SAN FRANCISCO

PLANNING COMMISSION

Meeting Minutes

Commission Chambers - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, April 3, 2008

1:30 PM

Regular Meeting

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

COMMISSIONER ABSENT: None

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

STAFF IN ATTENDANCE: John Rahaim – Director of Planning, Larry Badiner – Zoning Administrator, Amit Ghosh – Chief Planner, Anmarie Rodgers, Erika Jackson, Mathew Snyder, Nannie Turrell, Christine Lamorena, Michael Smith, and 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. 2006.1354D (S. VELLVE: (415) 558-6263)

1166 HAIGHT STREET - north side between Baker and Lyon Streets, Lot 014 in Assessor's Block 1235 - Request for Discretionary Review of Building Permit Application No. 2005.10.19.5970 to install a below-grade garage to create approximately eight off-street parking spaces for a building containing twelve units located in an RM-1 (Mixed, Low Density) and 40-X Height/Bulk District.

Preliminary Recommendation: Pending

(Continued from Regular Meeting of February 7, 2008)

(Proposed for Indefinite Continuance)

SPEAKER(S): None

ACTION: Continued as proposed

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

2. 2005.0651CEK (A. BEN-PAZI: (415) 575-9077)

580 HAYES STREET- north side between Laguna and Octavia Streets, Lot 010 in Assessor's Block 0807 - Request for Conditional Use Authorization. The project requires Conditional Use Authorization for an institutional use above the ground floor, for a non-residential use larger than 3,000 square feet and for development of a lot larger than 10,000 square feet. The site is within the Hayes-Gough Neighborhood Commercial District, and a 50-X Height and Bulk District, but is to be reviewed under the pending Market and Octavia zoning controls, which would increase the height limit to 55 feet. Any approvals by the Planning Commission will be so conditioned as to take effect only when the Market and Octavia zoning controls become effective. The project proposes to demolish the existing building and construct a mixed use building containing approximately 2,700 square feet of ground floor retail space along Hayes Street, an assisted living facility of approximately 48 units, 42 independent living group housing units for seniors and 17 off-street parking spaces in an underground garage accessed off of Ivy Street. The proposed building would be 5 stories and 55 feet in height over a below grade basement, totaling approximately 63,000 square feet.

Preliminary Recommendation: Approval with conditions

(Proposed for Continuance to April 10, 2008)

SPEAKER(S): None

ACTION: Continued to April 17, 2008

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

3. 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

(Continued from Regular Meeting of March 20, 2008)

(Proposed for Continuance to April 17, 2008)

SPEAKER(S): None

ACTION: Continued as proposed

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

4. 2007.1287C (D. SANCHEZ: (415) 575-9082)

2128 MISSION STREET–between 17^th and 18^th Streets, Lot 004 in Assessor's Block 3576 - Request for Conditional Use Authorization under Planning Code Sections 703.3, 703.4, 781.5 and 303 to allow a formula retail use (dba Subway) within an NC-3 (Moderate-Scale Neighborhood Commercial) Zoning District, the Mission Street Fast-Food Subdistrict and a 65-B Height and Bulk designation.

Preliminary Recommendation: Approval with Conditions

(Proposed for Continuance to May 15, 2008)

SPEAKER(S): None

ACTION: Continued as proposed

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

5. 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 - - 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, 722.41, and 722.42 to expand an existing full-service restaurant and bar (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 and bar to occupy the adjacent existing storefront. The expanded restaurant and bar would measure a total of 2,040 square feet.

Preliminary Recommendation: Disapproval

(Continued from Regular Meeting of March 20, 2008)

(Proposed for Continuance to May 1, 2008)

SPEAKER(S): None

ACTION: Continued as proposed

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

B. COMMISSIONERS' QUESTIONS AND MATTERS

(Tape IA; IB)

6. COMMISSION'S RULES AND REGULATIONS - Discussion and possible action to amend the Commission's Rules and Regulations to address imposing time constraints on submittal of documents and material for review by the Commission and the public; discuss and possibly establish rules or policies that address other areas of interest of the Commission.

(Continued from Regular Meeting of February 28, 2007)

SPEAKER(S): None

ACTION: Following the Commission's discussion, the item was continued to April 17, 2008 with the possibility of taking action to modify the document:

-Section 9 - Change the word  Shall' with  May'; leave the two public comments sections.

-Section 11 - deleting all the language after  adding to consent calendar procedure period.'

-Section 12 – Material submittals, continued to April 17.

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

7. Commission Comments/Questions (Tape IB)

• 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

- The Board of Supervisor's Land Use Committee will consider the Eastern Neighborhoods at the same time that the Planning Commission does.

- I am wondering, in terms of the Charter, if there is any language. Because my concern is that staff puts together what they feel to be a plan and submits it to the Planning Commission.

- Until the Planning Commission takes action, it really is not the plan yet. After approval from this Commission, it is forwarded to the Board of Supervisors.

- In my interpretation, the Land Use Committee is taking the format [out of order] before there is any input from the Planning Commission and starting to work on it.

- I am not sure, and I may be misinterpreting, but if Miss Stacey could check into that.

- I just want to check if the Charter addresses the order of consideration in regards to items that need approval by the Planning Commission before they go forward to the Board of Supervisors.

Commissioner Olague

- I have a question about an item that we are hearing next week, the San Francisco City College Chinatown [Campus].

- I just want to make sure that we are in fact going to hear it. It is on the advance calendar.

- There were a lot of reasons why we never had a follow up to the question that I had of how the project goes up? Does it step outside the code and the policy for that site? I want to make sure that information is included in next week's presentation.

Larry Badiner, Zoning Administrator

- You are asking for a comparison of how a co-complaint building would look.

Commissioner Sugaya

- I just want to thank Director Rahaim and staff for the memorandum that was presented to us last week on the Van Ness Corridor housing situation.

C. DIRECTOR'S REPORT (Tape IB)

8. Director's Announcements

John Rahaim, Director

- -I was going to mention the proposal for the Eastern Neighborhoods initiation. We are asking for your initiation on April 17.

- Because of the size and complexity of this plan, the idea was to give a series of informational briefing to the Board of Supervisors roughly in the same timeframe that you are going to have your series of hearings.

- After your vote, they would take it up in a formal way just like they would today on projects.

- Secondly, I am trying to get copies for you of a report by New York University related to a detail study on the impacts of inclusionary zoning.

- They found that inclusionary zoning for affordable housing actually increases the cost of market rate housing.

- There needs to be a series of strategies to address the affordable housing question.

- Thirdly, next week we will have more detail for you about our revised budget proposal.

- As you know, the Mayor asked the City's departments for an additional round of budget reductions. We have been working to address them.

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

(Tapes IB; IIA)

Anmarie Rodgers

Land Use Committee

• Landmark Designation of 900 Inness Avenue. Continued to next week for action
• Urgency Ordinance of 45-day Interim Zoning Moratorium on enterprises that sell tobacco paraphernalia. Supervisor Sandoval expressed concern that these shops are increasing throughout the City. Recommended to the Full Board allowing the additional study on the issue for permanent legislation.
• Excelsior Alcohol Restricted Use District. On March 25^th, Supervisor Sandoval introduced an amended ordinance focusing solely on the Excelsior. Passed to the Full Board.
• Zoning Controls on the Removal of Dwelling Units. The legislation would establish numerical criteria to establish when a  demolition' had occurred and establish processes for reviewing the loss of a dwelling unit. The Land Use Committee amended the item to include the criteria for demolition, conversion, and merger within the Ordinance and passed the item to the Full Board.
• 55 Laguna Street. This week the Committee considered amendments by the Board and passed it to the Full Board for next week.
• Market and Octavia. This week the Committee considered two competing ordinances for Planning Controls consolidating them and agreeing to Supervisor Mirkarimi's proposal for an affordable housing fee. The new affordable housing fee would be paid at the time of Certificate of Occupancy. The Committee also accepted Supervisor McGoldrick's proposal to apply a soft cap on residential district. Forwarded to the Full Board.

Full Board

• Northeast Waterfront Historic District Signs – It is modeled after similar controls in Jackson Square. Passed
• Enforcement Legislation – Passed
• Adoption for a resolution extending the life of Western SoMa Citizens Planning Task Force

Larry Badiner, Zoning Administrator

Board of Appeals

• 2227 26^th Avenue – Request for late jurisdiction because the third floor addition is blocking their view of the ocean and it should be protected. Not granted.
• 1579 La Salle Avenue – Granted jurisdiction because it was a more recently issued permit and because it was claimed that notice was not received even though it was on our list that it was sent.
• 1369 Folsom Street – DR Appeal for significant parking impact. Denied.
• 166 Inclan Court – Over the counter permit for interior work. Continued to May 7, 2008.
• 625 Duncan Street – Concerns were mainly increased of height. Continued for one week.
• 1179 Tennessee Street – Rehearing request. It was decided on March 7, 2007. Upheld the denial of the permit and it was continued for a week to allow Project Sponsor to work with staff to get a Certificate of Appropriateness.

SPEAKER(S)

Sue Hestor, Attorney - Re: 1179 Tennessee Street

- This is a permit application that started in 1999; the Planning Department approved the project in error and forgot to send it to the Landmarks Board.

- I'm hoping that staff would vigorously oppose keeping this project alive because it is old with new zoning with new height limits in a historic district.

10. (Tape IIA) (S. SANCHEZ (415) 558-6326)

ACADEMY OF ART UNIVERSITY ENFORCEMENT AND INSTITUTIONAL MASTER PLAN UPDATE (IMP) - Possible Informational presentation/discussion 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)

Sue Hestor

- Requested a focused hearing on housing impacts and whether there should be a housing fee imposed on for-profit educational institutions.

John Bardis

- When institutions take over part of the housing stock, it is basically a demolition because we are losing that housing.

ACTION: No Action is required of the Commission.

11. 2004.0773E!MTZC (Tape IIA) (L. BADINER: (415) 558-6350)

55 LAGUNA STREET (a.k.a. 218 - 220 BUCHANAN STREET) - most of the blocks bound by Laguna, Haight, Buchanan and Hermann Streets, Lots 1, 2 and a portion of Lot 3 in Assessor's Block 870 and Lots 1 and 1A in Assessor's Block 857- Discussion of the Planning Commission condition requiring Landmarks Preservation Advisory Board review of the project, and related CEQA findings, Mitigation Monitoring and Reporting Program.

(Continued from Regular Meeting of March 27, 2008)

SPEAKER(S)

Cynthia Serventnick

- We are submitting additional substantial evidence that the modified preservation alternative is not only feasible but less costly than the proposed project.

- It should be evaluated by the Landmark Preservation Advisory Board as part of the Certificate of Appropriateness process.

Steven Vettel

- You never proposed or imposed a requirement that there be a design guideline developed at the Landmarks Board. And the Land Use Committee did not make any either.

Doug Shoemaker, Mayor's Office of Housing

- I just want to confirm that we made absolutely no commitment of the funding of this project but it could potentially involve Federal funding.

ACTION: No action is required of the Commission.

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.

SPEAKER(S)

Debra Stein – Re: Land Use

- I strongly urge that any rules adopted by this Commission should recognize the professional activity of one spouse and should not compromise the civil rights of the second spouse to offer testimony at a hearing.

John Bardis – Re: Economic Development Strategy for the City

- Requested that the Commission track down the five major industries in the City and rank them to show how they are quantifiably supported.

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

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

SPEAKER(S)

None

• CONSIDERATION OF FINDINGS AND FINAL ACTION – PUBLIC HEARING CLOSED

12. 2007.1095C (S. YOUNG: (415) 558-6346)

2040 FILLMORE STREET - east side between California and Pine Streets; Lot 022 in Assessor's Block 0653 - Request for Conditional Use Authorization under Sections 703.4, 303(c), and 303(i) of the Planning Code to establish a Formula Retail Use in the Upper Fillmore Street Neighborhood Commercial Zoning District and a 40-X Height and Bulk District. The proposal is to convert a vacant retail sales establishment (previously occupied by  Smith & Hawken ) to another retail sales establishment (dba  Ralph Lauren , an apparel, and accessories store). The proposed retail store is considered a Formula Retail Use under Section 703.3 of the Planning Code. The proposal will involve tenant improvements to the existing commercial space with new partitions and merchandise display areas and exterior modifications to the storefront with new windows and doors. There will be no expansion of the existing building envelope.

Preliminary Recommendation: Approval with Conditions

(Continued from Regular Meeting of March 6, 2008)

NOTE: On February 14, 2008, following public testimony, the Commission closed public hearing and passed a motion of intent to disapprove by a vote of +6 -1. Commissioner Antonini voted no. Final Language March 6, 2008.

NOTE: On March 6, 2008, without a hearing the Commission continued the matter to April 3, 2008 by a vote of +4 -2. Commissioners Moore and Sugaya voted no.

SPEAKER(S)

Steven Vettel

- Confirmed that all parties are in agreement to continue this item for one week.

ACTION: Without hearing, continued to April 10, 2008

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

G. CONSENT CALENDAR (Tape IIA)

All matters listed hereunder constitute a Consent Calendar, are considered to be routine by the Planning Commission, and will be acted upon by a single roll call vote of the Commission. There will be no separate discussion of these items unless a member of the Commission, the public, or staff so requests, in which event the matter shall be removed from the Consent Calendar and considered as a separate item at this or a future hearing.

13. 2007.1462T (A. Rodgers: (415) 558-6395)

Amend Superseded Height and Bulk Provisions in the North Beach Neighborhood Commercial District - [Board Files No 071674] - On December 11^th, 2007 Supervisor Peskin proposed an Ordinance amending the San Francisco Planning Code Section 722.10 and the Zoning Control Table in Section 722 to delete building height and bulk provisions superseded by Ordinance No. 20-88. Currently the Planning Code includes an outdated reference alluding to the ability to construct buildings between 41- 65' by conditional use permit in the North Beach Neighborhood Commercial District. In fact, the zoned height limits for this area are 40' and cannot be exceeded by conditional use. 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

SPEAKER(S): None

ACTION: Approved

AYES: Olague, S. Lee, Moore and Sugaya

ABSENT: Antonini and W. Lee

RESOLUTION: 17576

14. 2008.0205T (T. SULLIVAN-LENANE (415) 558-6257)

Amendments relating to Medical Cannabis Dispensary Planning Code Sections 209.3, 217, 790.141, and 890.133 - Ordinance introduced by Supervisor Daly amending the San Francisco Planning Code to extend the time period for medical cannabis dispensaries to obtain final permits from March 1, 2008 to January 21, 2009.

Preliminary Recommendation: Approval.

SPEAKER(S): None

ACTION: Approved

AYES: Olague, S. Lee, Moore and Sugaya

ABSENT: Antonini and W. Lee

RESOLUTION: 17577

• REGULAR CALENDAR

15. 2007.0434DDD (Tape IIA; IIB) (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.

(Continued from Regular Meeting of March 20, 2008)

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. The item is to be placed at the start of the Regular Calendar and the public hearing will remain open to address the new plans.

SPEAKER(S)

Brett Gladstone, Project Sponsor Representative

- Explained changes being proposed, including suggestions from Commissioners from the last hearing.

Jeremy Paul, 1^st Discretionary Review Requestor

- I do not believe that this Commission should approve any expansion of the building envelope until it is established that the building has been built in compliance with the variance.

- If they are allowed to build the fourth floor, our preference is staff's recommendation for option 4.

Alison Heath, 2^nd Discretionary Review Requestor

- The existing building is already much larger than existing buildings in the area. The addition would be a 71% increase of livable space. The modifications made are minimum.

- Eliminate the fourth floor and allow the Hughes' to build a family size home and respect the streetscape.

Mary Miduriya, 3^rd Discretionary Review Requestor

- I support the handicap accessibility, if it is real. Asked that the entire house be handicap accessible if there is to be a fourth floor.

- I received documents from Mr. Brett Gladstone, attorney for the Hughes' family, and it is unclear if other neighbors received those documents or if it was sent only to the requestors.

- What is the position of the Planning Department on those documents? I would like to know the procedures for the housing revision, public information and community comments on changes.

(+)Robert Planthold

- I support the project and object staff's recommendation because it is to accommodate the family with accessibility for elderly and disabled relatives.

(-)Curtis Davis

- This is going to be a high rise building and it is not conducive to the neighborhood and I thought that the light well was going to be a full extension.

(-)Dick Millet

- This project is noticeably big for its lot. The fourth floor should be removed.

(+)Todd Pierce

- I support the project because it is going to accommodate the family with elevator access to all floors.

(-)[No name stated]

- I believe that stepping back the fourth floor would create a building that exacerbates the lack of cohesion that currently exists.

(+)Justin Hughes

- Our proposed design embraces the 1975 compromise and improves upon it by using a setback to increase the light to the light well.

(+)Jeanne Swivhart - mother of Michelle Hughes

- I urge the Commission to approve the remodel that would allow the lift for full access to their home when I visit them.

(+)Shawn Gorman

- The proposal is modest and I urge you to maintain the south property line as it was designed originally.

(-)Jo Cangelosi

- Concerned that the increase in the rear would have an adverse effect on the garden of the Davis' family because it would be twice as high as adjacent properties.

(-)Karsha Maznio

- We do not oppose increasing density that respects the streetscape and increases the number of housing units available for families. Unfortunately, the proposed project does neither.

ACTION: Took Discretionary Review and approved plan #5 that includes setback on the north side and no setback on the south side.

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

NAYES: Moore

16. (Tapes IIB; IIIA) (M. SNYDER: (415) 575-6891)

INFORMATIONAL PRESENTATION BY THE MAYOR'S OFFICE OF HOUSING ON HOPE SF AND THE HUNTERS VIEW REDEVELOPMENT PROJECT – 227 West Point Road, Assessor's Block 4624; Lots 003 and 004; and Assessor's Block 4720, Lot 027. The City is embarking on a project to transform the existing Housing Authority project sites into new mixed-income residential neighborhoods that provide a variety of housing types that are better integrated into their surrounding neighborhood fabrics. This presentation is to discuss the overarching "Hope SF Principals," the first proposed project at Hunters View, and the next steps for the overall effort.

(Continued from Regular Meeting of March 27, 2008)

SPEAKER(S)

Doug Shoemaker, Mayor's Office of Housing

- HOPE is a partnership between City agencies and the Housing Authority to rebuild 2,500 of the most distressed public housing units that cannot be effectively repaired and brought up to a level of habitability that justifies the expenses of it.

- The Mayor's Office and Redevelopment Agency also will be helping with the project.

Karla Price, Project Manager

- We really hope to integrate socially and economically our communities by providing a true housing ladder. HOPE is a combination of housing: public, affordable and market rental, affordable and market rate homeownership opportunities.

- HOPE principles are: one-to-one replacement of public housing units, diverse income, increasing unit counts, and bringing cultural and social aspects into the neighborhood.

Ellen Carson, Project Manager for the Redevelopment Agency

- Bringing it down to a specific project, Hunters View currently is 267 public housing units and it will be replaced one-for-one adding rental as well as moderate to low income and market rate for sale.

- The goal is to completely revamp the site plans to become more like a San Francisco neighborhood.

(-)Ulysses Montgomery

- I oppose the whole project because the method being used to implement it is illegal because it violates federal laws.

ACTION: No action is required of the Commission

17. 2007.0168E (Tape IIIA) (N. TURRELL: (415) 575-9047)

Hunters View Redevelopment Project - Public Hearing on the Draft Environmental Impact Report (EIR) - The 22.5-acre project site, the existing Hunters View Public Housing, is comprised of two adjacent properties. The first is at Middle Point and West Point Roads and Wills and Hare Streets, Assessor's Block 4624, Lots 3, 4 and 9. The second is along Keith Street, Assessor's Block 4720, Lot 27. The San Francisco Housing Authority and Hunters View Associates, LP, assisted by the San Francisco Redevelopment Agency and the Mayor's Office of Housing propose to construct up to 800 residential units in multiple buildings. The project would replace one-for-one the existing 267 public housing units, and would result in a mixed-income community comprised of for-rent and for-sale units at and below market rate, as well as public housing units. The project would also include housing constructed by Habitat for Humanity and resident-serving retail and community space, and up to 816 off-street parking spaces. The project would include improvements to access and circulation including realignment of some existing streets, and addition of new streets and sidewalks as well as areas of outdoor open space. Most of the project site is located within an RM-1 (Residential, Mixed-Use, Low Density) zoning district and a 40-X height and bulk district. A portion of the site is zoned RH-2 (Residential, House, Two-Family), NC-2 (Neighborhood Commercial, Small-Scale), and M-1 (Light Industrial). The proposed project would require a Zoning Map Amendment to rezone the site to 65-X, and Conditional Use Approval for a Planned Unit Development.

Preliminary Recommendation: No Action Required

Note: Written comments will be accepted at the Planning Department's offices until the close of business on April 14, 2008.

SPEAKER(S)

Ulysses Montgomery

- This project appears to be in violation of the fundamental rights of the residents from Hunters View. I request that the process be stopped until all violations are corrected.

ACTION: No action is required of the Commission

5:30 P.M.

18. 2007.1450D (Tape IIIA) (C. LAMORENA: (415) 575-9085)

4850 17^th STREET - north side between Shrader Street and Cole Street; Lot 014 in Assessor's Block 1287 - Request for Discretionary Review of Building Permit Application No. 2007.10.10.4991, proposing to add a three-story horizontal addition on the eastern portion and a one-story horizontal addition at the western portion at the rear of the existing 3-story, single-family dwelling in an 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.

SPEAKER(S)

Kevin Rudich, Discretionary Review Requestor

- The project impacts include a decrease of sunlight and air to the master bedroom, deck, rear yard, trees and the garden.

- I propose they lower the ceiling height from 11 feet down to 9 feet, 3 inches to make it consistent with the existing front portion of the house and it would provide additional natural light and air.

Robert Campoamor, Architect

- The project is well within the rear yard setback on the height limit. In fact, we lower it.

- We are using quality wood windows and their lateral view would be even much better.

(+)Andy Levitt

- The request is based on the loss of the lateral view of the trees and lights on Woodland Avenue. View is not protected.

- I tried to accommodate concerns from neighbors.

ACTION: Did not take Discretionary Review and approved

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

NAYES: Sugaya

19. 2006.0608DDD (Tape IIIA; IIIB) (M. SMITH (415) 558-6322)

445 WAWONA STREET (a.k.a. ARDEN WOOD ESTATE) - west side of 15^th Avenue between Wawona Street and West Portal Avenue, Lot 008 in Assessor's Block 2540 (individual lots not yet assigned) - Request for Discretionary Review of Building Permit Application Nos. 2006.09.22.3110, 2006.09.22.3106, and 2006.09.22.3113 proposing to construct three, three-story single family dwellings as part of a larger development for eight single-family dwellings on eight newly created lots that were recently subdivided from the Arden Wood Estate property, located in a RH-1(D) [Residential, House, One-Family (Detached)] District and a 40-X Height and Bulk District.

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

SPEAKER(S)

Matthew Chamberlain, Discretionary Review Requestor

- The project is out of scale for this neighborhood and there should be a reduction on the footprint of the house. It is not going to alleviate but minimize impacts.

- Asked that the Commission require them to design a drain system and that the builder be held responsible for any/all damage to the neighborhood's property caused by this project.

(-)Claudia Chamberlain

- This should not go forward because it is out of scale. We are not trying to stop the project but to scale it down.

(-)Susan

- We have repeatedly met with Mr. Nelson and no changes have been made. We are just trying to find the best solution for our neighborhood.

(-)Laurina

- The project is totally out of character for the neighborhood and I ask that you scale it down.

Mark Nelson, Owner

- I had meetings with associations in the neighborhood and with Supervisors. The design is based on the input from the neighbors.

- We are consistent with the General Plan guidelines and the Codes.

(+)Dan, Architect

- This property is different from the rest of the neighborhood because it is detached.

- We are maintaining all the trees and putting landscaping on the back.

- There are two and three story buildings just across the street.

(+)Darell Nelson

- This project is bringing beautiful yards, setbacks and amazing vegetation.

ACTION: Did not take Discretionary Review and approved

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

I. 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

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

SPEAKER(S)

None

Adjournment: 8:04 P.M.

THESE MINUTES WERE PROPOSED FOR ADOPTION AT THE REGULAR MEETING OF THE PLANNING COMMISSION ON THURSDAY, May 22, 2008.

SPEAKER(S): None

ACTION: Adopted

AYES: Antonini, Lee, Miguel, 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.