December 2, 2004

SAN FRANCISCO
PLANNING COMMISSION

Meeting Minutes

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

Thursday, December 2, 2004

1:30 PM

Regular Meeting

COMMISSIONERS PRESENT: Dwight Alexander; 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 1:40 p.m.

STAFF IN ATTENDANCE: Dean Macris - Interim Director of Planning; Larry Badiner - Zoning Administrator; Elaine Tope; Dario Jones; Nora Priego - Transcription Secretary; Jonas Ionin - Acting 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. 2004.0798D (M. SMITH: (415) 558-6322)

2070 30^TH AVENUE - east side between Pacheco and Quintara Streets, Lot 003M in Assessor's Block 2149 - Request for Discretionary Review of Building Permit Application No. 2004.01.26.4825, proposing to construct a two-story horizontal addition at the rear of a single-family dwelling, located in a RH-1 (Residential, House, One-Family) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Pending

(Proposed for Continuance to January 6, 2004) 2005

SPEAKER(S): None

ACTION: Without hearing, item continued to January 6, 2005.

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

ABSENT: Alexander and Hughes

2a. 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 from Regular Meeting of October 21, 2004)

(Proposed for Continuance to January 20, 2005)

SPEAKER(S): None

ACTION: Without hearing, item continued to January 20, 2005.

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

ABSENT: Alexander and Hughes

2b. 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 October 21, 2004)

(Proposed for Continuance to January 20, 2005)

SPEAKER(S): None

ACTION: Without hearing, item continued to January 20, 2005.

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

ABSENT: Alexander and Hughes

3. (M. FOSTER (415) 558 - 6362)

OVERVIEW OF THE PROPOSED MID-MARKET REDEVELOPMENT PLAN AND SPECIAL USE DISTRICT - Informational presentation on the proposed Mid-Market Redevelopment Plan and SUD. Staff will provide an overview of the Plan's key goals and proposals, outline the key issues related to the proposed Special Use District. and describe the schedule for further Planning Commission review.

Preliminary Recommendation: No Action

(Continued from Regular Meeting of October 14, 2004)

(Proposed for Continuance to January 20, 2005)

SPEAKER(S): None

ACTION: Without hearing, item continued to January 20, 2005.

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

ABSENT: Alexander and Hughes

4. 2003.0228E (N. TURRELL: (415) 558-5995)

519 ELLIS STREET/430 EDDY STREET - Assessor's Block 0334, Lots 28 and 8 - Appeal of a Preliminary Mitigated Negative Declaration. The proposed project involves the development of 46 senior housing units on two separate lots. A five- story, 22- unit, 13,919 gross-square-foot (gsf) building would be constructed at 519 Ellis Street, and a five-story, 24-unit, 13,600-gsf building would be constructed at 430 Eddy Street. Each structure would be about 50-feet tall, and would include one off-street, accessible van parking space. Both of the vacant parcels are located in the block between Hyde and Leavenworth Streets in the Tenderloin neighborhood of San Francisco. The 519 Ellis Street parcel is approximately 3,781 square feet (sf) in size, and the 430 Eddy Street parcel is about 3,575 sf in size. The parcels are zoned RC-4 (Residential-Commercial Combined Districts, High Density), and are in an 80-T height and bulk district, and are located within the San Francisco Apartment/Hotel District. The proposed project would require conditional use authorization for construction over 40 feet in a residential district, and a variance for an exception to the rear yard, and exposure requirements.

Preliminary Recommendation: Uphold Preliminary Mitigated Negative Declaration

(Proposed for Continuance to December 9, 2004)

SPEAKER(S): None

ACTION: Without hearing, item continued to December 9, 2004.

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

ABSENT: Alexander and Hughes

5a. 2004.0205EKCV (J. MILLER: (415) 558-6344)

1218-1226 LEAVENWORTH STREET - east side between Sacramento and Clay Streets, Lot 23A in Assessor's Block 220 - Request for Conditional Use Authorization, for height in excess of 40 feet in an "R" District (48.5 feet proposed) in conjunction with the addition of a new floor (containing two dwelling units) to an existing three-story-over-basement residential building (resulting in seven units). The site is located in an RM-3 (Mixed Residential, Medium Density) District, and a 65-A Height and Bulk District.

Preliminary Recommendation: Approval with conditions

(Proposed for continuance to December 16, 2004)

SPEAKER(S): None

ACTION: Without hearing, item continued to December 16, 2004.

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

ABSENT: Alexander and Hughes

5b. 2004.0205CEKV (J. MILLER: (415) 558-6344)

1218-1226 LEAVENWORTH STREET - east side between Sacramento and Clay Streets, Lot 23A in Assessor's Block 220 - Request for a Variance from rear yard requirements of the Planning Code, for projection of a proposed new top (fourth) floor approximately 1.5 feet into the required rear-yard area (flush with the existing rear wall below), and for a new rear exit stair extending approximately 12 feet beyond the proposed rear building wall and extending from that new level to grade. The site is located in an RM-3 (Mixed Residential, Medium Density) District, and a 65-A Height and Bulk District.

(Proposed for continuance to December 16, 2004)

SPEAKER(S): None

ACTION: Without hearing, item continued to December 16, 2004.

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

ABSENT: Alexander and Hughes

6. 2004.0939TZ (P. LORD: (415) 558-6311)

FILLMORE STREET ALCOHOL RESTRICTED USE DISTRICT - Consideration of an Ordinance adding Section 249.29 to the Planning Code to create a Fillmore Street Alcohol Restricted Use District prohibiting liquor establishments and regulating existing non-conforming liquor establishments; amending the Zoning Map Sheets 2SU of the City and County of San Francisco to indicate the boundaries of the Fillmore Street Alcohol Restricted Use District; and making findings of consistency with the priority policies of Planning Code Section 101.1 and the General Plan.

WITHDRAWN

SPEAKER(S): None

ACTION: Withdrawn

7. 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

(Continued from Regular Meeting of November 4, 2004)

DISCRETIONARY REVIEW APPLICATIONS WITHDRAWN

SPEAKER(S): None

ACTION: Discretionary Review Application was Withdrawn.

8. 2004.0760DDDD (T. TAM: (415) 558-6325)

4027-19^TH 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.

(Continued from Regular Meeting of October 7, 2004)

(Proposed for Indefinite Continuance)

SPEAKER(S): None

ACTION: Without hearing, item continued indefinitely.

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

ABSENT: Alexander and Hughes

B. COMMISSIONERS' QUESTIONS AND MATTERS

9. Commission Comments/Questions

Commissioner Bradford Bell:

- She requested that today's meeting be adjourned in memory of Bob Werby. He is from Grosvenor Properties. She sat with him on the Environmental Commission. He was the most kind and generous person she has ever met. He was very supportive to the children at the Bay View Opera House. Mr. Werby passed away from a heart attack on Thanksgiving Day.

C. DIRECTOR'S REPORT

10. Director's Announcements

Re: Backlog

- For the Chief Financial Officer position, there are three candidates that have been narrowed down.

- Regarding the Planner III Environmental position, he hopes that by the end of the year, there will have been a selection. This will be a big step in dealing with the back log.

- By February, the Department will have filled all of the vacant Planner classifications.

Re: Consultants

- There will be a 90 day analysis of the supply and demand of production, distribution and repair (PDR) services in the City.

- It was communicated to Supervisor Maxwell that staff will prepare land use recommendations for the Showplace Square in six months.

Commissioner Antonini asked:

- What is the process regarding Supervisor Maxwell's legislation?

- What is the status of projects in the pipeline?

Director Macris Responded:

- Supervisor Maxwell's legislation will be heard again in Committee on December 6 and voted on December 13. There is no way to predict the outcome.

- The period between now and the results of the analysis, the Director will be meeting with Paul Maltzer to bring projects before the Commission without putting the projects in jeopardy.

- He will keep the Commission informed on this.

Zoning Administrator Badiner:

Re: Rincon Hill

- It would be a good idea to schedule something in the future. He will be meeting with the Commission individually and will schedule something in mid January 2005.

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

BOS - None

BOA - None

D. GENERAL PUBLIC COMMENT - 15 MINUTES

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. Each member of the public may address the Commission for up to three minutes.

Sue Hestor

Re: Reports

- Annual Report of the Office Allocation report is due.

- She has not been successful in getting the information on this.

- She would like the Commission to ask staff when these reports will go out.

REGULAR CALENDAR

12. 2004.0649C (E. TOPE: (415) 558-6316)

601-605 BAKER STREET - northwest corner of Baker and Fulton Streets, Lot 010 in Assessor's Block 1177 - Request for Conditional Use Authorization pursuant to Planning Code Sections 182(b)(1) and 710.44 to allow a change of use from retail (formerly "Baker's Market") to a Small Self-Service Restaurant ("Green Chili Kitchen") in one of two commercial spaces (classified as Limited Commercial Uses) on the ground floor of a mixed use building in an RM-1 (Residential, Mixed District, Low Density) and a 40-X Height and Bulk District. The other space is proposed to remain in retail use. Preliminary Recommendation: Approval with Conditions

SPEAKER(S):

(+) Shephard Logan

- He has lived in this neighborhood for over 6 years.

- He originally had the idea of constructing a market with a deli that would serve food for take out with only a few tables and chairs.

- The food served and sold will be organic.

- His target market is the neighborhood. He wants to offer something that is good for the northern panhandle.

- He has had unanimous support.

- This project will definitely not be a fast food restaurant.

(+) Mark Tosh - Project Architect

- The owner of the building is intending to restore the building to the original façade.

- There will be upgrades done to the entire building.

(-) Erick Borguardt

- He lives on Baker Street, which is adjacent to the project site.

- He has lived there for 30 years.

- He is happy that there will be extensive rehabilitation to the existing building.

- His only concerns are related to fumes, exhaust and noise.

- He believes that there will be parking problems as well.

ACTION: Approved with the Condition that Project Sponsor put up a sign stating that parking is not be allowed in neighbor's driveways.

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

ABSENT: Alexander and Hughes

MOTION: 16893

13. 2004.1029C (D. JONES: (415) 558-6477)

41-47 (A.K.A #45) WEST PORTAL AVENUE - east side of West Portal Avenue between Vicente and Ulloa Streets, Lot 026 in Assessor's Block 2979A - Request for Conditional Use Authorization under Planning Code Sections 729.21, and 729.53 to establish a business or professional use (real estate office) on the ground floor within vacant retail space with a use size of approximately 3,600 square feet. The Project is to relocate an existing real estate office (Barbagelata Real Estate) from 314 West Portal Avenue to the subject property. The subject property is located within the West Portal Neighborhood Commercial District and within a 26-X Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

SPEAKER(S):

(+) Paul Barbagelata - Project Sponsor

- His company has been established in the area for 43 years.

- They lost their lease and are in a month-to-month situation.

- It is a relocation two buildings away.

- Many of their employees take public transportation.

- He has support from various businesses in the area.

(+) Jim Anderer

- He is a long term resident of West Portal.

- He supports this request since Barbagelata has been a good neighbor.

- He urges the Commission to approve this request.

(+) Shamaran Anderer

- She has been a resident of the area within walking distance of Barbagelata.

- They have been very good neighbors and supports them in their move.

(+) John Cohen

- He lives and works in the area for 20 years.

- This will be a great upgrade for the company and for the area.

(+) Fred Martin

- He lives a block away from West Portal.

- He purchased his home through Barbagelata Realty.

- He supports the move and the growth of the company.

ACTION: Approve

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

ABSENT: Alexander and Hughes

MOTION: 16894

14. 2003.0964C (G. NELSON: (415) 558-6257)

1881 POST STREET - south side between Fillmore and Webster Streets; Lot 001 in Assessor's Block 0701 - Request for Conditional Use authorization pursuant to Section 712.83 of the Planning Code to install a total of fourteen antennas on the roof and related equipment in the basement of an existing 79-foot tall commercial structure, known as the Kabuki Theater, as part of Verizon Wireless' telecommunications network within an NC-3 (Moderate Scale-Neighborhood Commercial) District and a 65-A Height and Bulk District. Per the City & County of San Francisco's Wireless Telecommunications Services (WTS) Facilities Siting Guidelines the proposal is a Preferred Location Preference 2 as it is a co-location site. Sprint, Nextel and AT&T also have approved installations at this location.

Preliminary Recommendation: Approval with Conditions

SPEAKER(S):

(+) James Singleton - Verizon Wireless

- The building is used as a movie theatre.

- There are existing carriers on the roof.

- The location meets the desirability of the installation.

- The equipment will not be visible to the public.

- There were community meetings and only 1 person attended.

ACTION: Approved

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

ABSENT: Alexander and Hughes

MOTION: 16895

15. 2004.0353C (G. NELSON at (415) 558-6257)

2241 GEARY BOULEVARD (AKA 2130 O'FARRELL STREET) - south side between Broderick and Divisadero Streets; Lot 050 in Assessor's Block 1098 - Request for Conditional Use authorization pursuant to Section 712.83 of the Planning Code to install a total of 6 antennas on a rooftop penthouse and related equipment on the 6^th floor parking deck of the approximately 70-foot tall Kaiser Hospital Parking Garage, as part of Sprint's telecommunications network within an NC-3 (Moderate Scale-Neighborhood Commercial) District and a 105-E Height and Bulk District. Per the City & County of San Francisco's Wireless Telecommunications Services (WTS) Facilities Siting Guidelines the proposal is a Preferred Location Preference 1 (most preferred) as it is a publicly-used structure. No other cellular carriers have installations at this location.

Preliminary Recommendation: Approval with Conditions

(Continued from Regular Meeting of October 21, 2004)

SPEAKER(S): None

ACTION: Approved

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

ABSENT: Alexander and Hughes

MOTION: 16896

16. 2004.0501C (G. NELSON: (415) 558-6257)

2000 VAN NESS AVENUE - northeast corner at the intersection of Van Ness Avenue and Jackson Street; Lot 005 in Assessor's Block 0595 - Request for Conditional Use authorization pursuant to Section 209.6(b) of the Planning Code to install a total of four (4) antennas on the roof of an existing 110-foot tall commercial structure, known as the Medical Arts Building, as part of Nextel's wireless telecommunications network within an RC-4 (Residential-Commercial Combined) District, the Van Ness Special Use District and an 80-D Height and Bulk District. Related equipment cabinets will be installed inside the garage level at the ground story. Per the City & County of San Francisco's Wireless Telecommunications Services (WTS) Facilities Siting Guidelines the proposal is a Preferred Location Preference 4 as it is a wholly commercial structure. Metro PCS and Sprint also have approved installations at this location.

Preliminary Recommendation: Approval with Conditions

(Continued from Regular Meeting of October 21, 2004)

SPEAKER(S): None

ACTION: Approved

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

ABSENT: Alexander and Hughes

MOTION: 16897

17. 1996.546E (N. TURRELL: (415) 558-5994)

BAYVIEW HUNTERS POINT REDEVELOPMENT PROJECTS AND REZONING - Public Hearing on Draft Environmental Impact Report - The proposed project is the San Francisco Redevelopment Agency's (SFRA) proposed Bayview Hunters Point (BVHP) Redevelopment Plan, and amendments to the India Basin Industrial Park (IBIP) and Bayview Industrial Triangle (BIT) Redevelopment Plans and rezoning in the Project Area. The Project Area is located in the southeastern quadrant of the City and County of San Francisco in the area generally bounded by Cesar Chavez Street to the north, US 101 to the west, San Mateo County to the south, and the San Francisco Bay to the east. The proposed redevelopment program would institute tax increment financing for the area added to the Hunters Point Redevelopment Project and for the Bayview Industrial Triangle Redevelopment Project, and would rezone land in the Bayview Hunters Point area. The total allocation of net new floor area within the Bayview Hunters Point Redevelopment Area would be approximately 2.2 million square feet by 2020. The potential mall at Candlestick Park would comprise approximately half of this new floor area and the remaining floor area would be spread throughout the activity nodes, with the Hunters Point Shoreline Activity Node receiving the greatest percentage of net new square footage. Approximately 6,200 net new employees would work in the Bayview Hunters Point Redevelopment Area. In addition, the Redevelopment Area would see an increase of approximately 3,600 new dwelling units by 2020. The northern section of the Project Area is zoned Light Industrial (M-1) and Heavy Industrial (M-2). The Third Street commercial corridor is zoned primarily Neighborhood Commercial (NC-3), with pockets of Light and Heavy Industrial zoning on the northern and southern edges of the corridor. Residentially zoned land is located east and west of Third Street. Residential, Industrial and Neighborhood Commercial zoning classifications are in the Hunters Point Shoreline area. Other pockets of Neighborhood Shopping zoning are along Gilman Avenue and along Hunters Point Boulevard and Innes Avenue. The southern portions of the Project Area generally are zoned Residential and Heavy Commercial, and Public within the Candlestick Point area.

Preliminary Recommendation: No action required.

Note: Written comments will be received at the Planning Department until 5:00 p.m. on December 10, 2004.

SPEAKER(S):

Francisco DeCosta - Environmental Justice Advocacy

- He works at the San Francisco Presidio.

- There are major changes made of over 9,000 parcels and 2,500 acres.

- The report has been very hastily prepared.

- There is very little reference proposed for the ethnicity of the area.

- African-Americans have contributed a lot to the area.

- He has always stressed for quality of life issues, transparency, etc. and these are not found in the document.

Ron Morgan

- He lives on Richland Avenue.

- He thanked the various organizations for this plan.

- The plan is comprehensive and impressive.

- The Bayshore Industrial corridor concerns him because it would create a new zoning category. This change promotes big box retail.

- He does not want to sound as if he were against the EIR. He just has some concerns about it.

Barbara Kyle

- He is not opposed or supportive of the plan, she just has concerns about the Bayshore area.

- She is concerned with creating a big box alley in the Bayshore area.

- The Cortland/Bayshore area was not included in the traffic impact section. This is important because it is a very high traffic area.

- Her other concern has to do with small businesses. There are a lot of small parcels in the area so there is no room for big box businesses.

Angelo King - BVHP PAC Chair

- He is part of the Bayview Hunters Point Committee.

- He has talked to the planners since he is not an expert.

- Home Depot has it's own EIR that is why this should be considered separately.

- The EIR should be passed since it will be the first step in improving the area.

Mike Hammon

- He lives in the Bayview and has a business there.

- He also serves in the committee.

- There have been thousands of meetings, many hours of manpower, etc.

- They have encouraged people to get involved.

- It is not right to allow an "11^th hour" derailment of this project.

- Every meeting he has attended the number one concern is jobs.

- This corridor has been designated as an economic opportunity.

- It is not right for some elite people on the hill to deny the neighborhood's best interest.

Nic Griffin

- She lives in Bernal Heights.

- She has a great deal of concern for the neighborhood.

- The new PDR large commercial zoning is not appropriate.

- The Bayview is flat and Bernal Heights is very "hilly".

- The traffic has greatly increased in Bernal Heights.

- Cortland will be one of the main routes to get to this new commercial district so this street is very important.

- She would hate to see this plan be stopped just because of one area but it is important to consider the area separately.

Azalia Merrell - Carpenter's Union

- She grew up in Bernal Heights.

- There are a lot of young people that are coming out of the Bayview Hunters Point area.

- This area is very important for it to have jobs created.

Sue Hestor

- She is representing Cole Hardware.

- It would be helpful to acknowledge that there are adjacent neighborhoods and not just freeways.

- There are issues that need to be dealt with in regards to Cortland Avenue and Bernal Heights.

- All the same Bayshore intersections need to be analyzed equally. Yet Cortland Avenue is not included in the document.

Bree LeMaire

- Her backyard over looks what used to be Goodman Lumber.

- When Goodman Lumber moved out, the graffiti and the weeds moved in.

- Cortland Avenue can manage any more traffic coming through.

- There are trucks parked on Cortland Avenue so this causes traffic jams.

- She wants to help to provide jobs but putting a big box there would not help.

- There are a lot of small business owners that are doing very well there.

Mike Boss

- He is a resident of Bernal Heights and has a business there.

- He is supportive of the economic redevelopment of Hunter's Point.

- Neighbors have borders so Bernal Heights would greatly be impacted by big box retailers.

Linda Richardson - Commissioner

- This plan has taken about nine years to develop and thousands of hours.

- This is a very comprehensive plan.

- She is very familiar with the development of the City.

- This plan will help to revitalize an area that has been ignored for many years.

- The Home Depot project has gone through a lot of scrutiny so the Bay View Hunter's Point should not be "held hostage".

(first name unclear) Hutchinson

- It does not matter what is built in the neighborhood. What is important is that people will be going to work.

- It does not matter what nationality they are either.

Charlie Walker

- He is unhappy about this.

- Bernal Heights cannot have it the way they want it all the time.

- Bayview Hunters Point will exist whether Bernal Heights wants it or not.

- Home Depot will be good for the area because it will create jobs.

Aurelius Walker

- The majority of the people have spoken.

- They support the Home Depot project.

- It is important for people to look out for the Bayview Hunters Point project but it is not correct for people to speak for them.

ACTION: Hearing Held. No action required at this time.

18. 2004.1209U (J. LAU: (415) 558-6383)

BAYVIEW INDUSTRIAL TRIANGLE REDEVELOPMENT PROJECT AREA - all or portions of Assessor's Blocks 5235, 5242, 5253, 5260, 5272, 5279; being generally bounded by Third Street, a mid-block line between Jerrold and Kirkwood Avenues, Phelps Street, and a mid-block line between Evans and Fairfax Avenues - The Commission will consider a resolution to Endorse amendments to the Design for Development, a document of the Bayview Industrial Triangle Redevelopment Project Area, as proposed by the Redevelopment Agency. The proposed amendments would 1) remove mandatory setback requirements; 2) reduce car parking and truck loading requirements consistent with the requirements in other redevelopment project areas and the Planning Code; 3) add new bicycling parking requirements; and 4) include new development standards along Third Street. These amendments were adopted by the Redevelopment Agency Commission at a hearing on November 9, 2004.

Preliminary Recommendation: Approve Draft Resolution

SPEAKER(S):

Michael Cohen

- This is an incredibly important project for the City of San Francisco.

- The Redevelopment Agency and the Navy came to an agreement regarding this area.

- They got incredible support from various senators.

- They negotiated this agreement over a year.

- The agreement became stronger and has served very well.

- This agreement will foster cleanup faster.

- They have received concerns from the various community members regarding the clean up including radiation clean up.

- The community benefits project will allow the entire community to participate in the redevelopment plan.

ACTION: Approved

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

ABSENT: Hughes and Olague

MOTION: 16898

19. 2004.1207DD (G. NELSON: (415) 558-6257)

549 47^th AVENUE - west side between Geary Boulevard and Anza Street, Lot 012 in Assessor's Block 1497 - Requests for Discretionary Review of Building Permit Application No. 2004.03.18.9001, proposing to construct a third-story vertical addition to the existing two-story single-family dwelling, in an RH-1 (Residential, House, Single-Family) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Do Not Take Discretionary Review and approve the project as modified.

SPEAKER(S):

(-) Arthur Adams - 1^st Discretionary Review Requestor

- He and his wife have lived in their house for 8 ½ years.

- They are very active in their community.

- The understand, support and respect construction to their home so long as it does not disrespect the adjacent neighbors considerably.

- He submitted ten letters of people who are in support of Discretionary Review.

- They have had many communications with the project sponsor but have not been able to reach an agreement.

- They are concerned with a large shadow that will be cast on their home and their deck.

- The loss of sunlight will drastically impact their lives.

(-) Karen Eng - 2^nd Discretionary Review Requestor

- Her concerns are related to the large windows on the properly line since it will interfere with her privacy.

- She is in favor to construction to homes but such modifications should be respectful of neighbors and their private lives.

- The windows are not necessary by codes, they will purely be built for views.

- If the project is built, she will not have an opportunity to do any construction on her home.

- They are willing to compromise regarding the size, location and placement of the windows.

(+) John Lum - Project Architect

- He did speak to the southern neighbors about the property line windows, if someone builds up to the windows, the windows would have to be removed.

- Property line windows are not protected.

- Although the neighbors are against the third floor, there is a house across the street which is three stories.

- Regarding the shadow report, they did a diagram on how the house would be impacted by the sun. The project sponsor has already reduced the third floor and removed the back staircase to lessen the sunlight impact.

- The effect on the backyard is very minimal.

ACTION: Take Discretionary Review and Approve with the following modifications: 1) remove the shower in the garage level; 2) provide a 3 foot chamfer at 3^rd level; 3) Planning Commission would not favor a Discretionary Review to protect the properly line windows.

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

20. 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.

(Continued from Regular Meeting of October 21, 2004)

SPEAKER(S):

(+) David Silverman - Representing Project Sponsor

- The building only has five utility meters and five habitable units.

- If this application is approved, it will allow for the building to be restored to its original configuration, and improve the building.

- The project has full support of the neighborhood

- The project will preserve the neighborhood character.

- The project will also add parking which would bring it into conformance with the Planning Code.

(+) Pat Buskovitch - Engineer

- There are various properties in the area that were allowed to have a merger.

- The quality of the housing units are substantially below the housing code.

- Perhaps these units below were used as storage units.

- There are various housing violations as well.

(+) John McCartle

- He is retired and has been in San Francisco since 1969.

- The units cannot be rented out because of the deterioration.

- There are various neighbors who are in support of the project.

- They live in the attic of the building and would like to live in a unit that is ample.

(+) Debra McCartle

- They are people that would like to live in a place that has more room.

(+) William Mandel

- He is a neighbor of the project sponsor.

- It is important to preserve housing but it is more important to preserve quality housing.

ACTION: Do not take Discretionary Review and Approve Merger

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

ABSENT: Alexander and Hughes

21. 2004.1167DD (R. CRAWFORD: (415) 558-6358)

1310 STANYAN STREET - east side of a n undeveloped portion of Stanyan Street between Clarendon Avenue and Mountain Spring Avenue. Assessor's Block 2706 Lot 035 - Request for Discretionary Review of Building Permit Application No. 2004.07.15.8977, to construct a new single-family dwelling, three stories in height on a vacant parcel in an RH-1 (D) (Residential House, One Family, Detached) District, and a 40-X Height and Bulk District.

Preliminary Recommendation: Do Not Take Discretionary Review and Approve the Project.

SPEAKER(S): None

ACTION: Without hearing, item continued to January 20, 2005.

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

ABSENT: Alexander and Hughes

22. 2004.0361D (M. SMITH: (415) 558-6322)

184 MAJESTIC AVENUE - east side between Summit and Lakeview Avenues, Lot 019 in Assessor's Block 7060 - Request for Discretionary Review of Building Permit Application No. 2002.07.24.2259, proposing to construct a two-story over garage single-family dwelling on a vacant lot, located in a 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

SPEAKER(S):

(-) Ella Turner Gray - Discretionary Review Requestor

- She was never notified about this project.

- She received notification that the project was two stories over garage.

- The project applicant never made any proposals to her by way of mouth or written.

- Nowhere in the present document does it state that the modifications of the project actually are in compliance with the Residential Design Guidelines.

- This project will have a devastating affect on her light and her life.

- The project documents does state that the project could be lower.

- She would like the Commission to preserve the open space in the area.

(-) Edgar Boyer

- He lives across the street from the proposed project.

- He is opposed to the project because of the height.

- He read a letter from his neighbor who was able to come to the meeting but is opposed to the project.

(-) Barbara Brown

- She lives on Majestic Avenue.

- She is opposed to the project because it is too tall.

- This project will completely overshadow her house.

- She read a letter from a neighbor who could not come to the meeting and is opposed to the project.

(-) Jeff Logan

- He read a letter from neighbors who are against the project and live in the neighborhood.

(-) Louisha Gray

- She is opposed to the project.

- She also read a letter from a neighbor who is opposed to the project.

(-) Michael Wheeler

- He rents a house in the area.

- He considers this his permanent residence.

- The proposed project is right in his back yard.

- The project will cause traffic problems and will be very disruptive when the construction starts.

- His roommate sleeps during the day and this will be a problem.

(-) Hetty Lindberg

- She lives in the area.

- She is concerned that this house will be too large and will set a precedent.

- She lives very close to the project.

(-) Phillip Gray

- All of the issues and concerns of the neighbors have been stated here today.

- He displayed a photo of the proposed project and explained how the proposed project would tower over the other homes.

(+) Leal Sharmain - Project Architect

- He explained how there are various homes that are three stories over garage.

- He has tried to reduce the house as much as possible.

- The design is to transition from the lower story to the upper story.

- The intent is to have a five-foot setback in order to not have a blank wall.

ACTION: Hearing Held. Item continued to January 27, 2004 in order to allow for Project Architect to design a project that is more compatible with the neighborhood.

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

ABSENT: Alexander and Hughes

23. 2004.1180D (M. SMITH: (415) 558-6322)

852 CHENERY STREET - north side between Surrey Street and Lippard Avenue, Lot 066 in Assessor's Block 6732 - Staff-Initiated Request for Discretionary Review of Building Permit Application No. 2004.09.07.3511, proposing to construct a one-story horizontal addition and remove the Notice of Special Restrictions that was placed on the rear accessory cottage by the Planning Commission when it was constructed thereby allowing the owners to add a full bath and wet bar to the structure, located in a 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

SPEAKER(S): None

ACTION: Take Discretionary Review and Approve the Project with Modifications: Add notice of Special Restriction to restrict this property to a single-family dwelling.

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

ABSENT: Alexander and Hughes

24. 2004. 0899D (D. WASHINGTON: (415) 558-6443)

1131 RIVERA STREET - south side between 21st and 22nd Avenues, lot 017A, Assessor's Block 2328 - Request for Discretionary Review of building permit application no. 2004.06.29.7535 to construct a two story rear horizontal addition to an existing single family residence located in an RH -1 (Residental, House, One-Family) Use District and 40-X Height and Bulk District.

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

SPEAKER(S):

(-) Karen Siu - Discretionary Review Requestor

- She lives to the west of the subject property.

- The subject property will extend three feet from the property window of her home.

- When she looks out the window all she can see is her neighbor's wall.

- She is requesting that the Commission set back the building three feet or angle the back wall.

(-) Eileen Boken - SPEAK

- There are various properties that are significant architecturally.

- There has a lot of work that has been done to the property already.

- She viewed the permits that are on file and they show significant changes to the house.

- There are also inconsistencies with the permits and what is stated in the Discretionary Review report.

- She requested from the Commission to direct the project sponsor to return the front steps to the original specs and also require that they maintain the existing front windows, front door and garage doors as they are key elements to the architectural style of the house.

- Also, where are the permits for the exterior work?

(+) Michael Hum - Project Sponsor

- He displayed a photograph of an experiment he did regarding the shadow impact on his neighbor showing that there would be a slight shadow.

- Regarding the exterior work, everything will be replaced. It had been removed because of dry rot.

- He hopes that the Commission will approve the project.

ACTION: Do not take Discretionary Review and Approve Project with Conditions: confirm construction costs.

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

ABSENT: Alexander and Hughes

6:00 P.M.

AT APPROXIMATELY 6:00 P.M. THE COMMISSION MAY CONSIDER THE FOLLOWING MATTERS PRIOR TO THE CONCLUSION OF THE REGULAR CALENDAR

25a. 2004.0882EMZRU (P. MALTZER (415) 558-5977)

HUNTERS POINT SHIPYARD REDEVELOPMENT PLAN - Lot 10 in Assessor's Block 4591A - Adoption of CEQA Findings regarding General Plan Amendments, Planning Code Amendments (a Zoning Map amendment), a General Plan Referral, and an Inter-Agency Cooperation agreement related to the Hunters Point Shipyard Redevelopment Project.

Preliminary Recommendation: Adopt CEQA Findings.

(Continued from Regular Meeting of November 18, 2004)

SPEAKER(S):

(+) Linda Richardson

- They have worked diligently to identify the issues of this project.

- The shipyard stands as a model project.

- They are aware of all the elements that affect the development of the shipyard.

- She thanked past Mayor Willie Brown for putting this together.

(+) Rev. Edgar Boyd

- This project adds an opportunity to see a renaissance of the community.

- They are encouraging to give positive consideration for development of this project.

- This project has had unanimous approval from various City agencies.

(-) Dr. Ahimsa Porter Sumchai - Chair Radiological HPS RAB

- Environmental project require Environmental review before the project is considered.

- There are parcels in the area that have radiation-contaminated buildings.

- The EIR makes no mention of the fact of the radiation.

(+) Michelle Senders - Office of Senator Fienstein

- Phase 1 development should move forward without further delay.

- There will be jobs, infrastructure, homes, and assistance for first homebuyers, etc.

- The community will benefit the most from this project.

(+) Charlie Walker

- There are a lot of people in the audience that live in the area that has the highest levels of unemployment.

- All these people want to go to work.

- Approval of this project will start the journey to employment.

- He looks forward for the Commission to come to Hunters Point.

(+) Sululagi Palega - Hunter's Point Boys and Girls Club

- He has lived in the Hunters Shipyard for over 50 years.

- There is a high rate of violence in the community.

- He recommends that this project be approved.

(+) Regina Davis - San Francisco Housing Development Corporation

- The significance of the housing component is paramount.

- She urged the Commission not to delay in approving this project.

(+) Al Dixon - San Francisco Small Business Development Center - City College

- They have been talking about executing assistance for small businesses.

- Small businesses are an engine for jobs.

- They want to see the City and this community to move forward.

(+) Rev. Ted Frazier - BAPAC and Voice of Pentecost Church

- He is in support of this project.

- He has lived, worked and ministered in the area.

- The spiritual needs can be better dealt with when the physical needs are met.

- He is happy to hear that the clean up will continue when the project is approved.

(+) Dr. Veronica Hunnicutt - Dean of the South East Campus of City College

- The naval shipyard presents an important part of the community.

- There is excitement in the community when this project will be approved.

- City College will partner with the various agencies to provide training for various areas.

(+) Rev. Arnold Townsend

- He is one voice in many to approve this project.

- This project needs to be moved quickly since there are a lot of good things that will come out of it.

- The community does need to be vigilant so that everyone involved will do their job.

- Jobs and business opportunities will be created if this is approved.

(+) Fred Jordan - F. E. Jordan Associates

- This community has been the slowest community he has ever seen.

- He urged the Commission to approve this project since it is ready to go.

(+) Olin Webb

- His company does environmental cleanup.

- He has lived in the area all his life.

- Now is the time to make progress and approve this project.

- They need to get everything that they can get from this project.

- He will be part of the clean up crew and is anxious to train young men and women eager to work.

(+) Will Bass

- He urged the Commission to move this project forward.

(+) Robert Foster

- He is a member of the Bayview Rotary.

- He is asking the community to seize the opportunity and approve this project.

- This project allows room for innovation.

(+) Azalia Merrell - Carpenter's Union

- She is a native San Francisco as well as a member of the Carpenter's Union.

- It is important for people to have skills and therefore have opportunities to obtain jobs.

- The jobs proposed with this project are permanent not temporary.

(+) George Davis - BVHP Senior Center

- He asked the Commission to support this project.

- His organization has been involved in the development of the area for more than 10 years.

- This is a very important project for the community.

(+) Saul Bloom - AKC Ecology

- He supports the passage of this project.

- He has been involved for many years in the environmental clean up of the area.

- He has been involved in negotiations in this matter.

- He believes that the project is very safe.

(+) Willie Kennedy - Site Office of the Redevelopment Agency

- She does not want the Commission to close the light that has shown in the Hunters Point area.

- There is opportunity for everyone as long as there are jobs, housing, etc.

(+) John Scott

- He lives in the Bayview as well as works there.

- He agrees with everyone that has spoken tonight to pass this project.

- This is a time and opportunity to make a change.

(+) Myles Stevens - Architect

- The Bayview and the Shipyard are not entirely built and this project would be the beginning.

- The music needs to be brought back to this area.

- The clean up has been done and is safe.

(+) Mel Lee

- He encouraged the Commission to approve this "win-win" situation.

- For everyone, this is a project that needs to be approved.

(+) William Fox

- He was born in the Bayview area.

- He started a company in the Bayview, which has been going strong for 15 years.

- There were a lot of promises made and he would like to see these promises take place.

- This project will benefit small businessmen like him.

ACTION: Approved

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

ABSENT: Hughes and Olague

EXCUSED: Bradford Bell

MOTION: 16899

25b. 2004.0882 EMZRU (D. ARGUMEDO (415-558-6284)

HUNTERS POINT SHIPYARD REDEVELOPMENT PLAN - Lot 10 in Assessor's Block 4591A - The Commission will consider a resolution to Adopt Proposed Amendments to the South Bayshore Area Plan and other elements of the General Plan under the provisions of Sections 340 and 306.3 (b)(3) of the Planning Code. The amendments are necessary to find in conformity the Redevelopment Plan for the Hunters Point Shipyard Redevelopment Project. The General Plan amendments include amendments to the Residence, Commerce and Industry, Recreation and Open Space, Transportation, Urban Design, Community Facilities, Community Safety, Arts, and Air Quality Elements of the General Plan, and the Land Use Index. The proposed amendments to the General Plan were initiated at a public hearing on October 21, 2004.

Preliminary Recommendation: Approve Draft Resolution.

(Continued from Regular Meeting of November 18, 2004)

SPEAKER(S): See Speakers for Item 25a.

ACTION: Approved

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

ABSENT: Hughes and Olague

EXCUSED: Bradford Bell

MOTION: 16900

25c. 2004.0882 EMZRU (D. ARGUMEDO (415-558-6284)

HUNTERS POINT SHIPYARD REDEVELOPMENT PLAN - Lot 10 in Assessor's Block 4591A - The Commission will consider a resolution to Adopt Proposed Amendments to the Planning Code (maps 9 and 9H of the Zoning Map) under the provision of Section 306.3(b)(2) of the Planning Code. The proposed amendments would revise Zoning Maps 9 and 9H to reference the Hunters Point Shipyard Redevelopment Plan as the document that will regulate the land use of the Hunters Point Shipyard Redevelopment Area. The proposed amendments to the Zoning Map were initiated by the Planning Commission at a public hearing on October 21, 2004.

Preliminary Recommendation: Approve Draft Resolution.

(Continued from Regular Meeting of November 18, 2004)

SPEAKER(S): See Speakers for Item 25a.

ACTION: Approved

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

ABSENT: Hughes and Olague

EXCUSED: Bradford Bell

MOTION: 16901

25d. 2004.0882 EMZRU (D. ARGUMEDO (415-558-6284)

HUNTERS POINT SHIPYARD REDEVELOPMENT PLAN - Lot 10 in Assessor's Block 4591A - The General Plan Referral includes General Plan conformity findings on (a) the Hunters Point Shipyard Redevelopment Plan, (b) vacation and sale of undeveloped public rights-of-way (paper streets) within the Hunters Point Redevelopment Project Area, and (c) a subdivision ordinance for the site. Individual subdivisions would be subject to separate General Plan referrals to the Planning Department, in the future.

Preliminary Recommendation: Approve Draft Resolution finding the Project (a, b, and c) in conformity with General Plan.

(Continued from Regular Meeting of November 18, 2004)

SPEAKER(S): See Speakers for Item 25a.

ACTION: Approved

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

ABSENT: Hughes and Olague

EXCUSED: Bradford Bell

MOTION: 16902

25e. 2004.0882 EMZRU (D. ARGUMEDO (415-558-6284)

HUNTERS POINT SHIPYARD REDEVELOPMENT PLAN - Lot 10 in Assessor's Block 4591A - Request for Adoption of a Motion authorizing the Planning Department to enter into an Inter Agency Cooperation Agreement with the San Francisco Redevelopment Agency and other City Departments to assist in reviewing permits, approvals and agreements within the Hunters Point Shipyard Redevelopment Area.

Preliminary Recommendation: Approve Draft Motion

(Continued from Regular Meeting of November 18, 2004)

SPEAKER(S): None

ACTION: Without hearing, item continued to December 9, 2004

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

ABSENT: Hughes and Olague

EXCUSED: Bradford Bell

F. 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:

THESE MINUTES ARE PROPOSED FOR ADOPTION AT THE REGULAR MEETING OF THE PLANNING COMMISSION ON THURSDAY, JANUARY 27, 2005.

SPEAKERS: None

ACTION: Approved

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

ABSENT: Bradford Bell