San Francisco Planning Department : December 15, 2005

December 15, 2005

SAN FRANCISCO

PLANNING COMMISSION

Notice of Meeting

Calendar

Commission Chambers - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, December 15, 2005

1:30 PM

Regular Meeting

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

COMMISSIONERS ABSENT: Dwight S. Alexander; Shelley Bradford-Bell; Christina Olague

THE MEEETING WAS CALLED TO ORDER BY PRESIDENT SUE LEE AT 1:32 P.M.

STAFF IN ATTENDANCE: Dean Macris – Director of Planning; Larry Badiner – Zoning Administrator, Glen Cabreros, Michael Li, Jonathan Purvis, Joy Navarrete, Mathew Snyder, Linda Avery – Commission Secretary.

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. 2005.0565C (S.YOUNG: (415) 558-6346)

2110 CLEMENT STREET - north side between 22^nd and 23^rd Avenues; Lot 009 in Assessor's Block 1411 - Request for Conditional Use authorization under Sections 717.27, 186.1(b) and 303 of the Planning Code to legalize the extension of the hours of operation of an existing nonconforming full-service restaurant (“My Favorite Cafe”) from 11 p.m. to 2 a.m. in the Outer Clement 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: Disapproval

(Continued from Regu-0lar Meeting of August 11, 2005)

NOTE: On September 15, 2005, following public testimony, the Commission closed the public hearing and continued the matter to December 15, 2005, by a vote +4 –0, to allow the operator to comply with the existing conditions. Commissioners Hughes, W. Lee, Olague were absent.

(Proposed for Continuance to January 5, 2006)

SPEAKERS: None

ACTION: Continued as proposed

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

ABSENT: Alexander, Bradford Bell, Olague

2. 2005.0751D (G. CABREROS: (415) 558-6169)

733 27^TH AVENUE - west side between Balboa and Cabrillo Streets; Lot 003 in Assessor's Block 1617 - Request for Discretionary Review of Building Permit Application No. 2004.05.12.3640, proposing to construct a new third floor, a rear horizontal addition and a side horizontal addition to the existing two-story, two-unit building in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.

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

(Continued from Regular Meeting of October 20, 2005)

(Proposed for Continuance to January 12, 2006)

SPEAKERS: None

ACTION: Continued as proposed

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

ABSENT: Alexander, Bradford Bell, Olague

3. 2004.1160D (G. CABREROS: (415) 558-6169)

2426 GREENWICH STREET - north side between Scott and Pierce Streets; Lot 008 in Assessor's Block 0512 - Request for Discretionary Review of Building Permit Application No. 2005.03.10.7197 proposing to construct a four-story, two-unit building in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District. The existing two-story, single-family residence on the subject lot is proposed for demolition under a separate demolition permit application.

Preliminary Recommendation: Take Discretionary Review and approve with modifications.

(Proposed for Continuance to January 12, 2006)

SPEAKERS: None

ACTION: Continued as proposed

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

ABSENT: Alexander, Bradford Bell, Olague

4a. 2005.0480CV (J. PURVIS: (415) 558-6354)

2814-2824 JENNINGS STREET - west side at Egbert Avenue, Lot 001 in Assessor’s Block 4912 - Request for Conditional Use authorization under Planning Code Sections 303 and 215(a) to allow conversion of approximately 4,000 gross square feet of commercial space into five dwelling units without access to parking or open space. The site is within an M-1 (Light Industrial) Use District, a 40-X Height and Bulk District, the Restricted Light Industrial Special Use District, and an Industrial Protection Zone pursuant to Planning Commission Resolution No. 16202.

Preliminary Recommendation: Approve the CU with modifications and conditions.

(Continued from Regular Meeting of November 17, 2005)

(Proposed for Continuance to January 12, 2006)

SPEAKERS: None

ACTION: Continued as proposed

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

ABSENT: Alexander, Bradford Bell, Olague

4b. 2005.0480CV (J. PURVIS: (415) 558-6354)

2814-2824 JENNINGS STREET - west side at Egbert Avenue, Lot 001 in Assessor’s Block 4912 - Request for Off-street Parking, Open Space and Rear Yard Variances under Planning Code Section 305 to allow conversion of approximately 4,000 gross square feet of commercial space into five dwelling units without access to parking or open space. The site is within an M-1 (Light Industrial) Use District, a 40-X Height and Bulk District, the Restricted Light Industrial Special Use District, and an Industrial Protection Zone pursuant to Planning Commission Resolution No. 16202.

(Continued from Regular Meeting of November 17, 2005)

(Proposed for Continuance to January 12, 2006)

SPEAKERS: None

ACTION: Continued as proposed

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

ABSENT: Alexander, Bradford Bell, Olague

4c. 2005.0481DV (J. PURVIS: (415) 558-6354)

2826-2838 JENNINGS STREET - west side at Fitzgerald Avenue, Lot 002 in Assessor’s Block 4912 - Staff-initiated Discretionary Review under Planning Code Section 311, of a building permit to convert approximately 1,200 gross square feet of commercial space to three new dwellings units without access to parking or open space, subject to variance. The site is within an RM-1 (Residential, Mixed, Low Density) Use District and a 40-X Height and Bulk District.

Preliminary Recommendation: Take DR and disapprove the building permit.

(Continued from Regular Meeting of November 17, 2005)

(Proposed for Continuance to January 12, 2006)

SPEAKERS: None

ACTION: Continued as proposed

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

ABSENT: Alexander, Bradford Bell, Olague

4d. 2005.0481DV (J. PURVIS: (415) 558-6354)

2826-2838 JENNINGS STREET - west side at Fitzgerald Avenue, Lot 002 in Assessor’s Block 4912 - Request for Off-street Parking, Open Space and Rear Yard Variances under Section 305 to allow conversion of approximately 1,200 gross square feet of commercial space to three new dwellings units without access to parking or open space. The site is within an RM-1 (Residential, Mixed, Low Density) Use District and a 40-X Height and Bulk District.

(Continued from Regular Meeting of November 17, 2005)

(Proposed for Continuance to January 12, 2006)

SPEAKERS: None

ACTION: Continued as proposed

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

ABSENT: Alexander, Bradford Bell, Olague

5. 2003.1108E (V. MASS: (415) 558-5955)

450 FREDERICK STREET - Lot 012 of Assessor’s Block 1262, bounded by Stanyan, Beulah and Shrader Streets - Appeal of Preliminary Mitigated Negative Declaration for the proposed demolition of a single-family residence and construction of a three-unit residence. The existing building is a 1,755-gross-square-foot (gsf) one-story-over-garage, single-family home, constructed in approximately 1897. The proposed project would result in the construction of a 5,550-gsf, four-story, three-unit residential building. The approximately 1,240-gsf ground floor would be used as a garage for the proposed three off-street parking spaces. The remaining three floors would each contain one two-bedroom dwelling unit. The proposed project would rise 40 feet from street level to the top of the parapet. The site is zoned RH-3 (House, Three-Family) and is in a 40-X height and bulk district.

Preliminary Recommendation: Uphold Preliminary Mitigated Negative Declaration

(Continued from Regular Meeting of October 27, 2005)

(Proposed for Continuance to January 19, 2006)

SPEAKERS: None

ACTION: Continued as proposed

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

ABSENT: Alexander, Bradford Bell, Olague

6. 2005.0965C (M. WOODS: (415) 558-6315)

724-730 VAN NESS AVENUE (east side between Turk and Eddy Streets) and 650 - 660 Turk Street (north side between Van Ness Avenue and Polk Street) - Lots 4 and 8 in Assessor’s Block 742 - Request for Conditional Use authorization under Sections 303 and 352 of the Planning Code to modify a condition previously imposed in Motion No. 16443 for Case No. 2001.0535CV, which approved the demolition of the existing structures on the site and the construction of a 141-unit (subsequently changed to 130 units) residential project with ground floor retail spaces and a garage containing 51 (subsequently changed to 52 parking spaces) automobile parking spaces, 40 bicycle spaces and two service vehicle loading spaces, in an RC-4 District (Residential-Commercial Combined Districts, High Density) and the Van Ness Special Use District, and a 130-V Height and Bulk District. The proposal would modify Condition No. A(5) of the approval Motion to allow the project sponsor to designate 12 percent of the total number of units built as Below Market Rate (BMR) units, rather than a fixed number of 19 BMR units, and to offer those BMR units for sale or rental, rather than rental only.

preliminary Recommendation: Pending

(Proposed for Continuance to January 19, 2006)

SPEAKERS: None

ACTION: Continued as proposed

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

ABSENT: Alexander, Bradford Bell, Olague

7. 2005.0842D (A. LIGHT: (415) 558-6254)

1135-1139 GREEN STREET - in Assessor's Block 125, Lots 115-116 - Request for Discretionary Review on Building Permit Application No. 2005.06.16.5311 to construct a new subterranean basement and five car garage under three existing two-story townhouses. A garage entrance door would be inserted into the far-east side of the existing masonry retaining wall along the Green Street frontage. A curb cut will also be constructed. The subject property is in an RH-3 (Residential, House, Three Family) Zoning District and a 40-X Height and Bulk District.

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

(Continued from Regular Meeting of December 8, 2005)

Note: The Department has withdrawn the Categorical Exemption and has elected to do further environmental review/analysis. Therefore, this item is proposed for ~~indefinite~~ continuance to February 23, 2006.

SPEAKERS: None

ACTION: Continued as amended

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

ABSENT: Alexander, Bradford Bell, Olague

8a. 2003.0295CDV (I. WILSON: (415) 558-6163)

899 NORTH POINT STREET - southeast corner of North Point and Larkin Streets; Lot 020 in Assessor’s Block 0026 - Request for Conditional Use authorization pursuant to Sections 209.1 and 228.3 of the Planning Code to convert a service station use to residential use and to construct an approximately 40-foot tall, 4-story, 5-unit residential structure containing 7 off-street parking spaces in an RH-3 (Residential, House, Three-family) District, the Waterfront Special Use District No. 2 and a 40-X Height and Bulk District. The project site was formerly a service station and is now vacant. This project is also seeking a Variance from the Planning Code, and is the subject of a request for Discretionary Review.

Preliminary Recommendation: Approval with Conditions

(Continued from Regular Meeting of October 27, 2005)

(Proposed for Indefinite Continuance)

SPEAKERS: None

ACTION: Continued Indefinitely

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

ABSENT: Alexander, Bradford Bell, Olague

8b. 2003.0295CDV (I. WILSON: (415) 558-6163)

899 NORTH POINT STREET - southeast corner of North Point and Larkin Streets; Lot 020 in Assessor’s Block 0026 - Request for Discretionary Review of Building Permit Application No. 2003.04.25.3201, proposing to construct an approximately 40-foot tall, 4-story, 5-unit residential structure containing 7 off-street parking spaces in an RH-3 (Residential, House, Three-family) District, the Waterfront Special Use District No. 2 and a 40-X Height and Bulk District. This project is also seeking a Variance from the Planning Code, and requires Conditional Use authorization.

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

(Continued from Regular Meeting of October 27, 2005)

(Proposed for Indefinite Continuance)

SPEAKERS: None

ACTION: Continued Indefinitely

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

ABSENT: Alexander, Bradford Bell, Olague

8c. 2003.0295CDV (I. WILSON: (415) 558-6163)

899 NORTH POINT STREET - southeast corner of North Point and Larkin Streets; Lot 020 in Assessor’s Block 0026 - Request for Variance from the rear yard requirements of Planning Code Section 134. The proposal is to construct an approximately 40-foot tall, 4-story, 5-unit residential structure containing 7 off-street parking spaces in an RH-3 (Residential, House, Three-family) District, the Waterfront Special Use District No. 2 and a 40-X Height and Bulk District. A Variance is required to construct an approximately 40’ X 22’ portion of the project fully into the rear yard along North Point Street, leaving a comparable rear yard to the interior corner of the lot of approximately 1,480 square feet. This project also requires Conditional Use authorization, and is the subject of a request for Discretionary Review.

(Continued from Regular Meeting of October 27, 2005)

(Proposed for Indefinite Continuance)

SPEAKERS: None

ACTION: Continued Indefinitely

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

ABSENT: Alexander, Bradford Bell, Olague

B. COMMISSIONERS’ QUESTIONS AND MATTERS

9. Commission Comments/Questions

Linda Avery – Commission Secretary

Gave the Commission a draft of the Commission Hearing Schedule for 2006 for consideration of approval in three weeks.

C. DIRECTOR’S REPORT

10. Director’s Announcements

Introduced to the Commission three new members of the Department staff.

Review of Past Week’s Events at the Board of Supervisors and Board of Appeals

BoA: {This was heard following Category D – General Public Comment 15 Minutes}

At the request of President Lee, the Zoning Administrator responded to Mr. Joe O’Donohue’s statement about a permit issue of Director Amy Lee of the Department of Building Inspection.
There was a claim that Ms. Lee did not follow the permitting process and that she received preferential treatment. The Board upheld the permit 5 to 0. William Shock, who is now an official in Alameda, represented the Department of Building Inspection, under direction from the City Attorney’s Office. He is also the head of the California Association of Building Officials. He is a well recognized person in the building field. He reviewed the findings and various permits. He believed that the permits appeared correct. The claims against Ms. Lee were soundly rejected.
There were questions about the Planning Department’s role and my role specifically. Ms Lee received an Administrative variance and there was a question about that within the Planning Code and how was it allowed to be granted without a public hearing. I had not done those up until the last two years, but given our backlog, I have started to implement those, though I do provide public notice on them. If anyone has concern, they can bring it to my attention. Ms. Lee is one of six DRs, Administrative Variance that has been granted.
The other claim was that her permit for a dormer was processed overly fast. It cleared the city in a week. Normally those would be over the counter permits. However, this was in the rear yard area and we had to ascertain that it was covered by the variance that was previously granted. So we did not think granting it in a week was anything extraordinary. In fact, it could have normally been done over the counter.
At the request of Commissioner Hughes, the Zoning Administrator responded to Mr. Williams’ assertion that DR applicants and/or their representatives are not being notified as to a date that may be selected by staff for a hearing.
The Department’s policy is that for the initial date of a Commission hearing, staff is supposed to work with both the project sponsor and the requester for DR and set a date that is agreed to. After that, preference is usually given to the project sponsor if it is a code complying building/project.

D. GENERAL PUBLIC COMMENT – 15 MINUTES

SPEAKERS:

Joe O’Donohue

Once again, a Building Commission hearing scheduled for next month has been cancelled. That means that in four months, we would only have had two commission hearings effectively as a Planning Commission.
What we’ve had here is an interference with the flow of information and a suppression of critiquing and criticism of what’s happening at the Bureau of Building Inspection, and that is flowing to this Department.
Last night there was a hearing regarding the Director of the Building Commission on her permit.
There is a rule in the Building Code that says if you have an unoccupied floor, if you occupy it, it becomes part of the vertical of horizontal addition. That is the rule.
In 1995 the Building Code was changed with a code that said unoccupied floors that transform into a four-story building have to be fully sprinkled.
Last night evidence was given by a Building Commissioner that he visited a [the] site.
There was no habitable room down there.
Despite that evidence, this lady was only required in what is a double standard to sprinkle just the basement, not seismic the entire building.
What we have here is a major cover up that involved, in fact, a public official calling some of the Commissioners or some public officials about how they could influence the vote.

Patricia Vaughey

Spoke on the Cow Hollow Design Guidelines
The purpose of these guidelines was to stop these Discretionary Reviews and to have an over all plan on how we protect the public vista of Cow Hollow as well as have the continuity of the neighborhood.

Charles Mar Stellar

Commended the Commission on their thoughtful and assertive way of commenting to the Board on the Better Neighborhoods proposal. The Board has continued it until January 17, 2006.
Many of the members didn’t understand the origin and genesis of this bill and had not heard the details regarding your proposal for a pilot.
The Board needs to hear directly from its Planning Commissioners by visit and by telephone
I would recommend you prepare an estimated budget for your pilot program to present to the Board.
Commissioners, it is imperative for you to directly assert yourselves at this critical time so we can achieve best outcomes for this important policy matter.
Planning by ballot initiative is certainly not a good outcome.

Steve Williams

Wanted to speak on one issue mentioned by President Lee, and that is managing your calendar and your agenda.
You may not know it, but the Discretionary Review applicants, the neighbors, the appellant, are actually given no rights in the scheduling process.
In fact they’re not even contacted in the scheduling process.
We pay a fee, we file the appeal, we file the DR and that’s really the end of any sort of control that we have.
I suggest to the Commission that you ask staff to at least make a phone call to the appellant, to the person whose appeal is going to be heard.
That would save a lot of trouble and save a lot of unnecessary appearances and movement of the calendar.

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.

12. 2005.0960C (M. LI: (415) 558-6396)

1407 Bush Street - south side between Polk Street and Van Ness Avenue, Lot 002A in Assessor’s Block 0670 - Request for Conditional Use authorization to establish a full-service restaurant (dba “Fina Estampa”) of approximately 1,100 square feet. The subject commercial space was previously occupied by a retail paint store. There will be no physical expansion of the existing building or commercial space. The project site is within the Polk Street Neighborhood Commercial District and a 65-A Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

SPEAKER(S): None

ACTION: Approved

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

ABSENT: Alexander, Bradford Bell, Olague

MOTION: 17160

F. PUBLIC COMMENT ON AGENDA ITEMS WHERE THE PUBLIC HEARING HAS BEEN CLOSED

At this time, members of the public who wish to address the Commission on agenda items that have already been reviewed in a public hearing at which members of the public were allowed to testify and the public hearing has been closed, must do so at this time. Each member of the public may address the Commission for up to three minutes.

None

G.REGULAR CALENDAR

13a. 2005.0935TZC (J. PURVIS: (415) 558-6354)

4800 THIRD STREET - the southwest corner at Oakdale Avenue, Lot 45 in Assessor’s Block 5322 - Planning Code Text Amendment under Planning Code Section 302 to establish the “Third Street and Oakdale Avenue Affordable Housing Special Use District,” proposed to be added as Section 249.2830 of the Planning Code with associated amendments to Section 10 of the Zoning Map. The Planning Commission will consider a resolution recommending this Text Amendment to the Board of Supervisors. The proposed Special Use District would permit, with conditional use authorization, an affordable housing project with up to 18 dwelling units, at a building height of 50 feet, with modifications from off-street parking and rear yard requirements, within the NC-3 (Moderate-Scale Neighborhood Commercial) Land Use District and the 40-X Height and Bulk District, proposed for zoning reclassification below.

Preliminary recommendation: Approval.

SPEAKER(S):

Sharene (unclear last name), Project Sponsor

I just want to come before you today to represent the position of the project as it has now taking a new form.
About 18 months ago we came before you and received planning approval for what we then perceived to have been a tax credit project. The project did not meet the minimum standards that we felt to be competitive of a tax credit project and therefore we re-looked at the project and determined, with the support of the community, that a for-sale housing development would be welcome and beneficial on that site.
We at that time were able to increase the unit count from 15 to 18 when we removed the tax credit standards off the project.
We are also able now to petition the State of California for additional funding under the Begin Program.

Rick Williams

We have been before the PAC with modifications to the project to make sure that they have a clear understanding and clear support of the project.
The key component in changing the unit mix or the unit count from 15 to 18 units was the tax credit requirements were substantial for the proportion of three bedroom units. With this project we have a similar square footage but we modified the program to be a mix of one and two-bedroom units rather than having more three bedroom units.
The diagram shows the provision for strong street frontage with strong retail space along the street and the corner.
There’s also a community display case, which the community had requested as part of the street frontage.

ACTION: Approved as amended:

- On page 2, Line 3, Lines 2 and 3 where it describes the project as having ground floor retail space and 2000 square feet and ten off-street parking spaces, it should read: retail space of 2250 square feet and 11 off-street parking spaces.

On line 10 it refers to amending Section 249.27 which should be Section 249.30.

- On page 4 the approvals required, line number 6 states that a rear yard variance pursuant to section 134 of the planning code would be required. It should say a modification or exception to the rear year requirements of section 134 of the planning code.

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

ABSENT: Alexander, Bradford Bell, Olague

MOTION: 17161

13b. 2005.0935TZC (J. PURVIS: (415) 558-6354)

4800 THIRD STREET - the southwest corner at Oakdale Avenue, Lot 45 in Assessor’s Block 5322 - Zoning Map Amendment under Planning Code Section 302 to amend Map 10, Map 10H and Map10SU of the Official Zoning Map of the City and County of San Francisco, to establish the “Third Street and Oakdale Avenue Affordable Housing Special Use District” at the subject site and to reclassify the Height and Bulk District from 40-X to 50-X at the subject site. The Planning Commission will consider a resolution recommending these Zoning Map Amendments to the Board of Supervisors.

Preliminary recommendation: Approval.

SPEAKERS: Same as Items 13a.

ACTION: Approved

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

ABSENT: Alexander, Bradford Bell, Olague

RESOLUTION: 17162

13c. 2005.0935TZC (J. PURVIS: (415) 558-6354)

4800 THIRD STREET - the southwest corner at Oakdale Avenue, Lot 45 in Assessor’s Block 5322 - Conditional Use authorization under Planning Code Section 303 to demolish a vacant commercial building and construct a four-story, 50-foot building with up to 18 units of affordable housing and approximately 2,250 square feet of ground floor retail space, with modifications from off-street parking and rear yard requirements, within the NC-3 (Moderate-Scale Neighborhood Commercial) Land Use District and a 40-X Height and Bulk District, proposed for inclusion in the new Third Street and Oakdale Avenue Affordable Housing Special Use District and for reclassification to a 50-X Height and Bulk District.

Preliminary recommendation: Approval with Conditions.

SPEAKER(S): Same as Item 13a.

ACTION: Approved

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

ABSENT: Alexander, Bradford Bell, Olague

RESOLUTION: 17163

14. 2004.0027ACEK (J. NAVARRETE: (415) 558-5975)

900 MINNESOTA STREET - Certification of a Final Environmental Impact Report. On the north half of the block bounded by Minnesota Street, 20^th Street, Indiana Street and 22^nd Street, Lot 027 in Assessor’s Block 4106 - The proposal is to demolish four buildings, partially demolish and rehabilitate a fifth building, alter and rehabilitate a sixth building, and construct four new buildings. The resultant project would include up to 142 dwelling units, approximately 168 off-street parking spaces, approximately 6,300 square feet of office space, and approximately 2,100 square feet of restaurant / commercial use, configured around two inner courtyards. The subject property is within an M-2 (Heavy Industrial) District, a 50-X Height and Bulk District, and the Dogpatch Historic District. The southeastern portion of the site, which is comprised of a private open space and would continue to used as private open space, is located in an RH-3 (Residential, House, Three-Family) District and a 50-X Height and Bulk District.

Preliminary Recommendation: Certify the Final Environmental Impact Report.

NOTE: The public review period for the Draft Environmental Impact Report ended at 5:00 pm, October 25, 2005.

Public comments on the certification may be presented to the Planning Commission during the Public Comment portion of the Commission calendar.

SPEAKER(S): None

ACTION: Approved certification of the Final EIR

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

ABSENT: Alexander, Bradford Bell, Olague

MOTION: 17164

15a. 2004.0027ACEK (M. SNYDER: (415) 575-6891)

900 MINNESOTA STREET - the north half of the block bounded by Minnesota Street, 20^th Street, Indiana Street and 22^nd Street, Lot 027 in Assessor’s Block 4106 - Request for Conditional Use authorization to allow residential dwelling units within an M-2 (Heavy Industrial) District under Planning Code Section 215; and to allow a Planned Unit Development (PUD) under Planning Code Section 304. The proposal is to demolish four buildings, partially demolish and rehabilitate a fifth building, alter and rehabilitate a sixth building, and construct four new buildings. The resultant project would include up to 142 dwelling units, approximately 168 off-street parking spaces, approximately 6,300 square feet of office space, and approximately 2,100 square feet of restaurant / commercial use, configured around two inner courtyards. The Planned Unit Development authorization would include exceptions for density (Planning Code Section 215), the location of required rear yard (Planning Code Section 134(a)((1)(C)), loading (Planning Code Section 152), and the measurement of height (Planning Code Section 102.12). The subject property is within an M-2 (Heavy Industrial) District, a 50-X Height and Bulk District, and the Dogpatch Historic District. The southeastern portion of the site, which is comprised of a private open space and would continue to used as private open space, is located in an RH-3 (Residential, House, Three-Family) District and a 50-X Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

SPEAKER(S):

John Wharton, Project Sponsor

Gave an overall general description of the project’s design.

Janet Carbonelli

Read a letter from Susan Eslee, President of Dogpatch Neighborhood Association, in which they strongly support the proposed mixed-use project at the historic Shilling Wine Cellar site.

Ron Miguel, Housing Action Coalition

Enthusiastically endorse this project.

Steve (no last name stated), on behalf of project sponsor

Made a clarification of a couple of things that Mr. Snyder stated.

ACTION: Approved adoption of CEQA findings

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

ABSENT: Alexander, Bradford Bell, Olague

MOTION: 17165

15b. 2004.0027ACEK (M. SNYDER: (415) 575-6891)

900 MINNESOTA STREET - the north half of the block bounded by Minnesota Street, 20^th Street, Indiana Street and 22^nd Street, Lot 027 in Assessor’s Block 4106 - Request for a Certificate of Appropriateness to demolish four structures, partially demolish and rehabilitate a fifth structure, alter and rehabilitate a sixth structure, and construct four new structures in the Dogpatch Historic District. The resultant project would include up to 142 dwelling units, approximately 168 off-street parking spaces, approximately 6,300 square feet of office space, and approximately 2,100 square feet of restaurant / commercial use, configured around two inner courtyards. The subject property is within an M-2 (Heavy Industrial) District, a 50-X Height and Bulk District, and the Dogpatch Historic District. The southeastern portion of the site, which is comprised of a private open space and would continue to used as private open space, is located in an RH-3 (Residential, House, Three-Family) District and a 50-X Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

SPEAKER(S): Same as Item 15a

ACTION: without consideration, continued to January 5, 2006

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

ABSENT: Alexander, Bradford Bell, Olague

15c. 2004.0027ACEK (M. SNYDER: (415) 575-6891)

900 MINNESOTA STREET - the north half of the block bounded by Minnesota Street, 20^th Street, Indiana Street and 22^nd Street, Lot 027 in Assessor’s Block 4106 - Request for determination regarding the significance of net new shadow on Esprit Park caused by the construction of a residential development that would include four new buildings that would be approximately 50 feet tall. The subject property is within an M-2 (Heavy Industrial) District, and a 50-X Height and Bulk District. The southeastern portion of the site, which is comprised of a private open space and would continue to used as private open space, is located in an RH-3 (Residential, House, Three-Family) District and a 50-X Height and Bulk District.

Preliminary Recommendation: Determination that the net new shadow will not be significant or adverse.

SPEAKERS: Same as those listed for item 15a

ACTION: Approved the determination that the net new shadow will not be significant of adverse.

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

ABSENT: Alexander, Bradford Bell, Olague

MOTION: 17166

16. 2005.0991C (S. VELLVE: (415) 558-6263)

3011 STEINER STREET - west side between Union and Filbert Streets; Lot 004A in Assessor’s Block 0535 - Request for Conditional Use authorization pursuant to Sections 303 and 186.1(b) of the Planning Code to expand a nonconforming full-service restaurant (Terzo) into the rear yard area within the Union Street Neighborhood Commercial District and a 40-X Height and Bulk District. Conditional use is required to expand the nonconforming full-service restaurant into a proposed rear horizontal addition.

Preliminary Recommendation: Approval with Conditions.

SPEAKER(S): None

ACTION: Without hearing, continued to January 12, 2006

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

ABSENT: Alexander, Bradford Bell, Olague

17. 2005.0666D (S. VELLVE: (415) 558-6263)

3020-3024 BUCHANAN STREET - east side between Union and Filbert Streets, Lots 034 and 035 in Assessor’s Block 0531 - Mandatory Discretionary Review, under the Planning Commission’s policy requiring review of dwelling unit mergers, of Building Permit Application No. 2005.07.05.6780 proposing to merge two dwelling units into one dwelling unit in a structure located in an RH-2 (Residential, House, Two-Family) District, and 40-X Height/Bulk District.

Preliminary Recommendation: Take Discretionary Review and disapprove the permit.

SPEAKERS: None

ACTION: Without hearing, continued to January 5, 2006

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

ABSENT: Alexander, Bradford Bell, Olague

18a. 2004.0393CV (G. CABREROS: (415) 558-6169)

2443-2445 CLEMENT STREET - south side between 25^th & 26^th Avenues in the Outer Clement NCD (Neighborhood Commercial District) and a 40-X Height and Bulk District, Lots 035 & 036 in Assessor’s Block 1457 - Request for Conditional Use authorization under Planning Code Sections 121.1, 717.11 and 303 to allow development of a lot exceeding 5000 square feet in area. The proposal is to demolish an existing one-story shed spanning Lots 035 & 036, to demolish a one-story garage on Lot 035 and to partially demolish (alter) the rear half of the commercial store fronting Clement Street on Lot 035. The front half of the existing commercial building is proposed to be restored in association with new construction of a four-story, nine-unit mixed-use building with a 2,270 square-foot ground-floor commercial space and nine parking spaces at the basement level.

Preliminary Recommendation: Approval with Conditions

SPEAKERS:

Tony Kim, representing Project Sponsor

Gave an overall general description of the project’s description, design and neighborhood review process.

Ron Miguel

Supports the project.

Oliver Harm

Supports the project.

Ryan, on behalf of Jimmy Canares

Supports the project.

Wendy Tam, read a letter from John Kwong

Supports the project.

Malloy, Mary Tom’s property manager, read a letter from Spiros Johnson

- All are in support of the project.

ACTION: Approved

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

ABSENT: Alexander, Bradford Bell, Olague

MOTION: 17167

18b. 2004.0393CV (G. CABREROS: (415) 558-6169)

2443-2445 CLEMENT STREET - south side between 25^th & 26^th Avenues, Lots 035 & 36 in Assessor’s Block 1457 - Request for Rear Yard and Dwelling Unit Exposure Variances under Section 305 to allow new construction of a four-story, nine-unit mixed-use building with a 2,270 square-foot ground-floor commercial space and nine parking spaces at the basement level in the Outer Clement NCD (Neighborhood Commercial District) and a 40-X Height and Bulk District.

SPEAKERS: None

ACTION: The Zoning Administrator closed public hearing and granted the variances

19a. 2005.0620D (G. CABREROS: (4125) 558-6169)

2929 STEINER STREET - west side between Union and Green Streets; Lot 004 in Assessor's Block 0538 - Mandatory Discretionary Review, under the Planning Commission's policy requiring review of housing demolition, of Demolition Permit Application No. 2005.04.22.0687, proposing to demolish an existing single-family dwelling 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 demolition.

SPEAKER(S):

Chris Ford, Architect for the project.

Asked the Commission to allow the demolition
Stated that they welcome the opportunity to work further with staff and to hire a landscape architect to further develop the plans for the planting and irrigation
We want to try to move forward as fast as we can with your acceptance of the concept of the garden and the general approach that we’re taking to allow what we view as the dangerous structure to be removed as soon as possible.

Father King, Project Sponsor

That building is not safe. It has been judged unsafe.
It is a fire hazard to our community

MOTION: To not take Discretionary Review and approve the demolition

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

NAYES: Hughes

ABSENT: Alexander, Bradford Bell, Olague

RESULT: Motion failed

ACTION: Continue to January 19, 2006

AYES: Hughes, S. Lee and W. Lee

NAYES: Antonini

ABSENT: Alexander, Bradford Bell, and Olague

RESULT: Motion passes

19b. 2005.1112D (G. CABREROS: (415) 558-6169)

2929 Steiner Street - west side between Union and Green Streets; Lot 004 in Assessor's Block 0538 - Mandatory Discretionary Review, under the Planning Commission's policy requiring review of new residential building in association with residential demolition, of Building Permit Application No. 2005.08.18.0678, proposing installation of a landscaped garden / open space in lieu of a residential replacement building in an RH-3 (Residential, House, Three-Family) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Take Discretionary Review and approve with modifications.

ACTION: Continued to January 19, 2006

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

NAYES: Antonini

ABSENT: Alexander, Bradford Bell and Olague

20a. 2005.0032DV (M. WOODS: (415) 558-6315)

1043-1045 FRANCISCO STREET - south side between Larkin and Polk Streets; Lot 020 in Assessor’s Block 0477 - Request for Discretionary Review of Building Permit Application No. 2004.02.10.6005S, proposing to construct a one-story horizontal addition over the existing one-story extension at the rear of a two-story over basement, two-family building, in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.

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

SPEAKERS: None

ACTION: Without hearing, continued to January 19, 2006

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

ABSENT: Alexander, Bradford Bell and Olague

20b. 2005.0032DV (M. WOODS: (415) 558-6315)

1043-1045 Francisco Street - south side between Larkin and Polk Streets; Lot 020 in Assessor’s Block 0477 - Request for a Rear Yard Variance to allow the construction of a one-story horizontal addition over the existing one-story extension at the rear of a two-story, two-family building. The last three feet of the addition extends into the required rear yard pursuant to Section 134 of the Planning Code. The project site is in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.

SPEAKERS: None

ACTION: Without hearing, continued to January 19, 2006

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

ABSENT: Alexander, Bradford Bell, Olague

21. 2005.0884D (R. CRAWFORD: (415) 558-6358)

79-81 Chattanooga Street - east side between 21^st and 22^nd Streets. Assessor's Block 3617 Lot 070 - Request for Discretionary Review of Building Permit Application No. 2005 0504 1622 to construct a new fourth floor and an addition to the rear of the existing three-story two-family building 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

DISCRETIONARY REVIEW APPLICATION WITHDRAWN

H. 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))

Joe O’Donoghue

- I find it ironic that throughout the ‘90s when the Residential Builders through Sue Hester was fighting protest after protest, brief after brief on behalf of an undisclosed client that delayed and cost projects thousands of dollars that never once did any bureaucrat in the Planning Department raise the issue of who the undisclosed client was.

- However, now that the Andrews Act is filed on behalf of an undisclosed client, suddenly it has become an issue.

- That is fine.

- I disagree with everything Andrew Zaches does, but I respect his right to do it.

- But we are not going to be precluded from the cover up that is happening at the Building Department.

- There was no investigation done on this property.

- Every complaint that has been done to the Bureau of Building Inspection in the past warrants an investigation when asked for.

- None has been granted.

- Everyone has freedom of speech and people have the right to protest.

- Again there is an attempt to deflect from the issue

- And it is a cover up.

- Actually the Zoning Director should not testify like the Building Department officials who are precluded from testifying. They should have brought in an outsider to testify because of the relationship.

- This of course doesn’t end here.

Adjournment: 3:50 p.m.

THESE MINUTES WERE PROPOSED FOR ADOPTION AT THE REGULAR MEETING OF THE PLANNING COMMISSION ON THURSDAY, APRIL 13, 2006.

SPEAKERS: None

ACTION: Approved

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

EXCUSED: Olague

ABSENT: Alexander and Bradford-Bell

Last updated: 11/17/2009 10:00:19 PM