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April 12, 2007

April 12, 2007

SAN FRANCISCO

PLANNING COMMISSION

Meeting Minutes

Commission Chambers - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, April 12, 2007

1:30 PM

Regular Meeting

COMMISSIONERS PRESENT: Olague, Antonini, S. Lee, W. Lee, Moore and Sugaya

COMMISSIONER ABSENT: Alexander

THE MEETING WAS CALLED TO ORDER BY VICE-PRESIDENT OLAGUE AT 1:35 P.M.

STAFF IN ATTENDANCE: Dean Macris – Director of Planning, Larry Badiner – Zoning Administrator, Amit Ghosh – Chief Planner, Sarah Dennis, AnMarie Rodgers, Michael Li, Thomas Wang, Kimberly Durandet, Cecilia Jaroslawsky, 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. 2006.0074TZ (Tape IA) (J. Lau: (415) 558-6383)

Initiation of Planning Code Amendments Establishing PDR Zoning Districts and Initiation of Zoning Map Amendments Applying these Designations to Certain Industrial Portions of Bayview Hunters Point - The Department is proposing a set of Code amendments to establish a PDR-1 (Light Industrial Buffer District) and a PDR-2 (Production, Distribution, and Repair District) in the Planning Code. These zones will permit a wide variety of non-residential uses and will retain space for current and future light industrial activities. The Department is also proposing Zoning Map amendments that would apply these PDR Districts, and a South Basin Design and Development Special Use District, to certain industrial areas in Bayview Hunters Point currently zoned M-1 (Light Industrial) and M-2 (Heavy Industrial). These amendments would implement various objectives from the Bayview Hunters Point Area Plan, which seeks to retain space for jobs and light industrial activities and to reduce land use conflicts between housing and industry in the Bayview.

A) Informational Item. Staff will respond to Commissioner questions from the informational hearing held on January 18, 2007 and provide clarifying information.

Preliminary Recommendation: Hold hearing on informational item.

B) 2006.0074T – Initiation of a Planning Code Text Amendment. Consideration of a resolution of intent to initiate an amendment to the Planning Code, including revisions to Sections 121.5, 121.7, 204.3-204.4, 210, 210.6, 210.7, 210.8, 210.9, 213-227, 230, and 249.32. The amendment would establish a PDR-1 Use District (Light Industrial Buffer), a PDR-2 Use District (Production, Distribution, and Repair), and a South Basin Design and Development Special Use District (South Basin SUD), and establish regulations on subdivisions, accessory uses, and the demolition of industrial structures in these districts.

Preliminary Recommendation: Approve the resolution of intent to initiate the Planning Code amendment.

C) 2006.0074Z – Initiation of a Zoning Map Amendment. Consideration of a resolution of intent to initiate a Zoning Map amendment consisting of revisions to Sectional Maps 8, 9, 10, and 10 SU of the Zoning Map of the City and County of San Francisco. This amendment would: 1) reclassify the area generally bounded by Cesar Chavez Street, Barneveld Avenue, McKinnon Avenue, Evans Avenue, and Third Street from M-2 to PDR-2; 2) reclassify the area generally bounded by Loomis Street, the I-280 Freeway, Oakdale Avenue, and the Caltrain right-of-way from M-1 (Light Industrial) to PDR-2 (Production, Distribution, and Repair); 3) reclassify much of the South Basin District, generally bounded by Bayshore Boulevard, Paul Avenue, Egbert Yosemite Slough, the Hunters Point Shipyard, Thomas Avenue, and Williams Avenue Avenue, from M-1 to PDR-2; 4) establish a PDR-1 (Light Industrial Buffer) designation over the northern and southern edges of the South Basin District, on the east side of Third Street, roughly along Fitzgerald, Van Dyke, Underwood, and Thomas Avenues – on properties currently zoned M-1; and 5) apply the South Basin SUD (South Basin Design and Development Special Use District) to the area generally bounded by Paul Avenue, Bayshore Boulevard, Phelps Street, Williams Avenue, and Third Street.

Preliminary Recommendation: Approve the resolution of intent to initiate the Zoning Map amendment.

(Proposed for Continuance to April 26, 2007)

SPEAKERS

Francisco Da Costa

- We need to be very diligent with the rezoning in the Bay View Hunters Point.

- Residents should have the right to participate on the developments.

Espanola Jackson

- Supports the continuance.

- The environmental report needs to be done prior of making any decision.

- We need to be careful of the type of hosing developed in this area. It should be affordable.

ACTION: Continued as proposed

AYES: Olague, Antonini, S. Lee, W. Lee, Moore and Sugaya

ABSENT: Alexander

2. 2006.0734C (M. GLUECKERT: (415) 558-6543)

3192 16th Street, north side between Guerrero and Valencia - Request for Conditional Use Authorization under Planning Code Sections 726.48 and 790.38 for Other Entertainment within the Valencia Street Neighborhood Commercial District and within a 40-X Height and Bulk District. The existing bar use, d.b.a.  Double Dutch , formerly known as  Cama , will not change. The new owner is seeking authorization for recorded amplified music and a DJ. Hours of operation will remain 5pm to 2am. No physical expansion or increase in exterior dimensions of the existing building is proposed.

Preliminary Recommendation: Disapproval

(Continued from Regular Meeting of January 11, 2007)

Note: On January 11, 2007, following public testimony, the Commission closed the public hearing and continued this matter to 4/12/07 and required the project sponsor to do a sound study. The public hearing will be reopened if new material/information is put before the Commission for consideration.

(Proposed for Continuance to May 10, 2007)

SPEAKERS: None

ACTION: Continued as proposed

AYES: Olague, Antonini, S. Lee, W. Lee, Moore and Sugaya

ABSENT: Alexander

3. 2007.0034D (M. LI: (415) 558-6396)

120-124 Mason Street - east side between Eddy and Ellis Streets, Lot 013 in Assessor's Block 0330 - Mandatory discretionary review of Building Permit Application No. 2006 1213 9807 to maintain operation of a medical cannabis dispensary (dba  Mason Street Dispensary ) of approximately 1,800 square feet. The property is within the C-3-G (Downtown General Commercial) District and a 225-X Height and Bulk District. The medical cannabis dispensary is located at the rear of an existing café. There will be no physical expansion of the existing building or commercial space.

Preliminary Recommendation: Do not take discretionary review and approve the project as proposed

(Proposed for continuance to May 17, 2007)

SPEAKERS: None

ACTION: Continued as proposed

AYES: Olague, Antonini, S. Lee, W. Lee, Moore and Sugaya

ABSENT: Alexander

4. 2004.0603E (M. JACINTO: (415) 558-5988)

601 DUBOCE AVENUE– Lot 3539, Lot 001 – Appeal of a Preliminary Mitigated Negative Declaration for the proposed construction of a four-story medical office building ( MOB ) on a 52,000 square foot portion of two surface parking lots on the northeast corner of the California Pacific Medical Center Davies campus in the Duboce Triangle neighborhood. The 50,100 (46,000 as measured by the Planning Code) gross-square-foot MOB would contain offices, a Neuromuscular and Electroencephalogram Clinic, a pharmacy and admitting station for the existing ambulatory surgery department in the CPMC Hospital North Tower. Patient drop-off would be located adjacent the MOB's third floor, accessible via the existing Duboce Avenue service drive. The MOB would include two pedestrian entries: a southern entrance along Noe Street and a northern entrance located along Duboce Avenue across from the N-Judah MUNI stop. The project would result in removal of 75 onsite surface parking spaces; no new off-street parking spaces would be constructed as part of the project. Pedestrian and streetscape improvements, including a public plaza, landscaping and sidewalk widening along Noe Street would be undertaken as part of the project. The project site is in the RH-3 (Residential House, Three Family) Zoning District and the 65-D Height and Bulk District, and would require Conditional Use authorization for expansion of an institutional use in an RH-3 Zoning District, an amendment CPMC's Planned Unit Development, permits from the Department of Public Works for tree removal and new landscaping, as well as building permits from the Department of Building Inspection.

Preliminary Recommendation: Uphold Preliminary Mitigated Negative Declaration

(Continued from Regular Meeting of Februayr 1, 2007)

(Proposed for continuance to June 7, 2007)

SPEAKERS

Jonathan Ioutt

- Requested an extra week for the continuance.

- The legal representative would be out of town on that date.

Mary Lanier

- Requested that this not be continued any longer.

- It has been delayed three times causing economical jeopardy.

Sue Hestor, Attorney for the Appellant

-I will be out of town and would have only two days to prepare for it.

-My client would like to meet and prepare the case with me before the hearing.

[No name]

-Requested that the June 7 date for continuance be maintained.

Mike

- I have followed this process and an excellent job was done accommodating neighborhood needs.

- Rather than what is proposed, I am requesting an earlier continuance because services are being compromised.

Richard Magary, Buena Vista Neighborhood Association

- We are close to finalizing terms of an agreement that should be achieved by June 7.

Brook

  1. Advocated for a later date.
  2. Requested that the project sponsor provide a written response to concerns not yet addressed.

Tai Valla

  1. Requested that you keep June 7 for continuance.

- We offered to meet with the group that requested written response and it was rejected.

Wendy Baker

- Asked for continuance to June 14.

Peter Cohen, Duboce Triangle Association

  1. Staff needs time to prepare for this project as well as the community.
  2. It would be better trying to solve those issues before coming to the Commission.

- Requested June 14 for the continuance.

ACTION: Continued as proposed

AYES: Olague, Antonini, S. Lee, W. Lee, Moore and Sugaya

ABSENT: Alexander

5. 2004.0603C (T. Tam (415) 558-6325)

601 DUBOCE AVENUE - southwest corner of Duboce Avenue and Noe Street; Lot 1 in Assessor's Block 3539 - Request for a Conditional Use Authorization for a Planned Unit Development pursuant to Planning Code Sections 303(c) and 304 to amend a previously approved CU/PUD authorization (Case No. 1987.847C, Motion No. M13255) and develop a new four-story, 46,000 gross-square-foot (gsf) clinic / medical office building (as measured by the Planning Code; 50,100 gsf without area reductions allowed by Sec. 102.9). The new building would contain a Neuromuscular and Electroencephalogram Clinic, offices, a pharmacy and an admitting station for the existing ambulatory surgery department in the CPMC Hospital North Tower. As a Planned Unit Development, the project is seeking modifications to Planning Code requirements for rear yard and independently accessible parking. The property is in an RH-3 (Residential, House, Three-Family) District and a 65-D Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

(Continued from Regular Meeting of February 1, 2007)

(Proposed for Continuance to June 7, 2007)

SPEAKERS: Same as those listed on item 4

ACTION: Continued as proposed

AYES: Olague, Antonini, S. Lee, W. Lee, Moore and Sugaya

ABSENT: Alexander

Item 6 was taken out of order and heard at the end of the calendar

6. 2006.1080C (Tape IIA; IIB) (T. Frye: (415) 575-6822)

1029 Natoma Street - between 11th Street and Lafayette Street, Block 055 in Assessor's Block 3511 - Request for Conditional Use Authorization to allow the demolition of the existing single residential unit pursuant to Sections 803.5(b) and 816.13 of the Planning Code. The subject property is within an SLR (Service/Light Industrial/Residential) Zoning District, the Western SOMA Special Use District, and a 50-X Height and Bulk District. The proposal is to demolish the single residential unit and construct a new 50-foot structure that would include four units and four off-street parking spaces.

(Continued from Regular Meeting of March 22, 2007)

(Proposed for Continuance to June 14, 2007)

SPEAKERS

Jim Meko

  1. Project Sponsor thinks the use is as-of-right and we consider it a conditional use.
  2. Staff has a responsibility to stand up to these developments.
  3. We presented a detailed analysis for this project.

- Owner is willing to compromise. But the Architect seems to be committed to his design.

  1. It needs to be worked out to a much better project.

ACTION: Without hearing, continued to June 14, 2007

AYES: Olague, Antonini, S. Lee, W. Lee, Moore and Sugaya

ABSENT: Alexander

B. COMMISSIONERS' QUESTIONS AND MATTERS

Adoption of Commission Minutes– Charter Section 4.104 requires all commissioners to vote yes or no on all matters unless that commissioner is excused by a vote of the Commission. Commissioners may not be automatically excluded from a vote on the minutes because they did not attend the meeting.

7. Consideration of Adoption (Tape IA):

  • Draft Minutes of Regular Meeting of February 1, 2007.

SPEAKERS: None

ACTION: Approved

AYES: Olague, Antonini, S. Lee, W. Lee, Moore and Sugaya

ABSENT: Alexander

  • Draft Minutes of Special Meeting of March 8, 2007.

SPEAKERS: None

ACTION: Approved

AYES: Olague, Antonini, S. Lee, W. Lee, Moore and Sugaya

ABSENT: Alexander

8. Commission Comments/Questions (Tape IA)

  • Inquiries/Announcements. Without discussion, at this time Commissioners may make announcements or inquiries of staff regarding various matters of interest to the Commissioner(s).
  • Future Meetings/Agendas. At this time, the Commission may discuss and take action to set the date of a Special Meeting and/or determine those items that could be placed on the agenda of the next meeting and other future meetings of the Planning Commission.

Commissioner Antonini

- Thanked Zoning Administrator for a Memorandum about 766 Powell Street.

- It seems an interesting project that has been in process.

- It is interesting to have an input on approved projects before we were on the Commission.

Commissioner Olague

- I have a follow up on requested information about the Day Labor Program.

- It is becoming a controversial issue.

- Home Depot had some findings and their Attorney called me two months ago mentioning an agreement made to donate about $100,000 to the program.

- I spoke to La Raza Centro Legal, administrator of the Labor Program, and they were unfamiliar with this issue.

- They are in the process of opening a new location at Bayshore Boulevard.

- Since we will hear the 3400 Cesar Chavez project next week, I would like to have some update on what the Major' Office of Housing is doing with that program.

- I would like to understand if La Raza Centro Legal was part of that process and how money is going to be allocated.

Mr. Badiner, Zoning Administrator

- In your packets last week you received a memorandum about the Day Labor Program.

- It does not address the Home Depot issue but we will investigate that.

Commissioner W. Lee

- At the hearing last week, we had a discussion about zoning in the Market and Octavia Plan and whether it would be applicable for the Eastern and Mission Neighborhoods.

- If to be used, these neighborhoods need to be notification that we intend to use Neighborhood Commercial Transit [NCT] zoning and Resident Transit Oriented [RTO] zoning.

- I would like the Commission to know the dates of notification to these districts.

Mr. Badiner, Zoning Administrator

- I will make sure that the Citywide Division informs you of the dates of notification.

- Eastern and Mission District Plans are in the process for public notification.

- We do not yet have a formal proposal to present to citizens.

- Neighborhoods will be properly notified of any new zoning to be applied when we reach that time.

Commissioner Sugaya

- The American Planning Association had an article about the new LEED Neighborhood Developments proposal to apply LEED standards to planning.

- In another article I read, there is apparently some movement to revamp the scoring system because of complaints from different sectors on how some projects can be LEED certified.

- Apparently, there are some things that builders can do to score points. It seems that this is being looked at. The Department might want to move with some caution on this.

- Another article from one of my planning newsletters is about a study on transportation and walkability.

- An interesting statement is that the key to increase the number of walking trips is not to have amenities like benches, but for pedestrians to have somewhere to walk to and not to have a horrible environment.

- Another article I read is about San Francisco Healthy Development Measuring Tool on how to assess developments.

- It would be great to have a report on that too.

- A Report on Lloyd Crossing says that there is an intention to do green stuff to development areas. We could have applied it to Mission Bay because it [the article] extents to the infrastructure and the use of green water and wastewater.

Commissioner Antonini

- Regarding new rezoning on different parts of the city, it is important to involve the public from the very beginning of the proposals.

Commissioner Moore

- LEED Neighborhood Planning program is a pilot program.

- It is about green building guidelines to include public/neighborhood considerations with what I consider contextual design.

- I know somebody who practices in the city and is very knowledgeable about this fabulous program. We should invite him to do a presentation and make us aware of it.

Commissioner Olague

- We should have some information on this pilot program to help raise questions during the presentation of the Eastern Neighborhood Plan on April 26.

  1. DIRECTOR'S REPORT (Tape IA; IB)

  1. Director's Announcements

Mr. Badiner, Zoning Administrator

- Since we had the joint hearing with the Building Inspection Commission, we have met with the Director of Building Inspection twice and will continuing meeting biweekly and sooner if necessary.

- We have established a staff level coordination committee between the Fire Marshall, Building Inspection and Planning Department.

- Everybody convened together this Tuesday.

- We have some proposals on how to work together.

- Starting with a comprehensive pre-application project review process to bring Building Inspection and the Fire Marshall in early in the process when the project warrants it.

- To work on amending the application review process to identify conflicting areas of the Building, Planning and Fire Codes.

- Soliciting a plan for common code conflicts to discuss up-front.

- We are pursuing some of the ideas raised at the joint hearing with the Building Inspection Commission.

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

AnMarie Rodgers

Land Use Committee

1)- Planning Code Amendment Article 11for:

A)- 625 Pine Street.

-Property over 40-years old became newly eligible for designation as a significant building.

-Changed article 11 designation from an unrated building to a category 5.

B)- 583 - 587 Howard Street

-Became old enough for possible eligibility and mainly because of its architectural character.

-Adopted to change the designation of this property from an unrated building category 5 to a contributory category 2.

Both items approved and forwarded to the Board of Supervisors.

2)- Residential inclusionary affordable housing requirements:

-The Commission adopted this legislation with modifications on January 18, 2007.

-The committee [Land Use] amended/divided this ordinance to add substantive changes regarding the Mayor's Office of Housing's marketing of units and sent it [the amendment] back to the Planning Commission for hearing.

-The remainder of the legislation was moved to the Board of Supervisors for hearing.

The Department has scheduled a hearing on May 10 to discuss another piece of Inclusionary Housing Legislation to amend Section 315, introduced by Supervisor McGoldrick, to lower the threshold on projects from 5 to 2 units.

Board of Supervisors

1)- The remainder of residential inclusionary affordable housing requirements.

Continued for one week.

2)- Planning Code Amendment for Landmarking Interiors of Publicly Accessible Buildings.

Approved +9 –2.

3)- Trinity Plaza Project

- At the hearing, the board considered zoning map amendments, special use district, development rights as well as transferable developments rights.

- Since being heard by this Commission, amendments were made to:

A) Change parking to 225 spaces.

B) Building  A tied to a construction timeline and housing here could not be converted to condominiums.

C) The requirement for Inclusionary Housing increased from 12 to 15 percent.

Unanimously Approved

4)- Ordinance amending Zoning Use for Transferable Development Rights (TDR)

Under specified circumstances for 200 Golden Gate Avenue-Central YMCA. Approved.

5)- Items Introduced:

A)- Supervisor Mirkarimi presented a proposed Amendment to the Planning Code Section Map 2 of the Zoning Map of the City.

B)- Supervisor Elsbernd proposed an ordinance ordering the vacation of the Ingleside Path right-of-way.

C)- Supervisor Alioto-Pier requested a hearing on the relationship between parking, neighborhood businesses, and families.

Three items were received and assigned to the Land Use and Economic Development Committee.

Budget and Finance Committee

- An Ordinance that would amend Article 3.5 of the Planning Code – Reducing Fee Program:

-This would have an impact on the fees for Projects Review, Block Book Notation, Building Permits for roofing and siding, Public Notifications 311/312, Solar Electrical Permits.

Forwarded to the Board of Supervisor with one amendment: Supervisor Peskin struck the fee for electric permit for solar panels.

Board of Appeals None

Mr. Badiner, Zoning Administrator

- Supervisor McGoldrick made inquiries at the Board of Supervisor for Planning and Department of Public Work to remove billboard and wheat pasted posters in various locations in the City.

The Department of Public Works entered into a contract with a program to maintain graffiti clear a property on 10th and Market allowing wheat pasted posters that are not permitted by Proposition  G .

An agreement was made in January to remove them within two months and they are still up.

- I met on Tuesday with the Department of Public Works and they [the posters] should be removed by Friday.

- We will follow up on this process and start enforcement action if it is not done by then.

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.

SPEAKERS

Sue Hestor

- 1911 Funston project is coming to the Commission in two weeks.

- Materials were due last Friday and were not submitted.

- Requested that the Project Sponsor agree to a continuance.

- Questioned what rules there are for submitting materials.

Jim Meko

- We were comfortable with the continuance proposed for the project at 1029 Natoma Street.

- Now I have to wait until the end of the calendar to speak about it.

E. REGULAR CALENDAR

11. (Tape IB) (S. DENNIS: (415) 558-6314)

SOMA Stabilization Fund (Eastern Neighborhoods - Informational report on the administration of the SOMA Community Stabilization Fund and the activities of the SOMA Community Stabilization Fund Community Advisory Committee. This presentation will be given by the Director of the Mayor's Office of Community Development, Fred Blackwell.

Preliminary Recommendation: Informational presentation. No action requested.

SPEAKERS

Mr. Fred Blackwell, Director, Major's Office of Community Development

  1. The committee is broad and inclusive to represent our diverse community.
  2. It started in April 2006 and has been diligent setting up accomplishments.
  3. They have community involvement and participation on design matters.

- The combination of its Vision, Mission and Principles lays out a foundation for planning.

  1. We would have community outreach this month.

- Challenges we could face are transitioning from planning to the implementation and coordination of funds for the community.

Jessie Collins, Chair of the Stabilization Fund

- A series of meetings are scheduled to engage the community in the process.

  1. These are community funds and we intend to involve them.

Claudeen del Rosario, Major's Office of Community Development

- The Ordinance is laid out with protection from the use of these funds to supplement other agencies.

  1. The priorities set for these funds consider areas not addressed by other city agencies.

Jim Meko

  1. Thanked Ms. Collins for energy, skill and willingness to work in a collaborative effort.

- The Western Soma Task Force is working closely with the Advisory Committee developing a Business Service to share answers for stabilization and revitalization.

Peter Cohen

  1. I have been involved with the Major's Office of Community Development through my job.
  2. This is a real public process for planning.

- The Stabilization Committee has two not so easy tasks -- operational programs and the expenditure process.

  1. We are looking at a new model that I hope would extend to other districts in the city.

ACTION: Informational hearing only. No Action was required of the Commission.

12. 2007.0204C (Tape IB; IIA) (M. LI: (415) 558-6396)

1145 Polk Street (aka 1201 Sutter Street) - southwest corner at Sutter Street, Lot 001 in Assessor's Block 0691 - Request for Conditional Use Authorization to (1) establish a small self-service restaurant (dba  Café Ya-Bon ) of approximately 800 square feet and (2) extend the hours of operation past 2:00AM in the Polk Street Neighborhood Commercial District and a 65-A Height and Bulk District. The subject business is currently operating as a retail coffee store, which does not allow on-site food preparation. There will be no physical expansion of the subject building or commercial space.

Preliminary Recommendation: Approval with Conditions

(Continued from Regular Meeting of April 5, 2007)

SPEAKERS

Najib, Project Sponsor Representative

  1. This specific place had a bad history with the previous owner.
  2. We are operating a decent business offering good food.
  3. Our clients have asked to us to open earlier.
  4. I request that you allow our operation hours from 4 a.m. to 2 a.m.

John J. Malloy – Executive Director of the Polk Corridor Business Assoc.

- The café is a great place and has helped to improve our neighborhood.

  1. We strongly support an operational time 5 a.m. to 2 a.m.
  2. Opening earlier would potentially increase the housing of criminal activities.

Officer Gallegert, Police Department Northern Station

- Supports the business and recommends operating hours from 5 a.m. to 2 a.m. as a reasonable time.

ACTION: Approved hours of operation from 5 a.m. to 2 a.m.

AYES: Olague, Antonini, S. Lee, W. Lee, Moore and Sugaya

ABSENT: Alexander

MOTION: 17416

13. 2007.0096D (Tape IIA) (K. DURANDET: (415) 575-6816)

542 KANSAS STREET - west side between 18th and Mariposa Streets; Lot 0010 in Assessor's Block 4010 - Request for Discretionary Review of Building Permit Application No. 2006.0130.3332, proposing a vertical and horizontal addition to an existing two story single-family dwelling converting it to a three story two-family dwelling in an RH-3 (Residential, Three-Family) District and a 40-X Height and Bulk District. The proposal required and was granted a Rear Yard Variance for the horizontal addition at a public hearing held on August 23, 2006.

Preliminary Recommendation: Do not take Discretionary Review and approve the building permit application.

(Continued from Regular Meeting of March 8, 2007)

SPEAKERS

Craig Burk, Discretionary Review Requestor

- I'm representing nine neighbors opposing this project.

- Project as proposed is too large and inappropriate for this neighborhood.

  1. Request a 15-foot set back and to eliminate the deck on the rooftop.

Carol Smith

  1. Request that you limit the back yard and eliminate the deck.
  2. This particular house is out of character with the middle of the block open space.
  3. It would immediately close off air and light.

Penny Harrison

  1. Read a letter from two neighbors expressing opposition to this project.
  2. It is too large for this particular block.
  3. Eliminating the deck and providing a set back would alleviate it.

Henry Kanolovich

  1. Urged the Commission to deny the DR and uphold the permit as is.

Dietrich Von Behren, Owner

-It has been two years. The seven feet we want to go out to is in the fully cemented area. We are not building out into the green area. We do want to stay in line with the other property. Five adjacent neighbors support our project.

ACTION: Took Discretionary Review and Approved with the elimination of the top deck.

AYES: Olague, Antonini, S. Lee, W. Lee, Moore and Sugaya

ABSENT: Alexander

14. 2007.0161D (Tape IIA) (T. WANG: (415) 558-6335)

1649 10TH AVENUE- west side between Lawton and Moraga Streets; Lot 008 in Assessor's Block 1933 – Request for Discretionary Review of Building Permit Application No. 2006.12.06.9261, proposing to alter the existing two-story, single-family dwelling to a two-story, two-family dwelling, including the creation of a garage on the ground floor, a two-story rear addition and the addition of a second dwelling unit 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 submitted.

SPEAKERS

Rabice Ramoni, Project Sponsor

- We had meetings and the discretionary review requestor did not participate in any of them.

- Tried to contact the requestor attempting to alleviate concerns but had no response.

ACTION: Did not take Discretionary Review and Approved.

AYES: Olague, Antonini, S. Lee, W. Lee, Moore and Sugaya

ABSENT: Alexander

15. 2006.1477D (Tape IIA) (C. JAROSLAWSKY (415) 558-6348)

67 MADRONE AVENUE - east side between Taraval and Ulloa Streets; Lot 033 in Assessor's Block 2919A - Request for Discretionary Review of Building Permit Application No. 2006.10.06.4439, to extend the rear two levels, approximately 15 feet into the rear yard and add a partial third level onto a single-family dwelling, one story over garage structure in an RH-1(D) (Residential, House, One-Family, Detached) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Do Not Take Discretionary Review and approve as submitted.

(Continued from Regular Meeting of March 15, 2007)

SPEAKERS

Kathleen Walsh

  1. Changes were just presented half an hour ago.
  2. I have to present and discus it with my neighbors to make any decision.

Terry Gaynor

  1. We were just presented a new idea and we need to work it out with our neighbors.

Lisa Walsh

- We were presented with a new idea half an hour ago.

- It is the first effort from the sponsor to really work with us.

- Requested the Commission to question what the particular need is for this big project.

John Singlton

- We are not compromising on this project until we see changes in writing and drawings.

Joe Yoto, Project Sponsor Representative

  1. Last time, I suggested a continuance for one month.
  2. Mr. Pantaleoni was out of the state and came back last week.
  3. The street is not uniform and there are some existing larger buildings.
  4. The intent is to make something compatible with the neighborhood.

Tony Pantaleoni, Architect

  1. We are proposing to reduce 100-feet from the upper floor and slope the roof to a pick.
  2. Commissioners requested that we do something about the third floor.
  3. Neighbors do not want the third floor but the project sponsor needs it.
  4. The reduction was shared with the discretionary review requestors.

ACTION: Following hearing, this item was continued to May 17, 2007

Public Hearing remains open.

AYES: Olague, Antonini, S. Lee, W. Lee, Moore and Sugaya

ABSENT: Alexander

F. PUBLIC COMMENT

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

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

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

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

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

SPEAKERS

William

- I am an architect designer and the Bay View Hunters Point should become a peaceful place for good people and a better world.

- He brought invitation cards for an event at the Bay View Opera House next Saturday.

Adjournment: 5:17 P.M.

THESE MINUTES AERE PROPOSED FOR ADOPTION AT THE REGULAR MEETING OF THE PLANNING COMMISSION ON THURSDAY, May 17, 2007.

SPEAKERS: None

ACTION: Approved

AYES: Alexander, Antonini, S. Lee, W. Lee, Moore, Olague, and Sugaya

NOTE: Per Section 67.18 of the Administrative Code for the City and County of San Francisco, Commission minutes contain a description of the item before the Commission for discussion/consideration; a list of the public speakers with names if given, and a summary of their comments including an indication of whether they are in favor of or against the matter; and any action the Commission takes. The minutes are not the official record of a Commission hearing. The audiotape is the official record. Copies of the audiotape may be obtained by calling the Commission office at (415) 558-6415. For those with access to a computer and/or the Internet, Commission hearings are available at www.sfgov.org. Under the heading Explore, the category Government, and the City Resources section, click on SFGTV, then Video on Demand. You may select the hearing date you want and the item of your choice for a replay of the hearing.

Last updated: 11/17/2009 10:00:25 PM