Minutes of Planning Commission Calendars

November 1999

Presented below are Minutes of the Planning Commission. The top of this page lists Commission meeting dates for the month. Click on the date and you will reach the minutes for that that week. The minutes present a summary of actions taken at the Planning Commission hearing and provides a Motion or Resolution number for that action.

With most browsers you will be able to search for any text item by using the Ctrl-F keys. It is recommended you search by case number and suffix, if you know it, as that will always be a unique item. You may search by any identifying phrase, including project addresses.

(Please note, commission minutes generally are approved and finalized two weeks following the hearing date.)

Please note: meetings of November 11 and November 25 were cancelled.

SAN FRANCISCO

PLANNING COMMISSION

Minutes of Meeting

Board of Supervisors Chamber - Room 250

City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, November 4, 1999

1:30 PM

Regular Meeting

PRESENT: Theoharis, Mills, Antenore, Chinchilla, Richardson, Joe

ABSENT: Martin

THE MEETING WAS CALLED TO ORDER BY PRESIDENT THEOHARIS AT 1:50 P.M.

STAFF IN ATTENDANCE: Gerald G. Green - Director of Planning, Mary Gallagher - Zoning Administrator, Linda D. Avery - Commission Secretary

A. ITEMS TO BE CONTINUED

1. 1999.438CV (ALVIN)

2642-46 3RD STREET, west side of 3rd Street between 22st and 23rd Streets, Lots 21 in a Assessor's Block 4172-- Request Conditional Use Authorization under Planning Code Section 161(j) to add two dwellings units without providing any off-street parking and a variance under Section 135(g)(2) to reduce the width of an inner court to be used for common open space. The property is in a NC-2 (Small Scale Neighborhood Commercial District), and a 50-X Height and Bulk District.

(Proposed for Continuance to November 18, 1999)

SPEAKER(S): None

ACTION: Continued as proposed

AYES: Theoharis, Mills, Antenore, Chinchilla, Richardson, Joe

ABSENT: Martin

2. 1999.312E (JAROSLAWSKY) 699 PENNSYLVANIA AVENUE, Assessor's Block 4104, Lot 002 - Appeal of Preliminary Negative Declaration. The proposal includes the demolition of an existing 4,500 square foot building and the construction of an 17,126 square foot building. The new structure would contain 10 live/work loft units and 10 parking spaces. Ingress and egress to the garage area would be along 22nd Street. The structure would utilize the entire site, be a maximum of 40 feet in the height and contain three stories, not including the garage level. The project site is located in an M-1 (Light Industrial) Zoning District, within the Potrero Hill District of the City of San Francisco. The project site is also within the Industrial Protection Buffer Zone (IPZ) and will undergo mandatory Discretionary Review.

(Proposed for Continuance to December 2, 1999)

SPEAKER(S): None

ACTION: Continued as proposed

AYES: Theoharis, Mills, Antenore, Chinchilla, Richardson, Joe

ABSENT: Martin

3. 99.060D (PURVIS)

139 STILLMAN STREET, south side between 3rd and Th Streets, Lot 125 in Assessor's Block 3762 -- Request for Discretionary Review of Building Permit Application No. 9912968S, proposing the new construction of an 8-unit live/work building on a vacant lot in a SLI (Service/Light Industrial) District, a 40-X Height and Bulk District and within a Mixed Use Area.

(Proposed for Continuance to November 18, 1999)

SPEAKER(S): None

ACTION: Continued as proposed

AYES: Theoharis, Mills, Antenore, Chinchilla, Richardson, Joe

ABSENT: Martin

4. 99.061D (PURVIS)

113 STILLMAN STREET, south side between 3rd and Th Streets, Lot 122 in Assessor's Block 3762 -- Request for Discretionary Review of Building Permit Application No. 9912951S, proposing the demolition of one commercial building and the new construction of a 14-unit live/work building in a SLI (Service/Light Industrial) District, a 40-X Height and Bulk District and within a Mixed Use Area.

(Proposed for Continuance to November 18, 1999)

SPEAKER(S): None

ACTION: Continued as proposed

AYES: Theoharis, Mills, Antenore, Chinchilla, Richardson, Joe

ABSENT: Martin

B. 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. If it is demonstrated that comments by the public will exceed 15 minutes, the President or chairperson may continue Public Comment to another time during the meeting.

"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): Joe Buttler

Re: 1032 Broadway

Joan Levy

Re: 1032 Broadway

Joel Shepter

Re: 2750 Sloat Boulevard

Aaron Peskin

Re: 412 Broadway

Patricia Vaughey

Re: Building without permits

Sue Hestor

Re: 139/113 Stillman St.

C. COMMISSIONERS' QUESTIONS AND MATTERS

5. Consideration of Adoption - draft minutes of 10/14/99 and 10/21/99.

ACTION: Approved

AYES: Theoharis, Mills, Antenore, Chinchilla, Richardson, Joe

ABSENT: Martin

6. Commission Matters.

Antenore: Lack of Affordable Housing Components: ...of ten units or more or ten units greater than 10 units...

D. DIRECTOR'S REPORT

7. Director's Announcements.

None

8. Review of Past Week's Events at the Board of Supervisors & Board of Appeals.

- 370 DeHaro (Live/Work): CPC decision overtuned +5 -0.

E. CONSIDERATION OF FINDINGS AND FINAL ACTION -- PUBLIC HEARING CLOSED

9. 1999.365L (LIGHT)

2750 SLOAT BOULEVARD, north side of street between 45th and 46th Avenues, Lot 6 in Assessor's Block 2514: -- Request to approve the designation of the Doggie Diner Sign as a landmark. The subject property is zoned NC-2 (Neighborhood Commercial, Small Scale) District and is in a 100-A Height and Bulk District.

(Continued from Regular Meeting of October 14, 1999)

Note: On October 14, 1999, following public testimony, the Commission Closed the Public Comment Period. A Motion of Intent to Disapprove carried by a vote of +4 to -2 (Commissioners Antenore, Joe). Commissioner Martin was absent.

SPEAKER(S): None

ACTION: Disapproved

AYES: Theoharis, Mills, Chinchilla, Richardson

NAYES: Antenore, Joe

ABSENT: Martin

MOTION No.: 14915

10. 1999.266C (SMITH)

1334 POLK STREET, east side between Pine and Bush Streets; Lot 6 in Assessor's Block 668 - Request for Conditional Use Authorization, per Section 723.49 of the Planning Code, to allow a Financial Service Establishment (Advance America, Cash Advance Centers of California, Inc.) of approximately 1000 square feet in size within the Polk Street Neighborhood Commercial District and 65-A Height and Bulk District.

Note: On October 14, 1999, following public testimony, the Commission Closed the Public Comment Period. A Motion of Intent to Disapprove carried by a vote of +4 to -2

(Commissioners Richardson, Joe). Commissioner Martin was absent.

SPEAKER(S): None

ACTION: Disapproved

AYES: Theoharis, Mills, Antenore, Chinchilla

NAYES: Joe, Richardson

ABSENT: Martin

MOTION No.: 14916

11. 1999.398C (WILSON)

275 OLYMPIA WAY (St. John's Church), south side between Clarendon and Dellbrook Avenues; Lot 10 in Assessor's Block 2842 - Request for a Conditional Use authorization to allow the installation of communications utilities, pursuant to Planning Code Section 209.6(b), in an RH-1 (House, One-Family) District and a 40-X Height and Bulk District.

(Continued from Regular Meeting of October 7, 1999)

Note: On September 2, 1999, following public testimony the Commission did not close the public hearing. At the direction of Commission President Theoharis, Mr. Lee of the Health Department, the City Attorney, and a representative of the Church attend the September 16 hearing.

On September 23, 1999, following public testimony the Commission closed the public hearing with exception to testimony in regard to the location of the equipment box. At the direction of Commission President Theoharis, staff was to evaluate the proposed locations of the equipment box and return with its recommendation.

(Continued from Regular Meeting of October 7, 1999)

SPEAKER(S): None

ACTION: Approved

AYES: Theoharis, Mills, Chinchilla, Joe

NAYES: Antenore, Richardson

ABSENT: Martin

MOTION No.: 14917

12. 1999.073D (KOMETANI)

1032 BROADWAY STREET, north side between Florence and Taylor Streets, Lot 045 in Assessor's Block 0150 -- Request for Discretionary Review of Building Permit Application No. 9907006S, proposing to construct a new one-story, 98-square-foot infill addition at the front of the building in a RH-2 (House, Two-Family) District.

(Continued from Regular Meeting of October 14, 1999)

Note: On October 14, 1999, following public testimony, the Commission Closed the Public Hearing. A Motion to approve as proposed resulted in a vote of +3 -2 (Antenore and Richardson voting No). Commissioners Chinchilla and Martin were absent. President Theoharis instructed the Commission Secretary to provide all case materials and hearing tapes to Commissioners Chinchilla and Martin for review prior to final action.

SPEAKER(S): None

ACTION: Approved as amended:

- Sponsor to hire an experienced preservation expert to monitor construction.

- Provide drawings that accurately reflects the approved work.

AYES: Theoharis, Mills, Antenore, Chinchilla, Richardson, Joe

ABSENT: Martin

13. 1999.073DD (KOMETANI)

1032 BROADWAY, north side between Florence and Taylor Streets, Lot 045 in Assessor's Block 0150 -- Request for Discretionary Review of Building Permit Application No. 9909683, proposing to construct a new underground, three-car garage by cutting through an existing concrete retaining wall at the front of the property line in a RH-2 (House, Two-Family) District.

(Continued from Regular Meeting of October 14, 1999)

SPEAKER(S): None

ACTION: Approved as amended:

- Sponsor to hire an experienced preservation expert to monitor construction.

AYES: Theoharis, Mills, Antenore, Chinchilla, Richardson, Joe

ABSENT: Martin

F. REGULAR CALENDAR

14. 1999.512T (ROSETTER)

APPLICATION DISCLOSURE AMENDMENT - Consideration of a proposal to amend the Planning Code (Zoning Ordinance) by amending Sections 306.1 and 306.3 to require that, when completing an application for a conditional use or variance for a commercial use, the applicant must disclose the name under which the applicant intends to conduct business, to require that these applications be signed under penalty of perjury and to require that the intended business name also appear on the notice of the public hearings for these applications. Testimony and Commission considerations could result in recommendations of modifications to the proposed legislation.

(Continued from Regular Meeting of October 21, 1999)

SPEAKER(S): None

ACTION: Continued to 11/18/99

AYES: Theoharis, Mills, Chinchilla, Joe, Antenore, Richardson

ABSENT: Martin

15. 99.587ET (ROSETTER)

USE SIZE AMENDMENT - Consideration of a proposal to amend the Planning Code (Zoning Ordinance) by amending Section 303 to also place in Section 303 the special conditional use findings currently located in Section 121.2, thus requiring consideration of these findings for review of any conditional use proposed to occupy floor area that exceeds the threshold or maximum use size specified for that Neighborhood Commercial District whether or not that use size already existed. These findings include issues of intensity of activity in the district, important service to the neighborhood requiring a larger use size and respect for the scale of existing development in the district. Testimony and Commission considerations could result in recommendations of modifications to the proposed legislation.

(Continued from Regular Meeting of October 28, 1999)

SPEAKER(S): Chris Hopper, Aaron Peskin, Joanne Levy

ACTION: Approved

AYES: Theoharis, Mills, Chinchilla, Joe, Antenore, Richardson

ABSENT: Martin

RESOLUTION No.: 14918

16. 99.585ET (ROSETTER)

NORTH BEACH USE SIZE AMENDMENT - Consideration of a proposal to amend the Planning Code (Zoning Ordinance) by amending Sections 178 and 186.1 to reduce the period of nonuse for conditional and nonconforming uses to be deemed abandoned in the North Beach Neighborhood Commercial District (NCD) from 3 years to 18 months and to provide that, in the North Beach NCD, a use that exceeds the use size provisions for that district can be changed to another use only as authorized by another conditional use authorization which specifically considers the use size findings; and by amending Sections 121.1 and 722.21 to reduce from 2,500 to 2,000 square feet the use size threshold over which uses in the North Beach NCD need a conditional use and to establish 4,000 square feet as the maximum use size in the North Beach NCD. Testimony and Commission considerations could result in recommendations of modifications to the proposed legislation.

(Continued from Regular Meeting of October 28, 1999).

SPEAKER(S): Aaron Peskin, Bob Planthold, Steve Vettel, Danni Leoni

ACTION: Approved as amended:

- except that in the North Beach Neighborhood Commercial District, this Subsection 121.2(b) shall not apply to a "Movie Theater" of "Other Entertainment" uses as defined in Article 7 of this Code when located in multi-story buildings existing prior to November 1, 1999, which buildings were originally constructed for single-tenant commercial occupancy.

AYES: Theoharis, Mills, Joe, Antenore, Richardson

NAYES: Chinchilla

ABSENT: Martin

RESOLUTION No.: 14919

17. 1998.090RM (MONTANA)

INITIATE GENERAL PLAN MAP AMENDMENTS, Consideration of a proposal to initiate amendments to various maps of the General Plan to facilitate the redevelopment of blighted properties in Assessor's Block 3705 bounded by Market, Mission, Fourth and Fifth Streets and which are proposed to be included within the Yerba Buena Center (YBC) Redevelopment Plan and Project Area to accommodate the redevelopment of the former Emporium Building site and environs. The specific parcels deemed to represent the "Project Site" include Lots 9, 10, 12, 13, 14, 15, 17, 18, 33, 38, and 43 of Assessor's Block 3705 and Assessor's Block 3704, Lot 67. The maps of the General Plan that would be considered for amendment are: (1) The map entitled "Streets are Important to the Perception of the City" found on page I.5.16 of the Urban Design Element of the General Plan, to be amended to remove a portion of Jessie Street which would be reconfigured by the YBC Redevelopment Plan Amendment and Emporium Site redevelopment project ("Project"); (2) Map 1 on page II.1.9 of the Downtown Area Plan, "Downtown Land Use and Density Plan" which would be amended to include the Project Site in the YBC Redevelopment Plan area; (3) Map 3 on page II.1.21 of the Downtown Area Plan, "Major Open Spaces", which would be amended to show the Project Site as included within the YBC Redevelopment Plan Area; (4) Map 5 on page II.1.29 of the Downtown Area Plan, "Proposed Height and Bulk Districts", which would be amended to show the Project Site as included within the YBC Redevelopment Plan Area; (5) Map 7 on page II.1.47 of the Downtown Area Plan, "Proposed Pedestrian Network: Downtown District", would be amended to remove Jessie Street within Block 3705 as a "Pedestrian/Service Street"; (6) Map 2 on page I.2.6 of the Commerce and Industry Element, "Generalized Commercial and Industrial Density Plan" which would be amended to include the Project Site within the YBC Redevelopment Plan Area; and (7) Map 1 on page I.2.5 of the Commerce and Industry Element, "Generalized Commercial and Industrial Land Use Plan", which would be amended to show the Project Site as included within the YBC Redevelopment Plan Area. The Planning Commission will consider initiation of these amendments on November 4, 1999 and, if so initiated, would schedule a public hearing for ~~December 16, 1999~~ in January 2000 to consider the adoption of these amendments, after certification of a final environmental analysis. For information on these amendments, or the environmental analysis, please contact planner Susana Montana at (415) 558-6313.

SPEAKER(S): None

ACTION: Approved

AYES: Theoharis, Mills, Chinchilla, Joe, Antenore, Richardson

ABSENT: Martin

MOTION No.: 14920

18. 1998.090RT (MONTANA)

INITIATE ZONING MAP AMENDMENTS, Consideration of a proposal to initiate amendments to Map 1H of the Zoning Map to facilitate the redevelopment of blighted properties on Assessor's Block 3705, bounded by Market, Mission, Fourth and Fifth Streets. The specific parcels deemed to represent the "Project Site" include Lots 9, 10, 12, 13, 14, 15, 17, 18, 33, 38, and 43 of Assessor's Block 3705. The current building height and bulk designations for the Project Site are 120-X and 160-S (north of Jessie Street) and 160-F (south of Jessie Street) and would be reclassified to designate the Project Site as 135-X, 200-X and 400-X Height and Bulk Districts. The Planning Commission will consider initiation of these amendments on November 4, 1999 and, if so initiated, would schedule a public hearing ~~for December 16, 1999~~ in January 2000 to consider the adoption of these amendments, after certification of a final environmental analysis. For information on these amendments, or the environmental analysis, please contact planner Susana Montana at (415) 558-6313.

SPEAKER(S): None

ACTION: Approved

AYES: Theoharis, Mills, Chinchilla, Joe, Antenore, Richardson

ABSENT: Martin

MOTION No.: 149218

19. 98.559E (MALTZER)

1 ARKANSAS STREET. Assessor's Block 3952, Lot 1C. Appeal of Preliminary Negative Declaration. Proposed conversion of a manufacturing facility to personal services/office or light manufacturing with some offices at 1 Arkansas Street and Sixteenth Street, with the southern portion of the site being a rectangular shaped parking lot. The applicant would retain 7,000 square feet of office use and convert 2,276 square feet of office use and 22,867 square feet of manufacturing and warehouse use to 15,000 square feet of personal services and 10,666 square feet of manufacturing and warehouse uses. The proposed conversion would include adding 523 square feet to the existing building envelope. The applicant would be providing four new off-street parking spaces in addition to the existing three off-street parking spaces, for a total of seven off-street parking spaces.

(Continued from Regular Meeting of October 28, 1999)

APPEAL WITHDRAWN

20. 1999.322C (KOONTS)

705-709 UNION STREET, south side between Powell and Mason Streets; Lot 1 in Assessor's Block 118: -- Request for Conditional Use authorization to convert an existing basement from a storage use and an existing retail space on the first floor to a business or professional service use under Section 722.53 of the Planning Code, and for a proposed use size in excess of the 2,499 square feet currently permitted for nonresidential uses under Section 722.21 of the Planning Code in the North Beach Neighborhood Commercial District and a 40-X Height and Bulk District.

(Continued from Regular Meeting of October 21, 1999)

SPEAKER(S): Danny Lioni

ACTION: Approved

AYES: Theoharis, Mills, Chinchilla, Joe, Antenore, Richardson

ABSENT: Martin

MOTION No.: 14922

21. 1999.485C (KOONTS)

1326 GRANT AVENUE, east side between Green and Vallejo Streets; Assessor's Block 132, Lot 28: -- Request for Conditional Use authorization to convert an existing small self-service restaurant with live entertainment (non-amplified acoustic music) to a bar with live entertainment (non-amplified acoustic music) under Section 722.41 of the Planning Code in the North Beach Neighborhood Commercial District and a 40-X Height and Bulk District.

(Continued from Regular Meeting of October 21, 1999)

SPEAKER(S): Peter Maher, Scott Moilton, Timothy Cabrero, John Talbott, Joseph McDonald, Dani Lioni, Michael Johnson, John Shaw,

ACTION: Public Hearing Closed. Intent to Approve

AYES: Theoharis, Mills, Chinchilla, Joe, Antenore, Richardson

ABSENT: Martin

FINAL LANGUAGE: 11/18/99

22. 1999.511C (PAEZ)

900 LAGUNA HONDA BOULEVARD, south side between Portola Drive and Ulloa Street, Assessor's Block 2915 Lot 1: Request for authorization of a Conditional Use and treatment of the site as a Planned Unit Development (PUD), to allow expansion of an existing institutional use, Saint Brendan's Parish Church and Elementary School, by the construction of an approximately 8500 square-foot multi-purpose building, at the south end of the property, which \would include a gymnasium, offices, meeting rooms and a kitchen in an RH-1(D) (House, One-Family, Detached Dwellings) District and a 40-X Height and Bulk District.

SPEAKER(S): Bob McCarthy, Bud Wilson, Joe Toboni, William Welsh, Janna McLeod, Michael DeLiso, Mathew Bernstein, Elliott Smith

ACTION: Approved

AYES: Theoharis, Mills, Chinchilla, Joe, Antenore, Richardson

ABSENT: Martin

MOTION No.: 14923

23. 99.656C (BORDEN)

1331 9TH AVENUE, west side, between Irving and Judah Streets; Lot 7 in Assessor's Block 1764 -- Request for a Conditional Use authorization under Planning Code Section 711.43 (Large Fast Food Restaurant) to change the use of a vacant retail space on the first floor of an existing building in the NC-2 (Small-Scale Neighborhood Commercial) District and a 40-X Height and Bulk District.

SPEAKER(S): None

ACTION: Without hearing, continued to 11/18/99

AYES: Theoharis, Mills, Chinchilla, Joe, Antenore, Richardson

ABSENT: Martin

24. 1998.497X (LINDSAY)

215 FREMONT STREET, southeast corner of Fremont and Howard Streets, Lot 12 in Assessor's Block 3738 -- Request for determination of compliance and request for exceptions to the reduction of ground-level wind current requirements (as permitted in Planning Code Section 148), the freight loading and service vehicle space requirements (as permitted in Section 161(i)) and the bulk requirements (as permitted in Sections 270 and 272) pursuant to Section 309 with respect to a proposal to rehabilitate and seismically upgrade an existing six-story office building through the demolition of a 19,800 square foot, four-story penthouse structure and its replacement with a new full seventh floor and partial eighth floor, with a total increase in the building's floor area to be approximately 47,240 square feet. At the ground floor, 21,660 square feet of office space is proposed to be converted to retail space, with individual retail spaces no larger than 5,000 square feet, and 1,730 square feet of ground floor office space is proposed to be converted to a pedestrian arcade along the building's Fremont Street facade. The net increase in office space and gross floor area for the building would be 24,950 square feet. The project would also renovate and upgrade the building's foundations, structural frame and exterior walls, which are proposed to be refurbished with new materials and glazing. The project site is within a C-3-O(SD) [Downtown Office Special Development] District and 350-S and 200-S Height and Bulk Districts.

SPEAKER(S): Andrew Junius, Sue Hestor, Craig Richmond

ACTION: Approved as amended:

- Date project is completed any square footage change is to be reviewed by Planning.

AYES: Theoharis, Mills, Chinchilla, Joe, Antenore, Richardson

ABSENT: Martin

MOTION No.: 14924

25. 98.266B (ALVIN)

1890 BRYANT STREET, bounded by Bryant Street on the east, Mariposa Street on the south and Florida Street on the west; Lots 4 in Assessor's Block 3970 -- Request under Planning Code Section 321 for authorization to add approximately 115,896 square feet of office space (through the addition of two new stories and conversion of warehouse to office space within the existing building) to the City's office development annual limit. The property is in a M-1 (Light-Industrial) Zoning District and a 65-B Height and Bulk District and within the Northeast Mission Industrial Zone (NEMIZ) and the new Industrial Protection Zone (IPZ).

(Continued from Regular Meeting of October 28, 1999)

SPEAKER(S): Brett Gladstone, Sue Hestor, Joan Holdeny

ACTION: Public hearing closed, continued to 11/18/99

AYES: Theoharis, Mills, Joe,Antenore, Richardson

NAYES: Chinchilla

ABSENT: Martin

26. 99.351E (CHAN)

528 6th STREET/317 HARRIET STREET Appeal of a Preliminary Negative Declaration. Assessor's Block 3779, Lots 3 and 125 - The proposed project would merge two lots into one and construct 24 live/work units and 24 off-street underground parking spaces within a new three story (with mezzanines) structure. The new building would be approximately 55' in height and would have vehicular access to the underground parking from 6th Street. The project would replace an existing surface parking lot. The proposed project site is located within the SLI (Service/Light Industrial Mixed Use) zoning district and within the 50-X Height and Bulk District. The site is also within the Planning Commission's adopted Industrial Protection Zone (IPZ).

(Continued from Regular Meeting of October 28, 1999)

SPEAKER(S): Sue Hestor, Cynthia Marcorpolis, Robin Moor, Alice Barkley, Joe O'Donoghue

ACTION: Public hearing closed.Approved. Upheld Negative Declaration

AYES: Theoharis, Mills, Chinchilla,, Richardson

NAYES: Antenore, Joe

ABSENT: Martin

MOTION No.: 14925

F. SPECIAL DISCRETIONARY REVIEW HEARING

AT APPROXIMATELY 4:30 PM THE PLANNING COMMISSION CONVENED INTO A SPECIAL DISCRETIONARY REVIEW (DR) HEARING.

27. 1999.351D (BANALES)

528-6TH STREET/317 HARRIET STREET, through lot fronting on Harriet and 6th Streets on the block bounded by Bryant and Brannan Streets, Lots 003 and 125 in Assessor's Block 3779, proposing the new construction of a live/work building in a SLI (Service/Light Industrial) District, a 50-X Height and Bulk District and within an Industrial Protection Zone.

SPEAKER(S): Ross Schendel, Robin Moor, Joe O'Donoghue, Gary Gee, Alice Barkley

ACTION: Approved

AYES: Theoharis,Chinchilla, Mills, Richardson

NAYES: Antenore, Joe

ABSENT: Martin

28. 1999.168D (PURVIS)

374 - 11TH STREET, south side between Folsom and Harrison Streets, Lot 012 in Assessor's Block 3521 -- Request for Discretionary Review of Building Permit Application No. 9902812, proposing to demolish a two-story industrial building and construct a six-unit live/work building in a SLR (Service/Light Industrial/Residential Mixed Use) District and a 50-X Height and Bulk District.

(Continued from Regular Meeting of October 21, 1999)

Note: On October 21, 1999, following public testimony, the Commission Closed the Public Hearing.

SPEAKER(S): Ross Schendel, Robin Moor, Joe O'Donoghue, Gary Gee, Alice Barkley

ACTION: Approved

AYES: Theoharis,Chinchilla, Mills, Richardson

NAYES: Antenore, Joe

ABSENT: Martin

29. 98.989D (LI)

324 LARKIN STREET, east side between Golden Gate Avenue and McAllister Street, Lot 009 in Assessor's Block 0347 -- Request for Discretionary Review of Building Permit Application No. 9821487, proposing to eliminate two legal units and one illegal unit in the basement of the existing 24-unit building in a RC-4 (Residential-Commercial Combined, High Density) District.

(Continued from Regular Meeting of October 7, 1999)

Note: On August 26, 1999, following public testimony, the Commission Closed the Public Hearing.

SPEAKER(S): None

ACTION: Without hearing, continued to 12/9/99

AYES: Theoharis,Chinchilla, Mills, Richardson, Antenore, Joe

ABSENT: Martin

30. 1999.635D (BILLOVITS)

580 HAYES STREET, northeast corner of the intersection at Laguna Street, Lot 10 in Assessor's Block 807 -- Request for Discretionary Review of Building Permit Application No. 9913076, proposing commercial tenant improvements to establish a Rite Aid drug and variety retail store in an existing 5,800 square-foot building now occupied by the Hayes Valley Market in the Hayes-Gough Neighborhood Commercial District

SPEAKER(S): Paul Davis, Elizabeth Shifford, Matt Painter, Sarah Young, Jerry Jerma, Lois Scott, Robin Levitt, Mary Ann Miller, Michael Herrett, Joan Howell, Gary Baxter, patrick duran, Jim Rhodes, Rick Craft, Tapple Dufresne, terry stark, Yolanda Duran, Wayne Hu, Vidal Harsa, James Hooker, Ghada Karsha, Claire Pilcher, Jaime Turrey, William Lutes, Daniel Bacon, Jeff Halpert, Robert McCarthy

ACTION: Take D.R. and disapproved.

AYES: Antenore, Mills, Richardson

NAYES: Theoharis,Chinchilla, Joe

ABSENT: Martin

THE DRAFT MINUTES WERE PROPOSED FOR ADOPTION AT THE REGULAR MEETING OF THURSDAY, DECEMBER 9, 1999.

ACTION: Approved

AYES: Theoharis, Mills, Antenore, Chinchilla, Richardson, Joe, Martin

Adjournment: _________

SAN FRANCISCO

PLANNING COMMISSION

Minutes of Meeting

Commission Chamber - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, November 18, 1999

1:30 PM

Regular Meeting

PRESENT: Theoharis, Mills, Antenore, Chinchilla, Joe, Martin, Richardson

THE MEETING WAS CALLED TO ORDER BY PRESIDENT THEOHARIS AT 1:50 P.M.

STAFF IN ATTENDANCE: Gerald G. Green - Director of Planning, Mary Gallagher - Zoning Administrator, Kelly LeBlanc, Hillary Gitelman, Paul Rosetter, Allison Borden, Sharon Young, Jonathan Purvis, Mary Woods, Linda D. Avery - Commission Secretary.

A. ITEMS TO BE CONTINUED

1. 99.490C (PURVIS)

1 HARRISON STREET, between Spear Street and The Embarcadero; Lot 2 in Assessor's Block 3769: Request for Conditional Use Approval under Planning Code Section 303 to remove a previous condition of approval provided under Motion 11149, in order to allow the conversion of 17,950 square feet of retail and service uses into office uses within an M-1 (Light Industrial) District with an 84-X Height and Bulk Designation.

(Proposed for Continuance to January 13, 2000)

SPEAKER(S): None

ACTION: Continued as proposed

AYES: Theoharis, Mills, Antenore, Chinchilla, Joe, Martin, Richardson

2. 98.173E (MALTZER)

526-548 BRANNAN STREET; NEW CONSTRUCTION OF 108 LIVE/WORK UNITS: Assessor's Block 3777, Lots 38 and 41, on Brannan and Freelon Streets between Fourth and Fifth Streets in a Service/Light Industrial (SLI) Zoning District. To consider an appeal of the Preliminary Negative Declaration on the proposed project. The site is currently contains a two-story office building and a one-story to two-story building containing a warehouse, offices, and retail outlet for an import company; and a shed. The proposed project encompasses merging the two lots; subdividing the resulting lot into three lots; demolishing the existing buildings, and constructing three four-story, 55-foot tall live/work buildings, each containing 36 live/work units in three levels with mezzanines totaling about 34,000 square feet and 36 parking spaces in a ground floor parking garage, for a total of 108 live/work units totaling about 102,000 square feet and 108 parking spaces. Garage access and egress for each building would be on Brannan Street.

(Continued from Regular Meeting of October 28, 1999)

(Proposed for Continuance to December 2, 1999)

SPEAKER(S): None

ACTION: Continued as proposed

AYES: Theoharis, Mills, Antenore, Chinchilla, Joe, Martin, Richardson

3. 98.599E (WONG)

2361 LOMBARD STREET -126-Room Hotel; Appeal of Preliminary Negative Declaration. South side between Scott and Pierce Streets; Lots 19, 20, 21, 22, 25, 26, and 30 in Assessor's Block 512; within an NC-3 (Moderate-Scale Neighborhood Commercial) zoning district and within a 40-X height and bulk district. Proposed demolition of an existing 24-room motel, a 4,400 square-foot restaurant, an auto repair establishment, and flower stand. A new hotel would be constructed with about 102-126 hotel guest rooms. The new building would be 4 stories, approximately 80,152 square feet, and approximately 40 feet in height. About 85-102 parking spaces would be provided, with ingress/egress on Scott Street and on Lombard Street. One level of parking would be underground.

(Continued from Regular Meeting of October 21, 1999)

(Proposed for Continuance to December 16, 1999)

SPEAKER(S): None

ACTION: Continued as proposed

AYES: Theoharis, Mills, Antenore, Chinchilla, Joe, Martin, Richardson

4. 98.891E (AHMADI)

2002 THIRD STREET & 595 MARIPOSA STREET, Appeal of Preliminary Negative Declaration. Construction of two new four-story, 50 feet tall buildings on two adjacent vacant lots. The new structures would have 40 live/work units with 40 off-street parking spaces on the Third/Mariposa Streets lot and 8 live/work units with 8 off-street parking spaces on the Mariposa/Tennessee Streets lot. The two lots are on Assessor's Block 3995 - Lots 23 and 22. The proposed buildings are located in an M-2 (Heavy Industrial) Zoning District within a 50-X height/bulk district in the Central Waterfront area.

(Continued from Regular Meeting of October 28, 1999)

(Proposed for Continuance to December 2, 1999)

SPEAKER(S): None

ACTION: Continued as proposed

AYES: Theoharis, Mills, Antenore, Chinchilla, Joe, Martin, Richardson

5. 99.556D (BEATTY)

361 LOMBARD STREET, south side between Kearny Street and Grant Avenue, Lot 041 in Assessor's Block 0078 -- Request for Discretionary Review of Building Permit Application No. 9903366, proposing to legalize a hot tub on the roof of the two-unit building and its mechanical equipment in a light well in an RH-3 (House, Three-Family) District and a 40-X Height and Bulk District.

(Continued from Regular Meeting of October 28, 1999)

Note: On October 28, 1999, the Commission passed a Motion of Intent to Disapprove by a vote of +6 to -0. Commissioner Chinchilla was absent.

(Proposed for Continuance to December 2, 1999)

SPEAKER(S): None

ACTION: Continued as proposed

AYES: Theoharis, Mills, Antenore, Chinchilla, Joe, Martin, Richardson

6. 1999.270DD (BIILLOVITS)

2836-38 WASHINGTON STREET, north side between Scott and Divisadero Streets, Lot 013 in Assessor's Block 0979 -- Request for Discretionary Review of BPA Nos. 9903501 and 9903695S, proposing the installation of an underground garage and interior remodeling of an existing two-unit building in a RH-2 (House, Two-Family) District.

(Proposed for Continuance to December 9, 1999)

SPEAKER(S): None

ACTION: Continued as proposed

AYES: Theoharis, Mills, Antenore, Chinchilla, Joe, Martin, Richardson

B. PUBLIC COMMENT

(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): Alexander Seidel

Marilyn Tector

Re: 634 Los Palmos Dr. (Support) - unable to attend

on 12/16.

Sue Hestor

Re: 160 King Street

Robert

Re: 634 Los Palmos Dr. (Support) - unable to attend on 12/16.

C. COMMISSIONERS' QUESTIONS AND MATTERS

7. Commission Matters.

Antenore: 412 Broadway (Aaron Peskin) report from staff at next hearing by Zoning Administrator - calendar on 12/2.

Theoharis: Check on Item #6 2836-38 Washington Street - informational presentation on 12/2.

D. DIRECTOR'S REPORT

8. Director's Announcements.

- School for Self Healing - Report to Commission on 12/9.

- Joint Hearing with DBI - Will be schedule around the end of January.

- Verbal Report on Article 10 of the Planning Code.

- Verbal Report on Historic Preservation re: list of bldgs. connected to significant historical events.

9. Review of Past Week's Events at the Board of Supervisors & Board of Appeals.

None

E. CONSIDERATION OF FINDINGS AND FINAL ACTION -- PUBLIC HEARING CLOSED

10. 99.559C (KEYLON)

714 VAN NESS AVENUE, east side between Turk and Eddy Streets, Lot 7 in Assessor's Block 742- Request for Conditional Use for a large fast food restaurant under Planning Code Section 243(c) to change use from retail use as a laundry/dry cleaners (The Valetors of San Francisco) to a large fast food restaurant (Wendy's) in an RC-4 (Residential-Commercial, High Density) District, 130-V Height and Bulk district, within the Van Ness Special Use District.

Note: On October 28, 1999, following public testimony, the Commission Closed the Public Comment Period. A Motion of Intent to Disapprove carried by a vote of +6 to -0. Commissioner Chinchilla was absent.

SPEAKER(S): None

ACTION: Disapproved

AYES: Theoharis, Mills, Antenore, Joe, Martin, Richardson

EXCUSED: Chinchilla

MOTION No.: 14930

11. 1999.485C (KOONTS)

(Continued from Regular Meeting of November 4, 1999)

Note: On November 4, 1999, following public testimony, the Commission closed the Public Comment Period. A Motion of Intent to approve carried by a vote of +6 to -0. Commissioner Martin was absent.

SPEAKER(S): None

ACTION: Without hearing, continued to 12/2/99

AYES: Theoharis, Mills, Antenore, Chinchilla, Joe, Martin, Richardson

12. 99.650D (LeBLANC)

3630 JACKSON STREET, north side between Maple and Spruce Streets, Lot 005 in Assessor's Block 0969 -- Request for Discretionary Review of Building Permit Application No. 9909429S, proposing to construct a bay window with balcony above at the rear of the existing four-story, single-family dwelling in a RH-1 (House, One-Family) District.

(Continued from Regular Meeting of October 28, 1999)

Note: On October 28, 1999, following public testimony, the Commission Closed the Public Comment Period and passed a motion of intent to approve with modifications by a vote of +6 -0. Commissioner Chinchilla was absent.

SPEAKER(S): None

ACTION: Approved as modified:

- The depth of the proposed project, measured from the front property line, should be reduced by a minimum of 4 feet, so that the edge of the exterior wall of the project is at or behind the southern edge of the adjacent neighbor's patio.

AYES: Theoharis, Mills, Antenore, Joe, Martin, Richardson

EXCUSED: Chinchilla

F. CONSENT CALENDAR

13. 99.661Q (PURVIS)

2030 BROADWAY, south side between Buchanan and Laguna Streets, Lot 13 in Assessor's Block 566, five-unit residential condominium conversion subdivision in an RM-1 (Residential, Mixed, Low Density) District.

SPEAKER(S): None

ACTION: Approved

AYES: Theoharis, Mills, Antenore, Chinchilla, Joe, Martin, Richardson

G. REGULAR CALENDAR

14. 1999.176E (GITELMAN)

235 SECOND STREET, WILLIAM SONOMA MIXED USE DEVELOPMENT. Public Hearing on the Draft Environmental Impact Report (EIR). The proposed project would demolish seven existing one-and two-story buildings, and expand an existing four-story warehouse building to create a seven-story (88-feet tall) building containing about 180,800 sf of office space, 40,000 sf of production and light manufacturing space, 26,600 sf of shipping, loading, and handling space, and about 50 parking spaces. The project site is bounded by Second, Tehama, and Clementina Streets in the South of Market area, Assessor's Block 3736, Lots 60, 61, 62, 64, 65, 66 and 67. (NOTE: Written comments on the Draft EIR will be accepted by the Planning Department until which ever is later.)

SPEAKER(S): None

ACTION: Continued to 12/2/99

AYES: Theoharis, Mills, Antenore, Chinchilla, Joe, Martin, Richardson

15. 99.027E (COOPER)

160 KING STREET, CERTIFICATION OF ENVIRONMENTAL IMPACT REPORT. Theproposed project would demolish the existing three-story building at 151-161 Townsend Street, between Second and Third Streets (Assessor's Block 3794, Lot 25) and construct a new, nine-story (plus mechanical penthouse), 105-foot-tall office building, including 352 off-street parking spaces on a basement level and the first four above-ground levels, and one freight loading space. The proposed new building would contain approximately 156,000 gross square feet (gsf) of office space and about 9,000 gsf of ground floor retail space. The site is a through-lot with frontages on Townsend and King Streets, directly across King Street from Pacific Bell Park, and is in an M-2 (Heavy Industrial) zoning district and a 105-F height and bulk district. NOTE: THE PUBLIC HEARING FOR THIS ITEM IS CLOSED; THE PUBLIC COMMENT PERIOD FOR THE DRAFT EIR ENDED ON OCTOBER 11, 1999.

SPEAKER(S): None

ACTION: Continued to 12/9/99

AYES: Theoharis, Mills, Antenore, Chinchilla, Joe, Martin, Richardson

16. 1999.512T (ROSETTER)

(Continued from Regular Meeting of November 4, 1999)

SPEAKER(S): Ralph Miller, Steven Cornwell

ACTION: Approved as amended:

- and the Department shall disseminate all the various required hearing notices again with the disclosed name and allow the prescribed time between the date of the notice and the date of the hearing.

AYES: Theoharis, Mills, Antenore, Chinchilla, Joe, Martin, Richardson

RESOLUTION No.: 14929

17. 99.656C (BORDEN)

(Continued from Regular Meeting of November 4, 1999)

SPEAKER(S): Linda West, Angel Stovanoy

ACTION: Public Hearing Closed. Intent to Approved. Final Language 12/2/99

AYES: Theoharis, Mills, Antenore, Chinchilla, Joe, Martin, Richardson

18. 98.266B (ALVIN)

(Continued from Regular Meeting of November 4, 1999)

SPEAKER(S): None

ACTION: Continue Indefinitely

AYES: Theoharis, Mills, Antenore, Chinchilla, Joe, Martin, Richardson

19. 1999.438CV (ALVIN)

2642-46 3RD STREET, west side of 3rd Street between 22st and 23rd Streets, Lot 21 in Assessor's Block 4172-- Request for Conditional Use Authorization under Planning Code Section 161(j) to add two dwelling units without providing two additional off-street parking spaces. The property is in an NC-2 (Small Scale Neighborhood Commercial) District, and a 50-X Height and Bulk District.

(Continued from Regular Meeting of November 4, 1999)

SPEAKER(S): None

ACTION: Approved

AYES: Theoharis, Mills, Antenore, Chinchilla, Joe, Martin, Richardson

MOTION No.: 14926

20. 1999.438CV (ALVIN YOUNG ALVIN)

2642-46 3RD STREET, west side of 3rd Street between 22st and 23rd Streets, Lot 21 in Assessor's Block 4172-- Request for a variance under Section 135(g)(2) to reduce the width of an inner court to be used as common open space between the two proposed structures. The property is in an NC-2 (Small Scale Neighborhood Commercial) District, and a 50-X Height and Bulk District.

(Continued from Regular Meeting of November 4, 1999)

SPEAKER(S): None

ACTION: Zoning Administrator closed public hearing.

21. 99.489C (PURVIS)

201 9TH STREET, between Howard and Folsom Streets; Lot 82 in Assessor's Block 3729: Request for Conditional Use Authorization under Planning Code Section 181 (f) to permit the intensification of operation for a legal non-conforming nighttime entertainment use (known as "Asia SF") in an SLR (Service/Light Industrial/Residential) District within the South of Market Mixed Use District with a 50-X Height and Bulk Designation.

SPEAKER(S): Jeremy Paul, Officer Rose Meyer, Sharon Birch, John Stevens, John Fox, Carlos Castillo, Rosemarie Hastings, Amelia Rios, Caitriona O'Mahony, Ann Marie Bruchalski, Mathew Birder, Roselle Ruperto

ACTION: Approved as amended:

- night entertainment with limited hours.

AYES: Theoharis, Mills, Antenore, Chinchilla, Joe, Martin, Richardson

MOTION No.: 14936

22. 99.363C (WOODS)

2237 UNION STREET, south side between Fillmore and Steiner Streets, Lot 031 in Assessor's Block 0539 -- Request for Conditional Use Authorization under Section 161(j) of the Planning Code to allow reduction of the off-street parking requirement from one space to zero in order to convert the existing top two floors of commercial (office) use to one residential unit, and to maintain the ground floor commercial (office) use in an existing three-story building in the Union Street Neighborhood Commercial District with a 40-X Height and Bulk District.

SPEAKER(S): None

ACTION: Approved

AYES: Theoharis, Mills, Antenore, Chinchilla, Joe, Martin, Richardson

MOTION No.: 14927

23. 99.367C (WILSON)

634 LOS PALMOS DRIVE, north side between Globe Alley and Emil Lane; Lot 7 in Assessor's Block 3005C - Request for a Conditional Use authorization to allow the establishment of a residential care facility for 7 or more persons, pursuant to Planning Code Section 209.3(c), in an RH-1(D) (House, One-Family Detached) District and a 40-X Height and Bulk District.

SPEAKER(S): None

ACTION: Without hearing, continued to 12/16/99

AYES: Theoharis, Mills, Antenore, Chinchilla, Joe, Martin, Richardson

24. 99.612C (LeBLANC)

488 HAYES STREET, on the north side between Octavia and Gough Streets; Lot 016 in Assessor's Block 0808 -- Request for Conditional Use authorization to allow "Other Entertainment", as required per Section 720.48 (and defined in Section 790.38) of the Planning Code, at a bar located within the Hayes-Gough Neighborhood Commercial District and a 40-X Height and Bulk District.

SPEAKER(S): None

ACTION: Approved

AYES: Theoharis, Mills, Antenore, Chinchilla, Joe, Martin, Richardson

MOTION No.: 14928

AT APPROXIMATELY 5:25 PM THE PLANNING COMMISSION CONVENED INTO A SPECIAL DISCRETIONARY REVIEW (DR) HEARING.

25. 98.712D (ZWIERZYCKI)

36-46 STATES STREET, north side between Castro and Douglass Streets, Lots 014 and 059 in Assessor's Block 2622 -- Request for Discretionary Review of Building Permit Application Nos. 9904793 and 9908403/4/5, proposing to demolish a dwelling unit on Lot 059, subdivide Lot 059 and construct six units on three resulting lots in a RH-2 (House, Two-Family) District.

(Continued from Regular Meeting of September 23, 1999)

Note: On October 14, 1999, following public testimony, the Commission Closed the Public Comment Period. The Planning Commission requested that the Project Sponsor meet with the neighborhood to revise plans to accommodate neighborhood concerns.

SPEAKER(S): None

ACTION: Without hearing, continued to 12/2/99

AYES: Theoharis, Mills, Antenore, Chinchilla, Joe, Martin, Richardson

26. 99.060D (PURVIS)

139 STILLMAN STREET, south side between 3rd and 4th Streets, Lot 125 in Assessor's Block 3762 -- Request for Discretionary Review of Building Permit Application No. 9912968S, proposing the new construction of an 8-unit live/work building on a vacant lot in a SLI (Service/Light Industrial) District, a 40-X Height and Bulk District and within a Mixed Use Area.

(Continued from Regular Meeting of November 4, 1999)

SPEAKER(S): Sue Hestor, Warren Small

ACTION: No D.R. Project approved

AYES: Theoharis, Mills, Antenore, Chinchilla, Joe, Martin, Richardson

27. 99.061D (PURVIS)

113 STILLMAN STREET, south side between 3rd and 4th Streets, Lot 122 in Assessor's Block 3762 -- Request for Discretionary Review of Building Permit Application No. 9912951S, proposing the demolition of one commercial building and the new construction of a 14-unit live/work building in a SLI (Service/Light Industrial) District, a 40-X Height and Bulk District and within a Mixed Use Area.

(Continued from Regular Meeting of November 4, 1999)

SPEAKER(S): Sue Hestor, Warren Small

ACTION: No D.R. Project approved

AYES: Theoharis, Mills, Antenore, Chinchilla, Joe, Martin, Richardson

THE DRAFT MINUTES WERE PROPOSED FOR ADOPTION AT THE REGULAR MEETING OF THE PLANNING COMMISSION ON THURSDAY, DECEMBER 2 9, 1999.

ACTION: Approved

AYES: Theoharis, Mills, Antenore, Chinchilla, Richardson, Joe, Martin

Adjournment: 6:07 p.m.

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