April 28, 2005

SAN FRANCISCO
PLANNING COMMISSION

Meeting Minutes

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

Thursday, April 28, 2005
1:30 PM

Regular Meeting

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

COMMISSIONERS ABSENT: Shelley Bradford Bell

THE MEETING WAS CALLED TO ORDER BY PRESIDENT SUE LEE AT 1:45 p.m.

STAFF IN ATTENDANCE: Dean Macris - Interim Director of Planning; Larry Badiner - Zoning Administrator; Judy Boyajian - Deputy City Attorney; Amit Ghosh; Michael Li; Sara Vellve; Jonas Ionin; Rick Cooper; Marshall Foster; 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. 2005.01947T (P. LORD: (415) 558-6311)

MASSAGE ESTABLISHMENT DEFINITION AS PER HEALTH CODE AND REQUIREMENTS FOR CONDITIONAL USE AUTHORIZATION - Consideration of an Ordinance amending San Francisco Planning Code Sections 218.1, 710.54, 711.54, 712.54, 713.54, 716.54, 717.54, 718.54, 719.54, 720.54, 721.54, 722.54, 723.54, 724.54, 725.54, 726.54, 727.54, 728.54, 729.54, 730.54, 810.54, 811.54, 812.54, 790.60 and 890.60 to define massage establishments per Section 1900 of the Health Code, to provide that all massage establishments shall be permitted as conditional uses, to provide that non-incidental massage establishments must first obtain all required permits from the Health Department before seeking a conditional use permit, and making findings of consistency with the priority policies of Planning Code Section 101.1 and the General Plan.

(Proposed for Continuance to May 5, 2005)

SPEAKER(S): None

ACTION: Without hearing, item continued to May 5, 2005

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

ABSENT: Bradford Bell

2. 2000.1081EMTZ (R. COOPER: (415) 558-5974)

RINCON HILL PLAN - Certification of Environmental Impact Report. The proposed project is a revised Rincon Hill Plan (an Area Plan of the San Francisco General Plan) and revised planning controls for the Rincon Hill area. The San Francisco Planning Department proposes to replace the Planning Code's existing Rincon Hill Special Use District (SUD), as set out in Planning Code Section 249.1, with a new Rincon Hill Downtown Residential Mixed Use District (DTR), which would increase height limits, revise the "R" bulk district, amend the Rincon Hill Area Plan, and make other General Plan and zoning changes intended to stimulate additional high-density, residential development in the Rincon Hill area. Improvements to the streetscape, transportation system and open space would result from implementation of the new Plan. Rincon Hill is in the northeast section of San Francisco, south of the Financial District and Transbay Terminal, and north of the South Beach neighborhood. The project area is bounded generally by Folsom Street, Steuart Street, The Embarcadero, Bryant Street, the Bay Bridge approach and the Transbay Terminal ramps and encompasses about 12 city blocks.

NOTE: The public hearing on the Draft EIR is closed. The public comment period for the Draft EIR ended on December 10, 2004. The Planning Commission does not conduct public review of Final EIRs. Public comments on the certification may be presented to the Planning Commission during the Public Comment portion of the Commission calendar.

(Proposed for Continuance to May 5, 2005)

SPEAKER(S): None

ACTION: Without hearing, item continued to May 5, 2005

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

ABSENT: Bradford Bell and Hughes

3. 2004.0487C (W. HASTIE: (415) 558-6381)

179 SAN CARLOS STREET - east side, between 18^th and 19^th Streets, Lot 23 in Assessor's Block 3589 - Request for Conditional Use Authorization for the construction of a new three-unit building over 40 feet in height, per Code Section 253. The property is located within an RH-3 (House, Three-Family) District with a 50-X Height and Bulk limit. The proposal is to construct a new three-unit building on a vacant lot with three off-street parking spaces at the ground level.

Preliminary Recommendation: Approval with Conditions

(Proposed for Continuance to May 19, 2005)

SPEAKER(S): None

ACTION: Without hearing, item continued to May 19, 2005

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

ABSENT: Bradford Bell

4. 2004.0076C: (B. FU: (415) 558-6613)

1350 NATOMA STREET - west side, between 14^th and 15^th Streets, Lot 089 in Assessor's Block 3548 - Request for Conditional Use authorization pursuant to Planning Code Sections 215 and 303 to allow the construction of 8 residential dwelling units in a C-M (Heavy Commercial) District with a 50-X Height and Bulk Designation, and in a Housing/Mixed overlay as designated by Planning Commission Resolution No. 16727. The proposal is to demolish the existing industrial building and construct 8 dwelling units within a new four-story over ground floor parking garage building containing a total of 8 off-street parking spaces.

Preliminary Recommendation: Pending

(Proposed for Continuance to May 19, 2005)

SPEAKER(S): None

ACTION: Without hearing, item continued to May 19, 2005

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

ABSENT: Bradford Bell

5. 2003.0869E (J. NAVARRETE: (415) 558-5975)

88 FIFTH STREET - THE OLD U.S. MINT - Appeal of Preliminary Mitigated Negative Declaration - The proposed project is the rehabilitation plus seismic upgrade and addition to the United States Old Mint located at 88 Fifth Street in downtown San Francisco (Assessor's Block 3704, Lot 11). The existing three-story plus an occupied attic 99,921-gross-square-foot (gsf) building would be retained, and the first floor courtyard enclosed in 1973 for offices would be removed, (a deduction of 4,336 gsf), and additional circulation bridges, stairs and an elevator (addition of 2,642 gsf) would be added within the existing 4-story courtyard. The existing attic would be expanded on the roof along the south side of the courtyard to create a museum gallery (an addition of 1,554 gsf) with a view of the city skyline to the south. The courtyard removal and additions of bridges and roof gallery would result in an overall reduction of gsf, for a total floor area of 99,788 gsf. The building would include 79,957 square feet if usable space total including: 36,326 sf of City History Museum space, 2,082 sf of Museum office space, 2,045 sf of museum back of house space, 2,044 sf of museum retail, and 3,336 sf of museum theater space. Tenants in the building would be the 8,153 sf Gold Rush and Money Museum, 2,492 sf of small retail lease spaces, and 6,360 gsf of restaurant space and cafe. 3,987 sf would be used for the San Francisco Visitor Center, and the remaining 11,108 sf would be circulation, toilets and support spaces ancillary to the museum use. The project would include closure of Jessie Street to vehicles, between Mint and Fifth Streets, to be used for outdoor restaurant seating. The project site is approximately 47,515 sq. ft., is zoned P (Public) within a 90-X height and bulk district, and within the Mid-Market St. Revitalization and Conservation District. Transaction document approvals would be required from the Board of Supervisors, and a Certificate of Appropriateness would be required by the Landmarks Preservation Advisory Board.

Preliminary Recommendation: Uphold Mitigated Negative Declaration

(Continued from Regular Meeting of April 7, 2005)

(Proposed for Continuance to May 19, 2005)

SPEAKER(S): None

ACTION: Without hearing, item continued to May 19, 2005

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

ABSENT: Bradford Bell

6. 2004.1078D (J. PURVIS: (415) 558-6354)

2417 BRYANT STREET - east side south of 22nd Street; Lot 023 in Assessor's Block 4151 - Request for Discretionary Review of Building Permit Application No. 2004.02.27.7308 proposing the addition of two full floors for two additional dwelling units to an existing single-family dwelling in an RM-1 (Residential, Mixed, Low-Density) Use District, and a 40-X Height and Bulk District.

Preliminary Recommendation: Pending

(Proposed for Continuance to June 9, 2005)

SPEAKER(S): None

ACTION: Without hearing, item continued to June 9, 2005

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

ABSENT: Bradford Bell

B. COMMISSIONERS' QUESTIONS AND MATTERS

7. Consideration of Adoption - Draft Minutes of March 31 and April 7, 2005.

Minutes of March 31, 2005

SPEAKER(S): None

ACTION: Continued to May 5, 2005

Minutes of April 7, 2005

SPEAKER(S): None

ACTION: Approved

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

ABSENT: Bradford Bell

8. Commission Comments/Questions

Commissioner Antonini:

Re: Demolition Policy

- It would be relevant to have this item on the calendar in the near future.

- Perhaps it could be refined a little bit.

Zoning Administrator Badiner responded:

- It would be a good idea to discuss the demolition and unit merger policies since they have never been looked at together.

- He recommends that this be scheduled after the joint hearing with the Board of Appeals, which is scheduled on June 15, 2005. Perhaps we can calendar this the first week of July.

Re: Number of Public Housing Units

- He had made a request of staff to contact he Mayor's Office of Housing to receive information on this topic.

C. DIRECTOR'S REPORT

9. Director's Announcements

Zoning Administrator Badiner reported:

- On Monday, Alicia John-Baptiste and Director Macris reported to the SF STAT group the following:

- Director Macris gave an overview of the recent progress of the department.

- He laid out the areas of highest priority and one of those is the backlog.

- This year there are more applications than last, which contributes to the backlog.

- The applications require more extensive review.

- The plan to address the backlog is to bring aboard more employees, revising fee structures, etc.

- Director Macris laid out what is going on with the long range planning initiatives.

- It was a very positive presentation.

Commissioner Antonini:

- Did any of the information compare with other cities?

Zoning Administrator responded:

- Since this is not a scheduled item, there can be no dialogue but it can be scheduled either next week or the following.

- He recommended that the Commission email questions in order to be better prepared.

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

BOS -

Re: Government Relations Committee

- The Board and the Mayor put a moratorium on medical cannabis dispensaries.

- This is part of state law.

- The Planning Department was instructed to report back within 25 days of actions that had been taken to address the concerns.

- One of the things found is that there are about 39 medical cannabis dispensaries in San Francisco. There are about 5 that are delivery only.

- Everybody agreed at the hearing that this is a necessary service that needs some controls.

- A few years ago there were only about 20. Recently there have been a lot more issues to deal with.

- The Mayor requested that some conditions be placed on these dispensaries.

- This discussion will continue and he assumes that there will be more conditions placed.

Re: Sutro Tower

- A categorical exemption was filed and was upheld. So the Discretionary Reviews that had been requested will be rescheduled.

Commissioner Antonini:

- Will the Commission be notified on what process the medical cannabis will take?

Zoning Administrator responded:

- The legislation will come to the Commission as usual.

Commissioner Olague:

- Will the Commission get any information on Supervisor Daly's comments on Rincon Hill?

Zoning Administrator responded:

- He does not know what information Supervisor Daly's has. When it is presented at the Board perhaps that is when his comments can be discussed.

Commissioner W. Lee:

- Are the medical cannabis dispensaries required to get EIR's?

Zoning Administrator responded:

No, they are not required to do anything related to environmental review.

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.

None

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.

11. 2005.0092C (K. McGEE: (415) 558-6367)

465 WOOLSEY STREET - northwest corner of Woolsey and Goettingen Streets; Lots 15/16 in Assessor's Block 6118 - Request for Conditional Use Authorization to add a childcare facility for up to 39 children in an existing church, Grace Lutheran Church, in an RH-1 (Residential, House, One Family) Zoning District and in a 40-X Height and Bulk District, per Planning Code Section 209.3(f).

Preliminary Recommendation: Approval with Conditions

(Continued from Regular Meeting of March 24, 2005)

SPEAKER(S): None

ACTION: Approved

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

ABSENT: Bradford Bell

MOTION: 16995

F. REGULAR CALENDAR

12. 2005.0096C (J. MILLER: (415) 558-6344)

1160 MISSION STREET - north side between Seventh and Eighth Streets, with additional frontage on Stevenson Street, Lots 37, 38 and 56 in Assessor's Block 3702 - Request for Conditional Use authorization to permit additional building square footage above the base floor area ratio of 6.0 to 1 for space devoted to affordable housing units (Planning Code Section 124(f)), in conjunction with construction of a previously approved new, 23-story residential building, in a C-3-G (Downtown General Commercial) District and in 150-S and 240-S Height and Bulk Districts.

Preliminary Recommendation: Approval with conditions

(Continued from Regular Meeting of April 7, 2005)

SPEAKER(S): None

ACTION: Approved with Conditions as Modified: Conditions of Approval, Exhibit A, Item 3 shall be modified as follows: All Conditions of Approval required by the previous approval given by the Planning Commission in Motion No. 16693 shall still apply to this project approval.

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

ABSENT: Bradford Bell

MOTION: 16996

13. 2004.0296EKX (M. LI: (415) 558-6396)

631 FOLSOM STREET - south side between 2^nd and Hawthorne Streets; Lot 090 in Assessor's Block 3750 - Request under Planning Code Section 309 for a Determination of Compliance and Request for Exceptions. The proposal is to construct a 21-story, 209-foot-high building containing up to 120 dwelling units and a garage with up to 64 parking spaces (36 independently accessible and 28 tandem). The project requires rear yard, wind, height, and bulk exceptions. The project site lies within the C-3-S (Downtown Support) District and a 200-S Height and Bulk District.

Preliminary Recommendation: Approval with condition

(Continued from Regular Meeting of April 21, 2005)

SPEAKER(S):

(+) Glemor Sabold - Project Architect

- They have worked very hard with the Department and with the neighbors to design a project that everyone would agree with.

- He displayed renderings and floor plans of the project--giving an architectural overview of the project.

(+/-) Ed Townsev - Homeowners of 77 Gouv Place

- He agrees with the project but has some issues with the parking and loading dock.

(+/-) Eric Freights

- He lives and works in the neighborhood.

- He agrees with the City's policy of transit first.

- There are no parking spaces in the area.

- He encouraged the Commission to encourage the 1 for 1 parking policy.

(+) Alice Barkley - Attorney for Project Sponsor

- Folsom Street should be deleted as a location for loading and unloading. It is a very busy street.

- The conditions of approval need to be revised.

- There will be two private car share cars.

- There are an inadequate number of parking spaces.

(+) Joe O'Donoghue

- He supports the project and Ms. Berkley's comments.

(+/-) Jonathan Aspec

- Parking spaces are disappearing during rush hour.

- He supports additional parking spaces as well as the project.

(+) Mike Lewis

- He lives on Bryant Street.

- He supports additional parking.

ACTION: Approved with modified conditions: 1) Delivery/moving trucks utilizing the Dow Place dock shall not block any portion of Dow place at any time; 2) In order to accommodate delivery/moving trucks exceeding 35 feet in length, the Project Sponsor shall require the responsible party, whether it is the homeowners' association or the delivery/moving company, or the homeowner/resident to contact the appropriate City agency (currently the Police Department) and apply for temporary delivery/loading permits on 2^nd or Hawthorne Streets. Arrangements with the Police Department must be made at least 5 days in advance of any scheduled deliveries or loading activities.

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

ABSENT: Bradford Bell

MOTION: 16997

14a. 2004.1342EXV (M. LI: (415) 558-6396)

693 SUTTER - southeast corner at Taylor Street; Lot 009 in Assessor's Block 0297 - Request for a Determination of Compliance under Planning Code Section 309 and Request for Exceptions including an exception to the rear yard requirements as permitted in Section 134(d). The proposal is to convert approximately 7,000 square feet of office space on the fifth and sixth floors of the existing building to six dwelling units. Previously, Section 309 approval was granted for the conversion of the mezzanine and the second through fourth floors from office space to 10 dwelling units. Approval of the current proposal would result in a total of 16 dwelling units, including two BMR units. There will be no physical expansion of the existing building. The project site lies within a C-3-G (Downtown General Commercial) District and an 80-130-F Height and Bulk District. The Zoning Administrator will hold a simultaneous hearing to consider a request for an off-street parking variance.

Preliminary Recommendation: Approval with Conditions

(Continued from Regular Meeting of April 14, 2005)

SPEAKER(S):

(+) Simon Kwan - Project Architect

- The 5^th and 6^th Floor will be dedicated to housing.

- One bedroom on the 2^nd floor facing Sutter Street will be the BMR unit.

- He displayed a floor plan of the BMR unit.

ACTION: Hearing Held. Item continued to May 12, 2005. The Public Hearing Remains Open.

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

ABSENT: Bradford Bell

14b. 2004.1342EXV (M. LI: (415) 558-6396)

693 SUTTER - southeast corner at Taylor Street; Lot 009 in Assessor's Block 0297 - Off-street parking variance sought. The proposal is to convert approximately 7,000 square feet of office space on the fifth and sixth floors of the existing building to six dwelling units. There will be no physical expansion of the existing building. The project site lies within a C-3-G (Downtown General Commercial) District and an 80-130-F Height and Bulk District. The parking requirement for the proposed project is two spaces, and the project is proposing zero spaces. The application for variance will be considered by the Zoning Administrator.

(Continued from Regular Meeting of April 14, 2005)

SPEAKER(S): Same as those listed for Item 14a.

ACTION: Zoning Administrator Closed the Public Hearing and Continued the Item to May 12, 2005.

15. 2005.0068D (S. VELLVE: (415) 558-6263)

4967-4969 - 17^TH STREET - south side between Stanyan and Shrader Streets; Lot 059 in Assessor's Block 1289 - Mandatory Discretionary Review, under the Planning Commission's policy requiring review of dwelling unit mergers, of Building Permit Application 2004.11.03.8481 proposing to legalize the merger of two dwelling units into one dwelling unit within a two-unit building in an RH-2 (House, Two-Family) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Take Discretionary Review and disapprove the permit.

NOTE: On April 21, 2005, following public testimony, the Commission closed the public hearing and entertained a motion to not take Discretionary Review and approve the project. The motion failed with a +3-2 vote (Commissioners Hughes and Olague voted no and Commissioners Alexander and Bradford Bell were absent). Subsequently, the matter was continued to April 28, 2005 by a +5-0 vote (Commissioners Alexander and Bradford Bell were absent. Public comment will remain open only to address any new or modified information or material.

SPEAKER(S): None

MOTION No. 1: Hearing Held. Continue to May 5, 2005.

AYES: Alexander and Hughes,

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

ABSENT: Bradford Bell

RESULT: Motion Failed

MOTION No. 2: Take Discretionary Review and Disapprove Merger

AYES: Alexander, Hughes, Olague

NAYES: Antonini, S. Lee, W. Lee

ABSENT: Bradford Bell

RESULT: Motion Failed

ACTION: Hearing Held. Public hearing closed. Item continued to May 5, 2005 to allow the absent commissioner the opportunity to participate.

AYES: Alexander, Hughes, Olague

NAYES: Antonini, S. Lee, W. Lee

ABSENT: Bradford Bell

16. 2005.0226DDDD (S. VELLVE: (415) 558-6263)

60 CLARENDON AVENUE - north side between the Stanyan Street right-of-way and Twin Peaks Boulevard; Lot 023 in Assessor's Block 2688 - Requests for Discretionary Review and staff-initiated Discretionary Review of Building Permit Application No. 2004.04.22.2053 proposing to construct a new single-family dwelling on a steeply down-sloping vacant lot. The house would be two stories at the street frontage and five stories at the rear in an RH-1(D) (House, One-Family (Detached Dwelling)) District and 40-X Height and Bulk District.

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

(Continued from Regular Meeting of April 14, 2005)

SPEAKER(S):

(-) David Levy - Representing 1^st Discretionary Review Requestor

- They appreciate the changes that the project sponsor has agreed to.

- They appreciate the fact that the project sponsor put up story poles, although some of the story poles were not accurate.

- This project should receive substantial modifications. The size of the property is too large and it does not comply with the Residential Design Guidelines. It does not meet the requirements of the Planning Code. The building does not step down the hill; it would diminish light and air; etc.

- They request that the Commission take Discretionary Review and either deny the project or request modifications so that the project complies with the Residential Design Guidelines.

(-) Katherine Woof - 2^nd Discretionary Review Requestor

- She reviewed the changes to the existing plans and is in accordance with [most] of it. She still wants five feet to be removed from each level.

(-) Mr. Zeneli - 3^rd Discretionary Review Requestor

- He knew that there were two legal easements recorded.

- The proposed building will put his house into a tunnel like situation.

(-) Arnold Rockford

- He lives on Clarendon Street.

- His main issues are the height and bulk of the building.

(-) Lawrence Ruff

- He is concerned about this project because the scope and scale is not compatible with the neighborhood.

- He is concerned with the diminished light and air and how that will affect him.

- The project sponsor should further reduce the height of the building.

(-) Richard Margaise

- He is opposed to the project because it is a "monster" home and is out of character with the neighborhood.

- He is surprised that the Planning Department would consider a plan that violates easements.

(+) Jim Reuben - Reuben and Junius

- This is a completely code compliant project.

- There are no exceptional or extraordinary circumstances here.

- The lot is very small and extremely slopes down hill. It is difficult to have enough space on each floor.

- There have been a lot of discussions and negotiations.

(+) (did not state name)

- He has known the project sponsor for many years.

- The project will provide much-need housing for the City.

- The project sponsor is a great builder.

- There have been several changes to the plans since the project sponsor met with several of the neighbors.

(+) Mark McCoin

- He agrees with the previous speaker.

- When the neighbors see what type of quality building this will be, they will agree with the project.

(+) Lou Barberini

- The project will fit into the neighborhood and actually enhance it.

(+) (did not state name)

- The project sponsor has helped him with many projects and is not a liar either.

(+) Lou Balance

- The work that the project sponsor does is excellent craftsmanship.

- The project on Clarendon will be quality craftsmanship as well.

(+) Brian McGee

- The project sponsor is constructing a code-compliant building.

- The Commission should consider that the project sponsor has come a long way.

(+) Greg Clark

- He is a fourth-generation San Franciscan.

- He looked at the legal documents regarding the easement and he did not understand it.

- This project will be a hope that a family can live in.

- It is not right to limit a person to provide space to live in instead of living in boxes.

ACTION: Took Discretionary Review and approved the project per staff recommendations: Require a three foot setback at each floor; a three foot side setback at lower crawl space, remove stair penthouse and provide a hatch.

AYES: Alexander, Antonini, Hughes, W. Lee

NAYES: S. Lee and Olague

ABSENT: Bradford Bell

17. 2005.0262D (J. IONIN: (415) 558-6309)

22 JORDAN AVENUE - east side between California and Euclid Streets; Lot 035 in Assessor's Block 1038 - Request for Discretionary Review of Permit Application No. 2004.09.01.3170, proposing to construct rear additions to the existing single-family dwelling at the first and third levels. The ground floor rear addition would extend the rear building wall approximately six feet and the third floor rear addition would extend the third level rear building wall approximately 13 feet 6 inches. Both additions would be set back three feet from the north side property line in an RH-1(D) (Single-family Residential, Detached) District and a 40-X Height and Bulk District.

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

SPEAKER(S):

(-) Jeremy Paul - Representing Discretionary Review Requestor

- He does not agree with staff's report.

- The proposal is not code compliant and requires multiple variances.

- The site conditions are not discussed in the project report.

- Lot coverage is made irrelevant; therefore, plans are inaccurate and misleading.

(-) Sara Estroquen

- It is an unfortunate beginning for a neighbor-to-neighbor relationship.

- The proposed expansion would detract form the character of the neighborhood.

- The area of their home where they spend the most time is the one that will be most affected by the proposed construction.

(+) Nigel Burns - Project Sponsor

- He wants to do a very modest project.

- He would like to construct a master bath and a kitchen on the ground floor.

- The concerns of the Discretionary Review requestor are of air and light and the suggestions by staff would decrease that impact.

(+) Sherril Cooper Burns

- She and her husband were delighted to find this house.

- They have small children and having more space will allow them to live there for many years.

- Her mom and her husband's parents will be staying with them for extended periods of time.

ACTION: Take Discretionary Review and approve with modifications by flipping the third floor horizontal addition and deck from the north side of the single-family residence to the south side and vice versa.

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

ABSENT: Bradford Bell

18. 2004.1310DD (G. NELSON: (415) 558-6257)

1260 FUNSTON AVENUE (AKA 13TH AVENUE) - east side between Lincoln Way and Irving Street; Lot 031 in Assessor's Block 1738 - Requests for Discretionary Review of Building Permit Application No. 2004.09.27.5238 proposing to construct a three-story addition at the rear of a two-story single-family dwelling in an RH-2 (Residential, House, Two-Family) District, and a 40-X Height and Bulk District.

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

SPEAKER(S): None

ACTION: Without hearing, item continued to May 12, 2005

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

ABSENT: Bradford Bell

19a. 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: Do not take Discretionary Review and approve the demolition.

SPEAKER(S): None

ACTION: Without hearing, item continued to June 2, 2005

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

ABSENT: Bradford Bell

19b. 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: Do not take Discretionary Review and approve the project.

SPEAKER(S): None

ACTION: Without hearing, item continued to June 2, 2005

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

ABSENT: Bradford Bell

5:30 P.M. 6:15 p.m.

PLEASE NOTE: Regarding the following Rincon Hill Plan items - On April 21, 2005, following public testimony, the Commission closed the public hearing and passed a motion to continue these items for one week (to April 28, 2005) to engage in continued Commission deliberations with the stipulation that there would be no Commission action at that time. The items would then be continued at least one more week (to May 5, 2005) for possible Commission action.

20a. 2000.1081EMTZ (R. COOPER: (415) 558-5974)

RINCON HILL PLAN - Assessor's Blocks 3744, 3745, 3746, 3747, 3748, 3749 (excluding lots 052, 061, 062, and 064), 3766 (excluding lots 018 and 019), 3767, 3768, and 3769. The Commission will consider a resolution to Adopt CEQA Findings regarding General Plan Amendments and Planning Code and Zoning Map Amendments pursuant to adoption of the Rincon Hill Area Plan.

Preliminary Recommendation: Approve Draft Resolution

(Continued from Regular Meeting of April 21, 2005)

NOTE: See Above

SPEAKER(S):

Sue Hestor

- Regarding the proposed language on the construction progress requirement: this is a dilemma the Commission always faces.

- She suggested that the Commission require automatic calendaring in two years of any case that has a time limit. Otherwise it never gets calendared and can never be revoked because it is not on the calendar. This is a frequent problem with conditional uses.

- Regarding the housing needs: She is continually troubled by the failure to break out above moderate.

- The poblem is that the Commission does not have very good information even when the sales prices information is readily available.

- One can get it at the Assessor's office. A planner can get it there as well.

- Also, there should be no in lieu fee. The in lieu fee in the code is based on things all over the city. All of these units are going to be way high-end compared to the rest of the city.

Chris Durazo - SOMECAN

- She thinks that it would be wonderful to have fees for luxury units.

- People cannot go from rental housing to these luxury units.

- She is concerned about the new affordable construction type.

- There should be an advocate for the South of Market. It is important to have family housing.

Reed Diment - Rincon Hill Homeowner's Association

- The Commission should consider Inclusionary housing in each project. This would involve the Commission's participation and look at this project-by-project.

- The money raised should be for Rincon Hill exclusively.

Steve Vettel - Morrison and Forrester

- Regarding the Meloroose District - it should not be the cause of the delay of this project.

- The language should stay the same as currently drafted.

Lou Blazej

- He echoed Steve Vettel's comments.

- There is a notion to amend Section 315 to function on a square footage basis at a residential level.

Azalia Merrill

- Laborers make about 50 percent of the median income.

- She appreciates Commissioners comments regarding affordability.

- She agrees with "grandfathering" the 375 Fremont Street project because it will provide 50 to 80% of affordability.

ACTION: Meeting Held. No Action Today.

20b. 2000.1081EMTZ (M. FOSTER (415) 558-6362)

RINCON HILL PLAN - Assessor's Blocks 3744, 3745, 3746, 3747, 3748, 3749 (excluding lots 052, 061, 062, and 064), 3766 (excluding lots 018 and 019), 3767, 3768, and 3769. The Commission will consider a resolution to Adopt Proposed Amendments to the Rincon Hill Area Plan and other elements of the General Plan (Revising the Rincon Hill Area Plan and amending the Urban Design and Recreation and Open Space

Elements, the Downtown and South of Market Area Plans, and the Land Use Index) pursuant to the Rincon Hill Plan.

Preliminary Recommendation: Approve Draft Resolution

(Continued from Regular Meeting of April 21, 2005)

NOTE: See Note above

SPEAKER(S): Same as those listed for item 20a.

ACTION: Meeting Held. No Action Today.

20c. 2000.1081EMTZ (M. FOSTER (415) 558-6362)

RINCON HILL PLAN - Assessor's Blocks 3744, 3745, 3746, 3747, 3748, 3749 (excluding lots 052, 061, 062, and 064), 3766 (excluding lots 018 and 019), 3767, 3768, and 3769. The Commission will consider a resolution to Adopt Proposed Amendments to the Planning Code (Adding Sections 145.4, 166, 167, 175.7, 309.1, and 827, and amending Sections 102.5, 135, 141, 151, 152, 153, 154, 155, 182, 201, 207.5, 209, 249.1, 260, 270, 603, 608.13, 802.1, 803, 809). Proposed amendments will establish the Rincon Hill Downtown Residential District and make related text changes pursuant to the Rincon Hill Plan.

Preliminary Recommendation: Approve Draft Resolution

(Continued from Regular Meeting of April 21, 2005)

NOTE: See Note above

SPEAKER(S): Same as those listed for item 20a.

ACTION: Meeting Held. No Action Today.

20d. 2000.1081EMTZ (M. FOSTER (415) 558-6362)

RINCON HILL PLAN - Assessor's Blocks 3744, 3745, 3746, 3747, 3748, 3749 (excluding lots 052, 061, 062, and 064), 3766 (excluding lots 018 and 019), 3767, 3768, and 3769. The Commission will consider a resolution to Adopt Proposed Amendments to the Zoning Map (Amending Maps 1,1H, and 1SU). Proposed amendments will establish the Rincon Hill Downtown Residential Mixed-Use ("DTR") District, revise height and bulk districts in the area, and revise the boundaries of the existing "Rincon Hill Residential/Commercial Special Use District" and rename it the "Folsom and Main Residential/Commercial Special Use District" pursuant to the Rincon Hill Plan.

Preliminary Recommendation: Approve Draft Resolution

(Continued from Regular Meeting of April 21, 2005)

NOTE: See Note above

SPEAKER(S): Same as those listed for item 20a.

ACTION: Meeting Held. No Action Today.

20e. 2000.1081EMTZ (M. FOSTER (415) 558-6362)

RINCON HILL PLAN - Assessor's Blocks 3744, 3745, 3746, 3747, 3748, 3749 (excluding lots 052, 061, 062, and 064), 3766 (excluding lots 018 and 019), 3767, 3768, and 3769. The Commission will consider a resolution to Adopt Proposed Amendments to the Planning Code (Adding Section 318). Proposed amendments will establish "Community Improvements Funds" and "Community Improvement Impact Fees" in Downtown Residential Districts, and a specific Rincon Hill Community Improvements Fund and Community Improvement Impact Fee pursuant to the Rincon Hill Plan.

Preliminary Recommendation: Approve Draft Resolution

(Continued from Regular Meeting of April 21, 2005)

NOTE: See Note above

SPEAKER(S): Same as those listed for item 20a.

ACTION: Meeting Held. No Action Today.

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))

SPEAKER(S):

Ada Chan

Re: More affordable rental housing

- How is Planning going to get more affordable rental housing?

- As the Planning Commission starts to look at strategies, she would ask that you direct staff to look at how they can promote the development of rental housing by the private market.

Eva Edelson

Re: Project by her neighbor

- She lives in a home that her family has owned for 25 years.

- Her neighbor is planning to build a duplex that will completely box her in.

- Her neighbor's application for a Variance has misinformation.

- She also has an issue regarding parking.

Dean Macris responded:

- He asked that she call him so he can direct her to the appropriate person.

David Levy - Morrison and Forrester

Re: Scheduling - 1420 Haight Street

- He was just hired yesterday to represent individuals on this project.

- He is asking that this case be scheduled at a future hearing.

- He was just made available to some information that the Commission was not aware of.

Adjournment: 8:48 p.m.

THESE MINUTES ARE PROPOSED FOR ADOPTION AT THE REGULAR MEETING OF THE PLANNING COMMISSION ON THURSDAY, MAY 26, 2005.

SPEAKERS: None

ACTION: Approved

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

EXCUSED: Bradford Bell