. They have very little part time employees.

- They offer apprentice programs.

(+) David Barsotti - Vice President/Business Development Director

- He is the son of the owner of Mercedes Benz of San Francisco.

- They are trying to be one of the first to be LEED (Leadership in Energy and Environmental Design) certified.

- They are trying to make this building environmentally friendly.

- They are currently designing a smaller, environmentally conscious vehicle.

ACTION: Did not take discretionary review and approved the project.

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

ABSENT: Bradford Bell

26a. 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 207.5, 263.11, 271, and 157 to construct a nine-story, mixed-use building with up to 69 dwelling units at a density of one unit per 147 square feet of lot area under Section 207.5, to construct an 85-foot-tall building (with a 16-foot-tall mechanical penthouse) in the 40-X/85-B Height and Bulk District under Section 263.11, to exceed the bulk limits at the 50-foot height by 60 feet in length and 54 feet diagonally (by 48 feet in length and 42 feet diagonally at the 65-foot height) under Section 271; and to provide parking exceeding accessory amounts (with up to 62 spaces for project residents) under Section 157. On the ground floor, garage access would be provided at Shipley Street, and up to 5,000 gross square feet of retail space would be provided with access from Folsom Street. The proposed project would also require a rear yard modification and a variance from dwelling unit exposure requirements. The site is within an RSD (Residential/Service) South of Market Mixed-Use District, and a 40-X/85-B Height and Bulk District.

Preliminary Recommendation: Approval with modifications and conditions

(Continued from Regular Meeting of August 12, 2004)

NOTE: On May 27, 2004, the Commission passed a motion of intent to approve by a vote +5 -1. Commissioner S. Lee voted no. Final Language July 1, 2004. Public testimony remains open on any new information.

NOTE: On July 1, 2004, the Commission continued the matter to August 12, 2004.

NOTE: On August 12, 2004, without a hearing, the Commission continued the matter to October 7, 2004.

SPEAKER(S):

(-) Roger Halls

- He lives on Shipley Street.

- He appreciates the efforts of the Commission. They have tried to have a satisfactory plan.

- They have next to them the Silvercrest Residents run by the Salvation Army.

- He has lived in the area for 11 years.

- He is concerned with the safety of the Silvercrest community.

- Having the egress from this project open onto Folsom would be ideal.

- Retail space goes unused and vacant.

(-) Jim Meko - SOMA Leadership Council

- There are some planning guidelines that should be adhere to: like the zoning that governs the area; interim policies for the Eastern Neighborhood policies. The future of South of Market is all about the respect for the community.

(+) Jim Salinas - San Francisco Building and Construction Trades Council

- He praised the project sponsor for his due diligence.

- He agrees with the continuance.

- It is good that the project sponsor and the community have conversations and come to a decent compromise.

- The Commission should approve this project.

(+) Steve Atkinson - Representing Project Sponsor

- He agrees with continuing this matter.

ACTION: Hearing Held. Item Continued to October 21, 2004 in order for Project Sponsor to continue discussions with community and homeowner's association. Public Comment Remains Open.

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

ABSENT: Bradford Bell

26b. 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 - Requests for Variances. The proposal is to construct a nine-story, mixed-use building with up to 69 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. A variance is sought from dwelling unit exposure requirements, as the horizontal dimensions of the inner court do not meet the requirements for an open area as defined under Section 140(a)(2) for dwelling unit exposure, and 27 of the 70 units have no exposure other than this inner court. 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 May 27, 2004)

NOTE: On May 27, 2004, Zoning Administrator has left the public hearing open and continued the item to July 1, 2004.

NOTE: On July 1, 2004, Zoning Administrator continued the matter to August 12, 2004.

NOTE: On August 12, 2004, without a hearing, Zoning Administrator continued the matter to October 7, 2004.

SPEAKER(S): See Speakers for Item 26a.

ACTION: Zoning Administrator continued the matter to October 21, 2004.

G. PUBLIC COMMENT

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

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

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

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

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

None

Adjournment: 7:26 p.m.

THESE MINUTES ARE PROPOSED FOR ADOPTION AT THE REGULAR MEETING OF THE PLANNING COMMISSION ON THURSDAY, OCTOBER 21, 2004.

SPEAKERS: None

ACTION: Approved

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

ABSENT: S. Lee

EXCUSED: Alexander