March 20, 2008

SAN FRANCISCO

PLANNING COMMISSION

Meeting Minutes

Commission Chambers - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, March 20, 2008

1:30 PM

Regular Meeting

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

COMMISSIONER ABSENT: W. Lee

THE MEETING WAS CALLED TO ORDER BY PRESIDENT OLAGUE AT 1:40 P.M.

STAFF IN ATTENDANCE: John Rahaim – Director of Planning, Larry Badiner – Zoning Administrator, Amit Ghosh – Chief Planner, Anmarie Rodgers, Elizabeth Watty, Rick Crawford, Adrian Putra, and Linda Avery – Commission Secretary.

A. CONSIDERATION OF ITEMS PROPOSED FOR CONTINUANCE

The Commission will consider a request for continuance to a later date. The Commission may choose to continue the item to the date proposed below, to continue the item to another date, or to hear the item on this calendar.

1. 2007.1280C (A. HOLLISTER: (415) 575-9078)

1680 Market Street - north side between Gough and Franklin Streets, Lot 005 in Assessor's Block 0854 - Request for conditional use authorization to establish a Large Fast Food Restaurant (d.b.a Subway) of approximately 1200 square feet. Additionally, Conditional Use authorization will be required for a Formula Retail use at the subject site as defined by Section 703.3 of the Planning Code. This site is within a NC-3 (Moderate-Scale) Neighborhood Commercial District, and an 80-A Height and Bulk District.

Preliminary Recommendation: Disapproval

(Proposed for Continuance to April 3, 2008)

SPEAKER(S): None

ACTION: Continued as proposed

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

ABSENT: W. Lee

2. 2007.1256C (K. Guy: (415) 558-6163)

401-431 Columbus Avenue - west side between Stockton and Vallejo Streets, Lot 026 of Assessor's Block 0131 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 722.21 and 722.42 to expand an existing full-service restaurant (dba Panta Rei Restaurant), and to allow a use size in excess of 2,000 square feet within the North Beach NCD (Neighborhood Commercial District), and a 40-X Height and Bulk District. The proposal is to expand the existing 1,500 square-foot restaurant to occupy the adjacent existing storefront. The expanded restaurant would measure a total of 2,040 square feet.

Preliminary Recommendation: Pending

(Proposed for Continuance to April 3, 2008)

SPEAKER(S): None

ACTION: Continued as proposed

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

ABSENT: W. Lee

3. 2008.0287U (K. Dischinger: (415) 558-6284)

First Source Hiring Ordinance - expanding scope of covered permits in Market and Octavia Plan [Board File 080235] On February 12, 2008, Supervisor Mirkarimi introduced an Ordinance amending the San Francisco Administrative Code by amending sections 83.2, 83.4, and 83.6 to: (1) expand the scope of permits that the ordinance applies to in the Market and Octavia Area Plan; (2) place new reporting requirements on the First Source Hiring Administration that include reporting first source statistics on permittees, as defined under the ordinance, and (3) require contractors and permittees to cooperate with reasonable requests for information from the First Source Hiring Administration. The proposed Ordinance is before the Commission so that it may recommend adoption, rejection, or adoption with modifications to the Board of Supervisors.

Preliminary Recommendation: Approval

(Proposed for Continuance to April 17, 2008)

SPEAKER(S): None

ACTION: Continued as proposed

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

ABSENT: W. Lee

4. 2007.1233C (A. Ben-Pazi: (415) 575-9077)

805 Columbus Avenue - south-west side between Lombard and Greenwich Streets, Lot 047 in Assessor's Block 0074 - Request for Conditional Use Authorization to establish a real estate office, larger than the principally permitted maximum of 1,999 square feet, on the first floor of a mixed use building within the North Beach Neighborhood Commercial District, pursuant to Sections 722.53 and 722.21 of the Planning Code. The commercial space measures approximately 2,760 square feet and has never been occupied. No physical expansion of the existing building is proposed. This site is within the North Beach Neighborhood Commercial District, and a 40-X Height and Bulk District.

preliminary Recommendation: Pending

(Continued from Regular Meeting of February 21, 2008)

(Proposed for Continuance to April 24, 2008)

SPEAKER(S): None

ACTION: Continued as proposed

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

ABSENT: W. Lee

5. 2007.1072C (S. SANCHEZ; (415) 558-6326)

1727 LOMBARD STREET - south side between Laguna and Octavia Streets, Lot 036, in Assessor's Block 0506 - Request for Conditional Use Authorization under Planning Code Sections 303 and 209.2(c) to legalize the conversion of a tourist hotel ( Star Motel ) to group housing for a post-secondary educational institution ( Academy of Art University ) in an RH-2 (Residential, House Districts, Two-Family) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Pending

(Proposed for Continuance to April 24, 2008)

SPEAKER(S): None

ACTION: Continued as proposed

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

ABSENT: W. Lee

6. 2007.0703D (G. CABREROS: (415) 558-6169)

850 Francisco Street - north side between Leavenworth and Hyde Streets; Lot 005 in Assessor's Block 0045 - Request for Discretionary Review of Building Permit Application No. 2006.10.18.5416 proposing to revise an issued building permit application for new construction of a four-story, single family residence. The revision consists of construction of two additional basement levels within the footprint of the proposed new construction project. The property is located in an RH-1(D) (Residential, House, One-Family, Detached) Zoning District and a 40-X Height and Bulk District.

preliminary Recommendation: Do not take Discretionary Review and Approve project

(Continued from Regular Meeting of March 6, 2008)

(Proposed for Continuance to May 1, 2008)

SPEAKER(S): None

ACTION: Continued as proposed

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

ABSENT: W. Lee

7. 2007.1454C (A. PUTRA: (415) 575-9079)

2116 Irving Street (aka 2100 Irving Street) - north side between 22^nd and 23^rd Avenues; Lot 021 in Assessor's Block 1728 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 703.3 & 703.4 to legalize an existing formula retail use (d.b.a. Quickly), within the NC-2 (Small Scale, Neighborhood Commercial) District, and 65-A Height and Bulk District.

Preliminary Recommendation: Pending

(Proposed for Continuance to June 12, 2008)

SPEAKER(S): None

ACTION: Continued as proposed

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

ABSENT: W. Lee

8. 2007.1469D (R. CRAWFORD: (415) 558-6358)

351 Silver Avenue - north side between Mission and Cruat Streets. Assessor's Block 5893 Lot 013 - Request for Discretionary Review of Building Permit Application No. 2007.0619.4378 to expand the front building on the lot to the side and construct a two-story addition to the existing one story dwelling in an RH-1 (Residential House, One Family) District, and a 40-X Height and Bulk district.

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

DISCRETIONARY REVIEWPROJECT REQUEST WITHDRAWN

B. COMMISSIONERS' QUESTIONS AND MATTERS (Tape IA)

9. Commission Comments/Questions

· 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

- Complimented Sacred Heat Cathedral girls for their championship in Basketball.

- Secondly - an article in the SF Chronicle Real State Section last Sunday on TIC and condominium conversion rules and the lottery. I would say that it was well written and presented various sides to the issue.

- Finally - in yesterday's San Francisco Today, they had a list of City workers and their salaries with percentages. I think it works into a lot of what we talk about in terms of economic development.

- For example it would be interesting to find out the percentage that lives in San Francisco.

- It would appear that maybe the factors are not simply economics. What other factors are involved as we struggle to provide housing for families and keep people that work in San Francisco to live in San Francisco?

- It is important to identify schools, quality of life issues, type of housing stock being provided, and recreational activities. It might be good to do some research.

Commissioner Moore

- Reminded staff that we want to find an opportunity for a dialogue with Presidio Trust. We asked for this since September.

- Another thing that we have mentioned frequently on numerous projects is that the condition of approval, where discussions were critical, be brought back to us.

- We want to see the legal language and how it is ultimately being passed on to project sponsors.

Commissioner Olague

- 55 Laguna, for instance, is a project that we discussed here and it was taken to the Board and there were some last minute changes to what we thought were the conditions.

- I was curious as to where those changes ended up. Did they end up as part of the conditions of approval, environmental document language, or as findings versus conditions?

- I would like a report back to see the process that was involved and the rational.

Commissioner Sugaya

- On 55 Laguna; I made a motion that had to do with new construction, design review issues and the historic buildings. Crafting the exact language at the hearing is almost impossible and that is where the issues lay.

- Besides, there was the EIR and all the different kinds of permits and conditions. That one is complicated.

Larry Badiner, Zoning Administrator

- It is a unique case and we had some back and forth among staff where your conditions are properly located. We ultimately sought the City Attorney's advice.

- Perhaps, you should put it on calendar for next week under Director's Report.

- In 99% of the cases, we read back to you [your conditions of approval] when we draft it.

Commissioner Sugaya

- I think this is going to the Board next week and maybe Anmarie might have some feedback next week.

Commissioner Antonini

- Just a comment on this issue - I think it is all a matter of degree on situations where it goes to the Board of Supervisors and there is a material change.

- If it is final language of what we already said, I do not know we necessarily have to see it again.

- Of more concern is in situations where changes are made like on the design - then we should see it again.

- For future reference, it might be interesting to see at what point we feel that we have to review design changes as we go forward on buildings that have been approved.

Commissioner Sugaya

- Just a follow up on Commissioner Moore's comments on the museum issue [Presidio Trust]: it would be nice if we can get it all in context - the museum, theater addition, lodging, and treatment of the playgrounds - all of it is happening at the Presidio.

- An article in the American Planning Association Magazine notes that Massachusetts' highest court acknowledges negative impacts of tear downs in mansionization.

- The court noted the popular trend of mansionization and that the expansion of smaller houses into significantly larger ones decreases the availability of starter homes in the community and perhaps excludes families of low to moderate incomes in the neighborhood. The City may use its policy power to limit these potential adverse effects.

C. DIRECTOR'S REPORT (Tape IA)

10. Director's Announcements

Larry Badiner

- Director Rahaim announced last week that he is in New York at a conference on housing projects and how to promote inclusionary housing and rebuilding public housing projects.

- The Mayor's Office issued new directives in terms of budget adjustments and we received those on Tuesday afternoon. Ms. John-Baptiste is working with the Mayor's Office to understand the implications.

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

Anmarie Rodgers

Land Use Committee

A- Northeast Waterfront Historic District Signs. This legislation is modeled on similar sign controls for Jackson Square. The district holds the largest number of pre-earthquake industrial warehouse buildings in the City. Passed to the Full Board

B- Enforcement Penalties. This proposed ordinance would greatly improve the Department's enforcement capacity through two new administrative fee processes on complex and minor cases. The Committee amended it with the recommendations from this Commission to increase the fee for major violations to $250 per day. It also added an amendment that would strike the ability of the Board of Appeals to reduce the fee for major violations to a flat amount of $1000. Passed to the Full Board.

C- Zoning Controls on the Removal of Dwelling Units. This legislation would establish numerical criteria to establish when a demolition had occurred and establish processes for reviewing the loss of a dwelling unit either by a Conditional Use for loss of 4 or more units or by Discretionary Review for less than 4 units. The Committee began deliberations and it will be picked up again on March 24.

Full Board

A- Administrative Code: Large Tourist Hotel Condominium Conversion Ordinance. This legislation would set the rate of condominium conversion at a rate of equal to the numbers of what is being produced. During the first two years, 550 conversions would be allowed on a first-come, first serve basis as determined by the Zoning Administrator. Passed.

B- Appointment of Ryan Brooks to the Planning Commission. No Action taken – Nominee withdrew his application.

C- 9 Douglass Street– Categorical Exemption. Affirmed.

D- New legislation introduced: Substitute Ordinance for 55 Laguna – SUD by Supervisor Mirkarimi

a. Owner of the dental clinic would submit plans similar to an Institutional Master Plan within 5 years showing the use of this building.

b. Hours of operation for when the dental parking lot would be available to the public.

c. Specifying that the Market – Octavia Development Impact Fee could be used to build a community facility building within the SUD.

d. Added language about Waller Street that are similar to the conditions of approval adopted by this Commission.

Larry Badiner

Board of Appeals

A- Tanya Peterson appointed to fill the vacant position.

B- Commissioner Fung was appointed as Vice-President.

C- Two sign billboard findings [230 Rhine Street and 1801 Turk Street]: We believe that the ordinance indicates that the sign company has the right to it but the Board of Appeals did not believe that in these two cases. – Overturned

D- 652 Duncan Street– Discretionary Review for a third floor on a two story residential structure. Upheld

E- 660 Kearny Avenue– Letter of Determination Upheld

12. (Tape IA) (S. SANCHEZ (415) 558-6326)

ACADEMYOF ART UNIVERSITY ENFORCEMENT AND INSTITUTIONAL MASTER PLAN UPDATE(IMP) - Informational presentation on the status of pending enforcement cases and preparation of IMP by the Academy of Art University. Item to be presented as new information is available.

SPEAKER(S)

John Bardis

- It seems that this item is starting to disappear because it has been shown that this Commission was going to take action on some of the properties involving the Academy.

- Their master plan is not ready and it should include an environmental review.

ACTION: No Action is required of the Commission. Informational only

13. (Tapes IA; IB; IIA) (T. EGAN: (415) 554-5268)

economic development strategy - Informational presentation of the City's Economic Plan.

SPEAKER(S)

Michael Cohen, Director of the Office of Economic Work Force Development

- The City's Economic Plan is a result of Proposition I, which was a voter approved initiative mandating that the City develop a comprehensive plan for sustaining and growing the City's economy.

- We are extraordinarily grateful to Ted Egan, the principal author of the City's Economic Plan, who joined the City and became the Director of the Office of Economic Analysis.

Ted Egan, Chief Economist

- The Controller's Office will be writing an economic impact report on Eastern Neighborhoods.

- Presented economic performance, economic drivers: knowledge and experience, and goals of the economic strategy.

- Shared some ideas of the economic strategy priorities for the Eastern Neighborhood. Strengthening the PDR sector is a major goal of the plan.

Sue Hestor

- As we shift large sectors of the economy into areas without transit, you are condemning the City to congestion by cars. Transit is one of the enormous issues with the Eastern Neighborhoods.

- Proposition M, passed in 1996, limited office space and has high priorities against displacement of PDR.

John Bardis

- This did not seem that there is much quantity of data to obtain quality goals. Do we have an economic development plan for San Francisco that really is based on some facts?

ACTION: No Action is required of the Commission. Informational only

D. GENERAL PUBLIC COMMENT – 15 MINUTES (Tape IIA)

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.

SPEAKER(S)

Marilyn Amini – Re: Market/Octavia Plan, March 27, 2008 hearing

- I've requested before that this matter be noticed properly and to schedule a hearing on the potential environmental impact of the modifications suggested by the Supervisors

Sue Hestor – Re: Commission's procedures

- Suggested that projects with changes take a motion of intent and put them on consent calendar to review those changes, especially cases that you start after 10p.m.

John Bardis – Re: San Francisco's Economy

- Are housing makers in San Francisco really making decisions based on facts or fiction? A discussion on supported data of 5 major industries in San Francisco would be very valuable.

E. REGULAR CALENDAR

14. 2007.0434DDD (E. JACKSON: (415) 558-6363)

398 PENNSYLVANIA AVENUE - northwest corner of 19^th Street and Pennsylvania Avenue, Lot 009 in Assessor's Block 4039 - Request for Discretionary Review of Building Permit Application No. 2007.09.12.2410, proposing to construct a horizontal rear addition on the ground floor and a partial fourth floor to an existing three-story single-family residence in a RH-2 (Residential, House, Two-Family) Zoning District and a 40-X Height and Bulk District.

Preliminary Recommendation: Take Discretionary Review and approve the Building Permit Application with modifications.

NOTE: On February 28, 2008, following public testimony, the Commission closed public hearing and required the Project Sponsor to submit altered/modified plans. The matter was continued to March 20, 2008. Public hearing will remain open to address the new plans.

SPEAKER(S)

Brett Gladstone, Project Sponsor Representative

- A continuance is in order for a week because the DR requestor has asked for it, the client has asked for it, and staff has been out sick and has suggested it as well. Also, staff has not had a chance to address the newest changes with us.

- The Planning Department came out with a proposal and we only saw it last Friday and our architect is drawing it up to visualize it. We hope you will agree to a one week continuance.

Jeremy Paul, Discretionary Review Requestor Representative

- It is really hard to agree to something on last minute changes. The DR requestor agreed to a continuance, but asked to put it further out than one week because we all have full calendars. If you decide to go forward today, we are prepared to go forward.

ACTION: Without hearing, continued to April 3, 2008

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

ABSENT: W. Lee

15. 2008.0274D (E. JACKSON: (415) 558-6363)

736 VALENCIA STREET - west side, between 18^th and 19^th Streets, Lot 005 in Assessor's Block 3588 - Staff Initiated Discretionary Review of Building Permit Application number 2006.02.08.4114. The proposal is to construct a new mixed-use building containing 8 dwelling units with commercial space and 8 off-street parking spaces on the ground floor. The applicant requests that the Planning Commission remove the springing condition requiring community impact fees and BMR units that was previously imposed on the project. The subject property is located within the Valencia NCD (Neighborhood Commercial District) with a 50-X Height and Bulk designation.

Preliminary Recommendation: Take Discretionary Review and remove the springing condition.

SPEAKER(S)

Philip Lesser

- We are completely ready to go but we would like to have the full commission for this item and Commissioner W. Lee is on vacation.

ACTION: Without hearing, continued to April 10, 2008

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

ABSENT: W. Lee

16. 2008.0118D (Tape IIA) (E. WATTY: (415) 558-6629)

393-395 DOUGLASS STREET - at the northeast corner of 20^th Street; Lot 027, in Assessor's Block 2699 - Request for Discretionary Review of Building Permit Application No. 2007.08.30.1304, proposing construction of a one-story vertical addition above the existing two-story, two-family dwelling. The vertical addition will be integrated into the upper-floor unit, and the ground-floor dwelling-unit will remain unaltered. The subject property is located within the RH-2 (Residential, House, Two-Family) Zoning District and a 40-X Height and Bulk District.

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

SPEAKER(S)

James Hollenbeck, Discretionary Review Requestor

- This addition would obstruct views of downtown and the Castro from the historic Douglass Street steps, a landmark we all share.

- It seems to us that they already have more square footage than most families in San Francisco and they have other options to reconfigure their space to better service their needs.

- We collected nearly 250 signatures in opposition.

- This past January, our neighborhood group attempted mediation with the Gashi's through Community Boards and they made it clear they were unwilling to change their plans.

(-)Loren Rohr

- We would like a setback and the addition of two bedrooms instead of four. It is a good compromise to meet their needs and preserve the steps.

(-)Robert Bireme

- The view would be almost eliminated and San Francisco would loose another important landmark.

Cathy Gashi, Project Sponsor

- Our plans are co-compliant and have been approved to add three bedrooms.

- Even after the addition, the downtown area of San Francisco and Castro Street would still be visible.

- We had a study analysis done, which was not required, and that shows that there would be little impact on the corner.

(+)Cheryl Aiken

- It is important for this family to stay in the neighborhood because of the genuine quality life and diversity. The project is not going to impact the view.

ACTION: Did not take Discretionary Review and approved

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

NAYES: Moore

ABSENT: W. Lee

17. 2007.1113ET (C. NIKITAS: (415) 558-6306)

Amendments to Planning Code Section 303/Protection of Solar EnergySystems - Ordinance introduced by Supervisor Mirkarimi as part of Board File No. 07-1338, that would add Section 303(n) to the Planning Code, to require Conditional Use authorization for any structure that would shade a previously registered Solar Energy System, and requiring the Planning Department to review and manage system registrations.

Preliminary Recommendation: pending

(Continued from Regular Meeting of March 6, 2008

SPEAKER(S): None

ACTION: Without hearing, continued indefinitely

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

ABSENT: W. Lee

5:00 P.M.

18. 2007.0945DD (Tape IIA; IIB) (R. CRAWFORD: (415) 558-6358)

787 27^th Street - south side between Douglass and Diamond Streets. Assessor's Block 6588 Lot 010F - Request for Discretionary Review of Building Permit Application No. 2007.0517.1599 to construct a third-story addition to the existing two-story dwelling in an RH-1 (Residential House, One Family) District, and a 40-X Height and Bulk district.

Preliminary Recommendation: Take Discretionary Review and modify the project.

(Continued from Regular Meeting of March 6, 2008)

SPEAKER(S)

Jeremy Paul, Representing the first Discretionary Review Requestor

- There is a substantial difference of what is being shown to the neighborhood and what is actually on record for the proposal before you. There is confusion in the documentation.

- There is a light well proposed by the project sponsor, not officially provided to staff, that needs to be open and not obstructed.

- The Residential Design Guidelines said a lot about profiles and meeting the standards of design in the surroundings.

- I think that this building needs to be redesigned to be more contextual with the setting.

Rick O'Rouke, Second Discretionary Review Requestor

- There are a lot of people that are concerned about the project. Not all of them are going to speak tonight, but this is a very serious matter for our neighborhood.

- The two areas that the neighborhood feels is out of line with the Residential Design Guidelines are: (a) roofline is incompatible and we're asking that the pitched roof be lowered to a flat roof, and (b); the scale is five feet higher than any other house on the block making it inconsistent.

- We just want this project to be consistent with the neighborhood.

(-)Melanie

- We support the growth, but we are just asking that it be managed in a way that respects the character of the neighborhood.

(-)Diddie Dimmer

- We are not opposed to renovation or expansion in our neighborhood, but we are simply asking that it be done in a manner that is consistent with the style/scale of other houses in the neighborhood.

(-)Cindy Rudor

- I request that you lower the ceiling heights from 14 to 12 feet.

(-)Mark English

- By lining up the floor levels at the front of the house, in the back it would be possible to immediately reduce the overall height by 3 or 4 feet without affecting the number of rooms or size.

Louis Felthouse, Architect

- This project is to accommodate the needs of a growing family.

- [Showed images of other structures on the block]

- The project is not out of context with the heights and bulks with adjacent properties.

(+)Mike Bedard

- This project is going to accommodate our growing family and provide for our home/office needs.

(+)Colette Bedard

- This project is to accommodate the growing needs of our family.

- We met with the neighborhood and tried to get some concession from them. We waited five months and there was no response to our e-mails or phone calls.

ACTION: After public hearing, continued to April 24, 2008 for full public hearing.

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

ABSENT: W. Lee

Item 19 was taken out of order and followed item 20

19. 2007.0072C (Tape IIB; IIIA) (R. CRAWFORD: (415) 558-6358)

2367 Market Street - aka 3970 17^th Street - north side between Castro and Noe Streets Lot 036 of Assessor's Block 3563 - Request for Conditional Use Authorization under, Planning Code Section 186.1 to expand an existing nonconforming Neighborhood Commercial use (a bar and place of entertainment on the second floor  The Café ), Section 721.44 to develop a Small Self-Service Restaurant on the ground floor of the addition, Section 721.48 Other Entertainment, to expand nights of dancing and live entertainment (DJs) to 7 nights per week, and Section 721.53 to develop a Business Service use space on the top floor in the Upper Market Neighborhood Commercial District and a 65-X Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

(Continued from Regular Meeting of January 24, 2008)

SPEAKER(S)

Lu Blazej, Project Sponsor Representative

- I think we've got it right this time and have proved to be a responsible operator for the last six months and the commitment is to continue it.

- There is 99% support. There are a few in opposition from those who have not been participating in the neighborhood meetings.

- In terms of outreach, we have done as much as possible and I appreciate all the work from neighborhood associations.

(-)Brian Kendall

- This is not appropriate for a residential neighborhood. They have violated their permit and have generated over 10,000 phone calls to the Police.

(-)Bruce Carpenter

- I'm opposed to the project because they have a lack of respect for the neighborhood, the nature of the business on 17^th Street, and I'm concerned with the façade design on 17^th Street.

(-)Alan Gibson

- Allowing expansion is like rewarding for failing to comply in the past. It sets a precedence for the future.

(+)Dennis Richards

- The outreach of project sponsor has been extraordinary. They have listened to and are addressing our concerns.

(+)Judith Hoyem

- Read a letter from Steve Clark, President of Eureka Valley Promotion Association, supporting the operation of the Café.

(+)Alan Beach

- The Café has been very terrific to work with and I have visited them frequently. And as of November last year, as far as I know, there have been no violations.

(+)Dan

- This is good for the community and tourists.

(+)Sarah

- The Café is not a bar style. It is very inviting and one of the most important things is to have disabled accessibility.

(+)Jane Warner, Patrol Special Police

- The Café has been a good neighbor to the community and has had a wonderful working relationship for the last sixteen years.

ACTION: Approved with conditions as modified:

-Post conditions on site; annual review of conditions with project staff; and review the conditions with new hires.

-Project sponsor shall exam the feasibility of glazing in - fully enclosing the west façade deck of the Café level to further reduce potential source of noise.

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

ABSENT: W. Lee

MOTION: 17572

Item 20 was taken out of order and followed item 16

20a. 2005.0298KECV (Tape IIA) (S. VELLVE: (415) 558-6263)

1285 SUTTER STREET - southeast corner of Sutter Street and Van Ness Avenue; Lot 008 in Assessor's Block 0691 - Request for Conditional Use Authorization, pursuant to Sections 157, 209.8, 221.1, 253, 253.2 and 303 of the Planning Code to allow off-street parking in excess of the amount permitted as accessory parking, to permit the sale of alcoholic beverages within 1/4 mile of the Polk Street Neighborhood Commercial District, to demolish a movie theatre, and to allow the construction of a building which exceeds 40 feet in height with an exception to the bulk limits. The project proposes to construct up to 107 dwelling units with approximately 15,800 square feet of ground-floor retail/commercial space (Trader Joe's) and up to 170 below-grade off-street parking spaces. The project site is located in an RC-4 (Residential, Commercial Combined, High Density) and the Van Ness Avenue Special Use District and an 130-V Height and Bulk District.

Preliminary Recommendation: Approval with Conditions.

(Continued from Regular Meeting of March 6, 2008)

SPEAKER(S): None

ACTION: Without hearing, continued to April 17, 2008

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

ABSENT: W. Lee

20b. 2005.0298KECV S. VELLVE: (415) 558-6263)

1285 SUTTER STREET - southeast corner of Sutter Street and Van Ness Avenue; Lot 008 in Assessor's Block 0691 - Request for Variances, pursuant to Sections 253(c)(6), 307(g), 152, and 140 of the Planning Code to modify the rear yard requirement in the Van Ness Special Use District, to provide one off-street freight loading space where two are required, and for dwelling unit exposure for four dwelling units. The project proposes to construct up to 107 dwelling units with approximately 15,800 square feet of ground-floor retail/commercial space (Trader Joe's) and up to 170 below-grade off-street parking spaces. The project site is located in an RC-4 (Residential, Commercial Combined, High Density) and the Van Ness Avenue Special Use District and an 130-V Height and Bulk District.

(Continued from Regular Meeting of March 6, 2008)

SPEAKER(S): None

ACTION: Without hearing, continued to April 17, 2008

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

ABSENT: W. Lee

Item 21 was taken out of order and followed item 18

21. 2007.0789C (Tape IIA) (A. Putra: (415) 575-9079)

4002 Irving Street - north side between 41^st and 42^nd Avenues; Lot 015 in Assessor's Block 1709 - Request for Conditional Use Authorization pursuant to Planning Code Section 710.83 proposing to install a wireless telecommunications facility (for Sprint-Nextel) in the form of three antennas mounted to an existing rooftop stair penthouse, hidden inside one faux vent pipe, and with radio equipment located on the roof. The subject property is located within the NC-1 (Neighborhood Commercial Cluster) Zoning District and a 40-X Height and Bulk District.

preliminary Recommendation: Approval with Conditions

(Continued from Regular Meeting of March 13, 2008)

SPEAKER(S): None

ACTION: Approved

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

ABSENT: W. Lee

MOTION: 17571

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

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

SPEAKER(S)

None

Adjournment: 7:10 P.M.

THESE MINUTES WERE PROPOSED FOR ADOPTION AT THE REGULAR MEETING OF THE PLANNING COMMISSION ON THURSDAY, April 17, 2008.

SPEAKER(S): None

ACTION: Approved

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

ABSENT: Moore

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