SAN FRANCISCO

PLANNING COMMISSION

Meeting Minutes

Commission Chambers - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, January 25, 2007

1:30 PM

Regular Meeting

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

COMMISSIONER ABSENT: None

THE MEETING WAS CALLED TO ORDER BY PRESIDENT ALEXANDER AT 1:31 P.M.

STAFF IN ATTENDANCE: Dean Macris – Director of Planning, Larry Badiner – Zoning Administrator, Amit Ghosh – Chief Planner, Alicia John-Baptiste, Glenn Cabreros, April Hasik, Elizabeth Watty, Michael Li, 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. 2006.0949DDDDDDD (M. SMITH: (415) 558-6322)

376 EUREKA STREET - west side between 20^th and 21^st Streets, Lot 017 in Assessor's Block 2749 - Request for Discretionary Review of Building Permit Application No. 2005.08.30.1650, proposing to raise the building two-feet to construct a ground floor garage, add dormers, and construct a two-story horizontal addition at the rear, located in a RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.

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

(Proposed for Continuance to February 15, 2007)

SPEAKERS:

Sue Hestor: Requested continuance to March 1 to be able to make models.

Priscilla Botsford: Requested continuance to March 1. Needs more time to make models and decide whether or not to continue the Discretionary Review.

Anders: Represented the owner of the house and would like a continuance to February 15.

ACTION: Continued as proposed

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

ABSENT Olague

2. 2006.1374C (A. HESIK: (415) 558-6602)

1435-1445 STOCKTON STREET - west side between Vallejo and Green Streets (a.k.a. 1435-1445 Stockton Street), Lot 002 in Assessor's Block 0130 - Request for Conditional Use Authorization to establish a small, self-service restaurant of approximately 350 square feet. The proposed use is not formula retail as defined in Section 703.3 of the Planning Code. The proposal is to modify the existing ground-floor retail use (d.b.a.  A. Cavalli Bookstore ) by adding a self-service café within the bookstore. There would be no physical expansion of the existing building. The site is within the North Beach Neighborhood Commercial District and a 40-X Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

(Proposed for Continuance to February 22, 2007)

SPEAKERS None

ACTION: Continued as proposed

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

ABSENT Olague

3. 2006.1379D (T. SULLIVANE-LENANE: (415) 558-6257)

26 BRODERICK STREET - east side between Haight and Waller Streets; Lot 020 in Assessor's Block 1240 - Request for Discretionary Review of Building Permit Application No. 2006.0918.2553, proposing to expand the existing attic under the sloped roof to create additional habitable space for the residence. The subject property is located within an RH-3 (Residential, House, Three-Family) District and 40-X Height and Bulk District.

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

DISCRETIONARY REVIEW APPLICATION WITHDRAWN

Categories B & C were taken out of order and followed item 13.

B. COMMISSIONERS' QUESTIONS AND MATTERS

1. Commission Comments/Questions

Commissioner Sugaya:

-I asked staff to provide more detail on the solar panel.

-They checked with the City Attorney and unless they are tide to a larger project, panels are going to start showing up.

-As a reminder to staff, I'd still like to get a quick status report on the Preservation Element.

Commissioner Moore

-On December 7, we met with the Building Inspection Commission and agreed to work in closer collaboration.

-I attended an annual Pacific Earthquake/Engineer Research Institute [PER] meeting on January 19. It focused on tall building design.

-Tall buildings create a demand for performance. These approaches would enable construction using a new framing system that would allow additional height

-PER is responding to this need by leading an initiative to develop design criteria for tall buildings -- ensuring they are safe in earthquakes.

-We need to work in closer coordination and collaboration with city departments of all levels.

-I ask you to consider a meeting with DBI in less than two months. We are dealing with high building applications.

-There is a possibility of a DBI sub-committee and I would like be part of it.

-Received an invitation from the Mayor's Office for a reception next Wednesday.

Commissioner Olague

-There was a recent sell of the Armory to a pornographic company.

-This store would be within two blocks of an elementary school and I'd like to know if anybody knows about them.

Mr. Badiner, Zoning Administrator

-I would like a copy of the presentation of Pacific Earthquake/Engineer Research Institute [PER]. And it is a good idea to schedule a joint meeting with the DBI Commission.

-Commissioner Sugaya now has the report on the Preservation Element.

-I just received an e-mail to tell us that the owner of the pornographic store in the armory scheduled a meeting for next week at the Planning Department. We do not know yet what permit they are seeking.

Commissioner Antonini:

-An article in the Chronicle mentioned an individual who qualified for a below market-rate property.

-Mortgages are fixed but not home owner association fees.

-We need to educate the public in terms of the steps that need to be taken and show the big picture when buying below market-rate property.

Amit Ghosh:

-I just want to let you know that we are working with the Mayor's Office for additional briefings to address some concerns you have expressed, including affordable housing.

• 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:

-If our regular meeting calendar is long, do not schedule special sessions in the morning.

Commissioner W. Lee:

-I strongly suggest that commissioners meet or call staff when you have questions on certain topics.

-On The Transbay Terminal it would be more efficient to submit questions to staff and get a response to us as a group.

-It would be helpful during Director's Report that you bring to our attention anything in the news you think we should know about.

Commissioner Moore:

-I feel that instead of spending individual time, it would be better to meet and have generalized discussions. That way we all get educated.

-Topics are going to be changing all the time and we could follow a sequence of importance – like, what is coming up that is most urgent?

-I heard President [Supervisor] Peskin suggest that we are picking up the Executive Park construction because of the new consideration of the ballpark. This is a project we might want to have a presentation on.

Director Macris:

-I suggest that next week we have a presentation on the Transbay Terminal because the first three days of next week there will be a panel to review five submissions for the Transbay Tower. Plus we are issuing a request for proposal (RFP), from architectural firm to assist us in the beginning of analysis. It is very timely to hear from you.

-There are a lot of other topics to discuss and you can prioritize them at your convenience.

Commissioner S. Lee

-I do talk to staff and we need to learn how to talk and listen to each other as a body.

Commissioner Olague

-Round table is much better. It invites to dialogue.

-On project presentations, I would like to also hear staff input, but especially from the Supervisor's office of the particular district.

Commissioner Sugaya:

-If possible, I would like to get material in advance for informational hearings.

-I would like a copy of RFP from the Transit Authority for the design competition.

-Informational hearings will be scheduled on Thursdays from 10:30am to 12:30pm when the regular calendar permits with two weeks notice in advance

-Follow sequence of importance as topics come up

-Informational hearing on Transbay Terminal is scheduled for February 1, 2007 10:30am – 12:30pm

C. DIRECTOR'S REPORT

5. Director's Announcements NONE

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

NONE

1. (A. JOHN-BAPTISTE: (415) 558-6547)

Informational presentation on the development of the Department's FY2008 goals, performance measures, and budget.

SPEAKERS: None

ACTION: Informational presentation only. No action required by Commission

8. (D. ALUMBAUGH: (415) 558-6601)

Presentation on the status and content of the Development Plan for Treasure Island. Informational only, no action is requested.

Removed from the calendar without a hearing

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

Calvin Welch: Requested that a hearing be scheduled on three pieces of legislation passed: Eastern Neighborhood Policy, Chapter 36 amendment, and Residential Nexus Analysis.

Eve Bach: Treasure Island Redevelopment Project is promising and complicated. Submitted a letter outlining risks on financial responsibilities.

Denise Dorey: Provided articles about healthy appearance of people using cannabis.

Jon Martinelli: Medical dispensary: vaporizer helps patients in their employment maintain balance from physical and emotional pain.

No name: Medical dispensary: as a volunteer staff, I am able to medicate at the center. Many people come to the center because they are not allowed to do it at their home.

E. REGULAR CALENDAR

9. 2006.1064D IB; IIA (E. WATTY: (415) 558-6620)

121 BRIGHTON AVENUE - west side between Grafton and Holloway Avenues, Lot 016, in Assessor's Block 6981 - Request for Discretionary Review of Building Permit Application 2006.06.07.3368 proposing to legalize work performed without permits, and to construct a new vertical and horizontal addition to the existing single-family residence. The subject property is located in the RH-1 (Residential, House, One-Family) Zoning District and a 40-X Height and Bulk District.

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

SPEAKERS

Gerrie Scott, DR Requestor:

-I'm concerned about air andlight blockage of side window

-Out of character in the neighborhood. A lot of work was done with permits.

- Mr. Guard has not provided revised drawings. The existing walls are not the same as those proposed.

Jeff Guard, Project Sponsor

-This is an existing two-story house that is proposed to have an addition.

-It complies with city guidelines. It would enhance the neighborhood. 20 residents support the project.

-I have worked with planning staff identifying the illegal addition and am trying to comply with codes.

Luis Pereda: Ms. Scott's house has more windows in order to receive air and light.

Luis Pereda, Sr: Owner of the house.

-We are trying to fix the situation with illegal rooms and come up to comply with the code.

-All neighbors are happy with the project because we are improving the area.

Maria Pereda: Ms. Scott does not live in her house, she rents and residents cause a lot of problems.

ACTION: Did not take DR and approved

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

ABSENT Alexander

10. 2004.0339C IIA; IIB (G. CABREROS: (415) 558-6169)

1800 VAN NESS AVENUE (including 1754 CLAY STREET) - northeast corner of Van Ness Avenue and Clay Street; Assessor's Block 0619, Lots 009 & 010 - Request for Conditional Use Authorization for a Planned Unit Development pursuant to Planning Code Sections 253.2, 303, 304 and 306 proposing to demolish an existing two-story commercial building (currently occupied by Kinko's) and to construct an 8-story, 62-unit mixed-use building with up to 82 parking spaces and approximately 5,100 square feet of ground-floor commercial space, located in an RC-4 (Residential-Commercial Combined, High Density) District, the Van Ness Special Use District and an 80-D Height and Bulk District. Note: 1754 Clay Street, Lot 10, is a through lot, which also fronts onto Washington Street.

Preliminary Recommendation: Disapprove

NOTE: This case was continued without hearing by a vote +3 -1 from Regular Meeting of December 14, 2006 to January 25, 2007. Since that time the project sponsor has revised the project. The revised project includes 73 parking spaces and trash/loading areas within two basement levels and an improved ground level open space. As a result, the Department now recommends Approval of the project with Conditions.

SPEAKERS

Dottie Roberge: The private Senior Club at 1750 Clay St. wants to make sure that there will be no exterior or interior damage to the club during construction. They are interested in preserving the historic building.

Sandra Solomon: Adjacent historic building: asked that construction be handled such that it minimizes the impact on the adjacent building.

Don Kahn: Supports the project. It is a good opportunity to be able to have ownership housing.

Normann Petersen: Read letter from President of the Board of United Merchants supporting the project.

Sarah Date: There will be considerable impact on parking and disturbances. Tall buildings will obstruct light.

Jim Salinas, Sr.: Supports the project. It will bring great community benefits.

ACTION: Approved as corrected and amended by staff:

-To perform an initial existenting condition survey; monitor adjacent property periodically for damages; have a training program by contractors to ensure that workers are aware of the adjacent historic structure and operate machines with care.

-Narrow the combined entrance to at least a 27-foot width.

-Make the sidewalk continuous.

-Sponsor to narrow the curb cut as much as possible.

-Address façade on Clay Street with a 5-foot reveal.

-Approval subject to the advise of the Commission.

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

ABSENT Alexander

MOTION: 17364

11. 2005.0690U IIB (A. HESIK: (415) 558-6602)

1080 HAIGHT STREET - the John Spencer House, north side between Broderick and Baker Streets, in Assessor's Block 1236, Lot 18 - Consideration of adoption of a resolution recommending approval of a Mills Act historical property contract for 1080 Haight Street, the John Spencer House, which is individually listed in the National Register of Historic Places. The Mills Act authorizes local governments to enter into contracts with owners of private historical property who, through the historical property contract, assure the rehabilitation, restoration, preservation and maintenance of a qualified historical property. In return, the property owner enjoys a reduction in property taxes for a given period. The subject property is within an RH-3 (Residential, House, Three-Family) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Approval

SPEAKERS: None

ACTION: Approved

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

ABSENT Alexander

MOTION: 17365

12. 2006.1121G IIB (A. HESIK: (415) 558-6602)

625-631 AND 635-659 PINE STREET - the Notre Dame des Victoires School and Marist Center, south side between Grant Avenue and Stockton Streets, Lots 1B and 23 in Assessor's Block 271 - Request for a change of designation pursuant to Planning Code Section 1106: consideration of adoption of a resolution recommending approval on a proposal to change the designation of the subject properties from Category V (Unrated) to Category I (Significant). The subject properties consist of a two-volume, four-story concrete building constructed in 1923-24 (635-659 Pine Street, Assessor's Block 271, Lot 23) and a one-volume, four-story concrete addition constructed in 1949-50 (625-631 Pine Street, Assessor's Block 271, Lot 1B). They are within a C-3-G (Downtown General Commercial) District and a 65-A Height and Bulk District. Both properties are designated as Category V (Unrated) under Article 11 of the Planning Code, and neither is within a Conservation District.

Preliminary Recommendation: Approval

SPEAKERS: None

ACTION: Approved

AYES: Antonini, S. Lee, W. Lee, Moore, Olague, Sugaya0

ABSENT Alexander

MOTION: 17366

13. 2006.1215G IIB (A. HESIK: (415) 558-6602)

583-587 HOWARD STREET - south side between First and Second Streets, Lot 99 in Assessor's Block 3736 - Request for a change of designation pursuant to Planning Code Section 1106: consideration of adoption of a resolution recommending approval of a proposal to change the designation of the subject property from Category V (Unrated) to Category III (Contributory). The subject property is a three-story, timber-frame commercial building with brick exterior walls constructed in 1912. The subject property is within a C-3-0 (SD) (Downtown Office Special Development) District and a 350-S Height and Bulk District. It is designated as a Category V Building (Unrated) under Article 11 of the Planning Code and is not within a Conservation District.

Preliminary Recommendation: Approval

SPEAKERS: None

ACTION: Approved

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

ABSENT: Alexander

MOTION: 17367

Item 14 was taken out of order and followed the 15 minute Public Comment category

14. 2006.1343M IA; IB (M. LI: (415) 558-6396)

1167 Market Street (aka Trinity Plaza) - southeast corner at Eighth Street; Lots 039 and 051 through 053 in Assessor's Block 3702, and a portion of the former Jessie Street between Seventh and Eighth Streets - Request for a General Plan amendment related to a proposal of a mixed-used project containing approximately but no more than 1,900 dwelling units, approximately 91,878 square feet of usable open space, approximately 60,000 square feet of commercial space, and a garage with up to 1,450 parking spaces. The proposed amendment consists of reclassifying the height and bulk districts for the project site as shown on  Map 5 - Proposed Height and Bulk Districts and referred to in Policy 13.1 of the Downtown Area Plan of the General Plan, from 120-X, 150-S and 240-S to 160-X, 180-X and 240-S. An identical General Plan amendment was recommended by the Planning Commission on August 3, 2006 for action by the Board of Supervisors. Section 340(d) of the Planning Code requires that the Board take action within ninety days of such a recommendation by the Commission. In order to meet this deadline and not have the General Plan amendment approved by default without the benefit of Board consideration, the Board disapproved this General Plan amendment on November 7, 2006. Consequently, the Commission needs to reconsider the same amendment, establishing an additional 90 days for the Board to deliberate and take action on the amendment. Action by the Commission on the General Plan amendment is required in order for the Board to act on the development agreement previously approved by the Commission.

Preliminary Recommendation: Adopt the resolution

SPEAKERS

Jazzie Collins: The project is great. With some changes it would be perfect. Drop the condo map.

Ken Werner: We want the project to go forward. Drop the condo map and approve it.

Victor Herrera: Supports the project. It will benefit everybody.

Jeffrey Ferns: It has been a long time. Send it back to the Supervisors and support this project.

Angelica Cabande: This is a good project. Lower the number of units and parking.

Jim Salinas, Sr.: Asked for the Commissions' support. It would benefit the community.

Calvin Welch: Opposes the project. Density is too high for the downtown area.

Sue Hestor: Requested a wind impact analysis before going forward.

Jim, Project Sponsor: The EIR exhausted the wind study. Urged the Commission to approve the project.

ACTION: Approved as amended by Commissioner Olague

As the General Plan Amendments allows for increased height and development potential permitting added value, urge the Board--working with the Department staff--to consider further ways to address burdens on the community

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

NAYES Moore

MOTION: 17363

F. PUBLIC COMMENT

NONE

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))

Adjournment: 6:44pm

THESE MINUTES WERE PROPOSED FOR ADOPTION AT THE REGULAR MEETING OF THE PLANNING COMMISSION ON THURSDAY, June 7, 2007.

SPEAKERS: None

ACTION: Approved – Commissioner Moore disputed saying President Peskin on page three. After checking the video of that hearing, it is clear that the minutes are correct. However, [Supervisor] was added to show her possible intent.

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.