March 10, 2005

SAN FRANCISCO
PLANNING COMMISSION

Meeting Minutes

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

Thursday, March 10, 2005
1:30 PM

Regular Meeting

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

COMMISSIONERS ABSENT: Dwight Alexander, Shelley Bradford Bell and Kevin Hughes

THE MEETING WAS CALLED TO ORDER BY PRESIDENT SUE LEE AT 1:35 p.m.

STAFF IN ATTENDANCE: Dean Macris - Interim Director of Planning; Larry Badiner - Zoning Administrator; Kate Stacey - Deputy City Attorney; Craig Nikitas; Rick Crawford; Tina Tam; 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. 2004.0876C (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 six (6) antennas and related equipment cabinets on the roof of an existing 100-foot tall commercial structure, known as the Medical Arts Building, as part of AT&T'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. 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.

Preliminary Recommendation: Pending

(Continued from Regular Meeting of February 10, 2005)

(Proposed for Continuance to April 7, 2005) Indefinite Continuance

SPEAKER(S): None

ACTION: Without hearing, item continued indefinitely

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

ABSENT: Alexander, Bradford Bell, Hughes

B. COMMISSIONERS' QUESTIONS AND MATTERS

2. Consideration of Adoption - Draft Minutes of February 24, 2005.

SPEAKER(S): None

ACTION: Approved

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

ABSENT: Alexander, Bradford Bell, Hughes

3. Commission Comments/Questions

Commissioner S. Lee:

Re: Managing Calendar

- She would like a better understanding of how the calendars for the Planning Commission hearings could be better balanced.

Commissioner Antonini:

Re: Managing Calendar

- He agrees with Commissioner Sue Lee.

Zoning Administrator responded:

- In most cases, projects need to be noticed 30 days in advance before they are advertised on the calendars.

- Often, when a hearing date is closed because there are too many cases, some cases drop off for a variety of reasons, which could result in a very short calendar.

Commission Secretary responded:

- Also, when Commissioners continue items to other dates that could have already been closed because it was too full, often adds to the load of that hearing.

- It would always help if Commissioners could be prepared with their concerns and questions and ready to take an action [on the date the item is scheduled for hearing].

- Once she closes a hearing and cases drop off, because of noticing requirements, it is usually too late to add other cases-which could result in some light calendars like today.

Commissioner S. Lee:

Re: Managing Calendar

- Can some cases that don't require a 30-day notice be placed on shorter calendars?

Deputy City Attorney Kate Stacey responded:

- There is no advanced notice beyond the agenda that is required.

Zoning Administrator responded:

- The cases that don't require a notice can be placed on the calendar, but there might be certain parties that would appreciate a longer announcement period.

Commissioner Olague:

Re: Managing Calendar

- Is the backlog a result of the shorter calendars?

Zoning Administrator responded:

- On the most part the problem of backlog is the lack of staff.

- Over the past few months, there have been light calendars.

Commissioner W. Lee:

Re: Census

- Some time ago he asked for a briefing on the census.

- He requested that the Commission receive data regarding the language that is spoken in San Francisco. This ties into the City's request to access of records.

Zoning Administrator responded:

- He recalls receiving an email about this and will be responding to this request.

Commission Secretary:

- She reminded Commissioners that the Statement of Economic Interest is due April 1 and she will need their signed statements before this date.

- She thanked the commissioners who attended the training. The Commissioners that could not attend will receive a training video.

C. DIRECTOR'S REPORT

4. Director's Announcements

Re: Special Hearing on March 31, 2005

- Staff is preparing for a special hearing on this date to talk about the housing in downtown and who is occupying this.

- There is a list of very interesting speakers who will be giving presentations.

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

BOS -

- Michael Garcia was recommended to fill Commissioner Harrignton's seat at the Board of Appeals.

- He received a positive recommendation to the Board of Supervisors from the Rules Committee.

BOA -

Re: 1344 Bush Street - Regency Theatre

- He [the Zoning Administrator] had issued a determination a while back stating that an activity that wanted to move in seemed similar to an office. This decision was overruled. It was actually an art's activity.

- Ms. Sue Hestor requested that the Zoning Administrator request a rehearing and I have done so.

- There is no change in the project, just documenting of the office space that is in the building.

- The Board will take up this request on March 30, 2005.

Commissioner Olague:

Re: Health Impact Assessment

- She noticed in the advanced calendar this is to be heard on March 31, 2005.

Zoning Administrator responded:

- On the 31, 2005, the housing information will be first then at a time certain will be the Health Assessment.

Commissioner Olague:

- When the Commission hears reports about the Board of Supervisors, does the report include the Land Use Committee?

Zoning Administrator responded:

- Yes. The Land Use Committee did not meet this week.

- Next week, the Committee will discuss the inclusionary housing program along with the Mayor's Office of Housing.

Commissioner Antonini:

Re: March 31, 2005 Hearing

- It would be good to see exit interviews [from companies] who might have wanted to stay in San Francisco but couldn't.

Zoning Administrator responded:

- He has not been able to make contact with the Board of Appeal's President.

- He wanted time for the new member to be seated and address their backlog.

- He will then suggest a joint hearing. This might not take place for a month or more.

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.

Jeremy Paul

Re: 496 Fair Oaks Street

- His wife is in the hospital and he can't stay for the call of this item.

- A couple purchased this house.

- The unit downstairs was legalized for a very specific purpose.

- He is surprised that this did not show on the record and that it continued beyond the special purpose.

E. CONSENT CALENDAR

All matters listed hereunder constitute a Consent Calendar, are considered to be routine by the Planning Commission, and will be acted upon by a single roll call vote of the Commission. There will be no separate discussion of these items unless a member of the Commission, the public, or staff so requests, in which event the matter shall be removed from the Consent Calendar and considered as a separate item at this or a future hearing.

6. 2004.1169C (C. NIKITAS: (415) 558-6306)

1251 THOMAS AVENUE - west side between Ingalls and Hawes Streets, Lot 030, in Assessor's Block 4807 - Request for Conditional Use authorization to operate a fenced vehicle storage yard and towing business as defined in Sections 223(t) & (u), pursuant to Section 249.15(b)(2), located on a site in an M-1 (Light Industrial) Zoning District and the Restricted Light Industrial Special Use District and a 40-X Height and Bulk district.

Preliminary Recommendation: Approval with Conditions

(Continued from Regular Meeting of March 3, 2005)

SPEAKER(S): None

ACTION: Approved

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

ABSENT: Alexander, Bradford Bell, Hughes

MOTION: 16961

F. REGULAR CALENDAR

7. 2004.1268C (S. YOUNG: (415) 558-6346)

2118 UNION STREET - north side between Fillmore and Webster Streets; Lot 011 in Assessor's Block 0533 - Request for Conditional Use authorization under Sections 745.45 and 303 of the Planning Code to convert approximately 1,800 square feet of vacant commercial retail space located at the basement level of an existing two-story over basement commercial building, to a retail wine and gift store ("Wine Styles") in the Union Street Neighborhood Commercial District (NCD) and a 40-X Height and Bulk District. No exterior modifications will be made to the existing building envelope.

Preliminary Recommendation: Approval with Conditions

(Continued from Regular Meeting of February 24, 2005)

SPEAKER(S):

(+) Larry Paul

- He is available for questions.

- There is no intention to sell liquor.

- They will sell wine and gifts related to wine.

ACTION: Approved

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

ABSENT: Alexander, Bradford Bell, Hughes

MOTION: 16962

8. 2004.1323C (R. CRAWFORD: (415) 558-6358)

4022-26 24^TH STREET - north side between Noe and Castro Streets Assessor's Block 3656 Lot 010 - Request for Conditional Use authorization under Planning Code Section 161.(j) for to develop two (2) dwelling units in an existing building without two (2) new off street parking spaces. The Project will add two new dwelling units to an existing building that now contains two dwelling units and ground floor commercial. This project lies within the 24th Street Noe Neighborhood Commercial District and within the 40-X Height and Bulk District.

Preliminary Recommendation: Approval with Conditions.

SPEAKER(S): None

ACTION: Approved with the following revised finding: Page 4, Item 6, Section C should read: The Project will add two small housing units to the City's housing stock.

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

ABSENT: Alexander, Bradford Bell, Hughes

MOTION: 16963

9. 2004.1158D (B. FU: (415) 558-6613)

877 CAROLINA STREET - east side between 20^th and 22^nd Streets; Lot 026 in Assessor's Block 4097 - Request for Discretionary Review of Building Permit Application No. 2004.07.16.9070 proposing to construct an one-story vertical addition to the existing one-story over garage single-family dwelling, within a RH-2 (Residential House, Two-family) District and a 40-X Height and Bulk District.

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

(Continued from Regular Meeting of February 24, 2005)

SPEAKER(S): None

ACTION: Without hearing, item continued to April 7, 2005

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

ABSENT: Alexander, Bradford Bell, Hughes

10. 2004.0893DV (T. TAM: (415) 558-6325)

1223 BOSWORTH STREET - south side between Congo Street and O'Shaughnessy Boulevard, Lot 33A in Block 6706 - Request for Discretionary Review for Building Permit Application 2004.11.04.8581 to construct a new three-story-over-garage, single-family dwelling unit on a substandard size lot measuring 25 feet in width by 42 feet in length. The subject property is located 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.

SPEAKER(S):

(-) James Sanguinetti - Discretionary Review Requestor

- He and his family have lived in the house since 2002.

- The house is very small.

- He is a third generation San Franciscan and plans to live there for many years.

- The house does not have a garage.

- He objects to the house because the new four-story construction does not comply with the Planning Code or the area. He is very concerned with the height of the structure.

- His light and privacy will be severely impacted.

(-) Fran Olistad

- The overall building size and scale is another objection that she has with this project.

- She displayed a block and lot map of the street showing how the lot size is very small.

- She is asking that the 4^th story be removed.

- Her house will be completely closed off because of this project.

(+) Steven Morgan - Project Architect and Owner

- The building is falling apart and he will be renovating it.

- He will be adding more rooms to the building.

- The site is up slopping and this is a challenger for him.

- The height portion of the house will be set back.

- The height has been lowered at the recommendation of the Zoning Administrator.

- To reduce 1 foot from the height would require the reconfiguration of the structure.

- He feels that what he is asking for is minimal considering the various constraints of the project.

MOTION: To take Discretionary Review and approve the project

AYES: Antonini and W. Lee

NAYES: S. Lee and Olague

ABSENT: Alexander, Bradford Bell, Hughes

RESULT: Motion failed.

ACTION: Hearing Held. Public hearing closed. Item continued to April 7, 2005 to allow the absent Commissioners the ability to participate in final action.

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

ABSENT: Alexander, Bradford Bell, Hughes

11. 2004.1109D (D. JONES: (415) 558-6477)

496 FAIR OAKS STREET - northwest corner of Fair Oaks and 26^th Streets, Lot 15 in Assessor's Block 6534 - Mandatory Discretionary Review, under Planning Commission policy requiring review of all dwelling unit mergers, of Permit Application No. 2004.09.17.4457; proposing to merge three dwelling units to two dwelling units in an RH-3 (Residential, House, Three-Family) District and a 40-X Height and Bulk District.

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

SPEAKER(S): None

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

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

ABSENT: Alexander, Bradford Bell, Hughes

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))

Commission Secretary

- She read a letter from Ms. Lisa Charbonae regarding her being concerned that the Planning Commission meetings are no longer broadcasted on Television.

Commission Secretary responded:

- Although the Commission hearing is being recorded at the time we meet, one of the Board of Supervisor's committee meetings is also being recorded and broadcast [shown on television] on Thursday's at 1:00 p.m. Because of this we are pre-empted. The recording of our hearing is not broadcast until Thursday evenings and re-shown again over the weekend. [After this statement was made, SFGOV TV called and informed us that we are not broadcast on television Thursday evenings. We are broadcast on Friday evenings at 8:00 p.m. and again over the weekend.]

Adjournment: 3:34 p.m.

THESE MINUTES ARE PROPOSED FOR ADOPTION AT THE REGULAR MEETING OF THE PLANNING COMMISSION ON THURSDAY, MARCH 24, 2005.

SPEAKERS: None

ACTION: Approved

AYES: Antonini, S. Lee, W. Lee

ABSENT: Alexander and Olague

EXCUSED: Hughes and Bradford Bell