SAN FRANCISCO

PLANNING COMMISSION

Meeting Minutes

Commission Chambers - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, April 16, 2009

1:30 PM

Regular Meeting

COMMISSIONERS PRESENT: Olague, Antonini, Borden, Lee, Miguel, Moore and Sugaya

THE MEETING WAS CALLED TO ORDER BY PRESIDENT MIGUEL AT 1:46 P.M.

STAFF IN ATTENDANCE: John Rahaim – Director of Planning, Larry Badiner – Zoning Administrator, AnMarie Rodgers, Rick Crawford, Mary Woods, Michael Jacinto, Teresa Ojeda, Sara Dennis-Phillips, Scott Dowdee, Johnny Jaramillo, Michael Webster, Kearstin Dischinger, Debra Dwyer, Sarah Jones, Jonas Ionin, 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. 2008.0135UTZU (T. SULLIVAN: 558-6257)

Amendments relating to Planning Code Section 227(v) to create a special definition for Tobacco Paraphernalia Establishments applicable in the Haight Street Neighborhood Commercial District and in the Lower Haight Street Tobacco Paraphernalia Restricted Use District, as defined [Board File No. 09-0141]. Ordinance introduced by Supervisor Mirkarimi amending Planning Code Section 227(v) to create a special definition for Tobacco Paraphernalia Establishments applicable in the Haight Street NDC and in the Lower Haight Street Tobacco Paraphernalia Restricted Use District, as defined; amending Section 790.123 to refer to this special definition; amending 719.1 and the Table at Section 719 to make Tobacco Paraphernalia Establishments, as defined, not permitted in the Haight Street NCD; adding new Section 786, to create the Lower Haight Street Tobacco Paraphernalia Restricted Use Subdistrict; amending Section 186.1, to change the period of non-use for a nonconforming Tobacco Paraphernalia Establishment use to be deemed discontinued in the Haight Street NCD and in the newly created Lower Haight Street Tobacco Paraphernalia Restricted Use Subdistrict from three years to 18 months; amending Special Use District Map SU 07 of the Zoning Map of the City and County of San Francisco, to reflect the new Lower Haight Street Tobacco Paraphernalia Restricted Use Subdistrict; making environmental findings and findings of consistency with the General Plan and priority policies of Planning Code Section 101.1.

Preliminary Recommendation: Approval.

(Proposed for continuance to May 7, 2009)

SPEAKERS: None

ACTION: Continued as proposed

AYES: Miguel, Antonini, Borden, Lee, Moore, Olague, and Sugaya

2. 2008.0388D (S. VELLVE: (415) 558-6263)

U2608 POST STREETU - north side between Lyon Street and Presidio Avenue; Lot 008 in Assessor's Block 1073 - Request for Discretionary Review of Building Permit Application No. 2006.05.31.2874 proposing to construct a new four-story building containing two dwelling units at the front of the subject lot, which currently contains a two-story structure with one dwelling unit at the rear of the lot, within an RH-3 (Residential, House, Three-Family) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Do not take Discretionary Review and Approve

(Continued from Regular Meeting of March 12, 2009)

(Proposed for continuance to May 7, 2009)

SPEAKERS: None

ACTION: Continued as proposed

AYES: Miguel, Antonini, Borden, Lee, Moore, Olague, and Sugaya

B. CONSENT CALENDAR

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

3. 2007.0072C (R. CRAWFORD: (415) 558-6358)

U2367 Market Street- aka 3970 17^th StreetU - north side between Castro and Noe Streets Lot 036 of Assessor's Block 3563 - Report on Compliance with Conditions of Approval, Pursuant to the Conditions of Approval for the expansion of the Café nightclub the Sponsor will present a report regarding compliance with those conditions and request additional nights for live entertainment as provided under condition #10 of motion 17572, in the Upper Market Transit Oriented Neighborhood Commercial District and a 65-X Height and Bulk District.

Preliminary Recommendation: Find the Use In Compliance With the Conditions of Approval and Additional Nights of Live Entertainment

SPEAKERS: None

ACTION: Found the use In compliance with the Conditions of Approval and Additional Nights of Live Entertainment

AYES: Miguel, Antonini, Borden, Lee, Moore, Olague, and Sugaya

MOTION: 17862

C. COMMISSIONERS' QUESTIONS AND MATTERS

4. Commission Comments/Questions

• UInquiries/AnnouncementsU. Without discussion, at this time Commissioners may make announcements or inquiries of staff regarding various matters of interest to the Commissioner(s).
• UFuture Meetings/AgendasU. 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 Lee:

He reported that last Sunday's paper carried an article that at the request of Supervisor Dufty WEBCORE helped a family with special needs in San Francisco. WEBCORE added another bedroom to the family's house for a special needs child. He wanted to acknowledge both the supervisor and WEBCORE for their actions. He also reported that he heard that the owner of Stonestown had filed bankruptcy. He is concerned because that real estate tax will be tied up in bankruptcy court. A report from Ken Rosen predicted that San Francisco will have another 20 or 30 thousand unemployed by next year. He would like to get a report in the next couple of weeks under Director's Report regarding Mission Bay and UCSF and some of their expansion, their hospital, etc. Is there anything we need to do as a commission, as a department, to make sure we are not holding up any development in the city? I'm specifically looking at PUC and their projects and UCSF.

Zoning Administrator Badiner:

On the WEBCORE project that supervisor Dufty was so instrumental in moving ahead, we worked closely with them because there were certain approvals that needed to be granted such as a variance for building in the rear yard and we held some special hearings to move it forward. It was a worthy project and it took a lot of coordination between Planning, DBI and other agencies to move it ahead. It was very successful.

Commissioner Antonini:

Last week my wife and I were in Georgia, in three cities, and I had some questions based on our observations that I don't expect answers for today. The first is for Savannah. It has one of the largest historic districts in the United States. I noticed that as they were adding to historic buildings, much of the format they used was similar to the building that was already there. I'm wondering what the Secretary of the Interior, according to what we've been hearing on historical additions are, that they have to look different from what they are adding to. Maybe we can get some information on that because everything they did there was in context with the existing building. Two, they have an interesting situation. They have an institution called SCAD, Savannah College of Art and Design. They have 15,000 students that pay around $20,000 apiece. They have vehicles that take them around Savannah and they have their own police force with vehicles. Everyone seems to like this. One reason is that as part of their entitlement process they have to renovate buildings or contribute to the renovation of historic buildings and they have done a lot of it including a theatre and an old train station. It might be well to get some information, find out what kind of arrangement was struck between them and the city. It might be instructive in the future for some of our needs here. In Augusta, beautiful golf course, unlike many private golf courses, it looks on to itself and as you drive from the outside you don't see anything. We have some beautiful public golf courses in San Francisco that are accessible to the public, one of which is Lincoln Park which was designed by Allister McKenisy who also designed Augusta National about 12 years before that. The question is is it possible to landmark a golf course? It seems that if something is a public asset it should be considered because of its historic nature, and the fact that it is symbiotic with the general public and provides recreation for golfers and those who visit it. And finally we were in Atlanta. They have a nice system called MARTA that is very similar to BART with the exception that their system serves the city more than just serving the suburbs. MARTA goes to all parts of the city of Atlanta which has less population than San Francisco but more land area. I'm sure our transportation people are checking on transportation systems throughout the country, but I thought that they did a very good job on that particular system. It is all in its own right-of-way and most of it is subway.

Commissioner Sugaya:

I went to the Housing Element meeting last night held in the tenderloin. One of the problems voiced by some people is that if you are fortunate enough to be in an SRO, you've been there for a while but now have the means to move on to something like a studio, it is very difficult to do that. One man said you actually have to become homeless again to qualify to get into a different kind of housing. Some of it was aimed at some of the problems that exist with the process. Also, along with Commissioner Miguel, I attended a workshop for the Japantown Better Neighborhood Plan that's going on. There will be a major community workshop on the 25^th in Japantown.

Commissioner Moore:

Following up on Commissioner Antonini's comments about Savannah, the city doesn't just have a few historic buildings here and there, the entire town is dominated by a cohesive fabric of historic buildings, which are further kind of brought along by a form based code that allows a completely differently way of reshaping the future city of what additions are as Commissioner Antonini referred to. I also want to comment on their Art Institute which is very closely working with downtown merchants and vacant store fronts etc. They have a working hand-in-glove cooperation. It is very above board, very legal, and very strongly supported by the city because it actually brings in students and everything works together – housing, commerce, etc. I also want to make a comment triggered by Commissioner Sugaya. Lately I've been walking in the tenderloin and have been surprised that some of the new below market rate buildings, one in particular at the corner of Hyde and Eddy, have been vacant for quite some time. Only on the upper floors, in two units, have I seen people living, but the rest is empty. I don't understand. I want to ask someone, perhaps Sara when she presents the Housing Element, how are we bringing people to live in these buildings? This building has been completed at least six to eight months ago and it is still empty. That concerns me as we sit here and talk about the lack of housing and yet that is there and still vacant.

Commissioner Miguel:

Regarding the meetings in Japantown, they have been very interesting. The meeting on the 25^th is a large public meeting that will have MUNI there regarding Geary BRT and how they are currently planning to handle that Fillmore Street intersection. I was at the Housing Element presentation in the Richmond that went quite well, and during the past week I've been in meetings with Supervisor Mar, Tony Kelly of the Potrero Boosters, and both sides of the Market/Buchannan issue that is before us today.

Commissioner Olague:

She suggested to Commissioner Moore that she get the address and find out who manages the property (in the tenderloin) and call them, have a conversation with them. I'm sure they would have some insight. Maybe someone in the Department or the Mayor's Office of Housing can give you a contact. She was unable to addend the meetings on the Market/Buchanan project. She did attend a meeting in the Mission on the beginning discussions of raising heights on Mission Street. What role would the CAC play in those discussions when they are formed?

Commissioner Borden:

She participated in a panel discussion last night about education in San Francisco and it brought to my attention that every week and all the issues we talk about, the land use connections, we don't talk enough about education and the important role of how all of that stuff is interconnected. The city, how its value as a city, why people want to be here, and its growth and development, that our educational system and whether or not we are able to educate our kids, provide quality public schools, whether we are able to attract a great work force are really predicated on a lot of the decisions we make here every single week. And that brings me back to the conversation we've had about hosting a hearing on families in this city. We talk about family housing or creating opportunities for families, and education is kind of the critical component. Families choose to live in San Francisco if they feel their kid can go to a great school and if they don't feel that way they often don't stay. That is often a piece of the puzzle we don't discuss, but it's really critical. There is that issue of neighborhood schools. But it brings up neighborhoods and why people chose to live in neighborhoods and the relationship of a school to a neighborhood and how people chose to gather around that institution. It would be great if we could get that back on the agenda and have that discussion. I think it is too important a topic for us to miss out on. The panel also talked about the new program - SF Promise. San Francisco State University is the first CSU to offer any kid from 6^th grade onward that attends a San Francisco high school and performs at a certain level a guaranteed opportunity to go to college. I thought that was a really innovative program. She also mentioned the upcoming foreclosures in commercial real estate and how they have changed hands in the last five years; and how the expensive properties are now not getting the expensive rents. That is going to be a huge crisis that we haven't begun to fathom. Some of these assets help fund a lot of public services in the city and it's going to be a real problem as we try to balance this budget. Finally, I thought it was exciting that President Obama today is really stepping up his efforts on supporting high speed rail and an interconnective rail system throughout the country. California has already made our commitment to high speed rail and I think whatever we can do to support that project from where we are sitting and help other cities understand the importance would be a great thing.

Commissioner Antonini:

Noted that he met with the project sponsor of the Drew School project; the project sponsor of the 1960 Market project as well as a number of neighborhood groups who have some concerns.

Commissioner Lee:

Supports Commissioner Borden's request to have a hearing or get input from the School Board regarding family housing. Are we doing enough or not enough? I don't have a sense of it. I know quite a few of our students in the city go to private schools. A lot of younger parents move out of the city because they believe schools are better elsewhere. One of the areas we need to do better in San Francisco is in math and science.

2BD. DIRECTOR'S REPORT

5. Director's Announcements

Director Rahaim:

First, in response to Commissioner Antonini's question, the golf course could be designated as a historic landscape. [Second,] we have sent to the Board of Supervisors two different recommendations of proposals for Articles 10 & 11 – one for this commission and one for the HPC. The Board has not yet scheduled a hearing at the Land Use Committee. As soon as they do, we will let you know. [Third,] we have re-started the Glenn Park Neighborhood planning process. There is a community plan open house next week on Tuesday, 4/21, from 6:30 to 8:30 p.m. at the Glenn Park Elementary School auditorium. Department staff is organizing this meeting along with the staff of the MTA, who is doing the environmental review on that project since it involves some specific improvements to the Glenn Park station area.

6. Review of Past Week's Events at the Board of Supervisors, Board of Appeals, and Historic Preservation Commission.

AnMarie Rodgers reported on Board of Supervisors activities:

At the Land Use Committee:

• Info hearing on 1250 Missouri Street development. The project was permitted as a commercial/light industry use in 2001. Complaints were filed in 2008 that the scope of permit had been exceeded by converting the units into residential use. The Board asked for a status update at Monday's hearing in which Planning and DBI provided info regarding their review process and what further steps will be necessary to complete the project within the approved scope of work. A representative of the project sponsor was present and reaffirmed their willingness to work with both Departments to resolve the outstanding violations and complete their obligations to return this property to commercial use.
• Home Improvement District – resolution introduced last fall by Supervisors Maxwell, Ammiano & Dufty urging city agencies to consider the a home improvement district along Bayshore Blvd. They requested that this district have a green and sustainable overlay and character, spurred in part by the potential future arrival of Lowe's and potential impacts on existing businesses and on the character of the area. I response, the Mayor's Office, Planning Department, Department of the Environment and Redevelopment Agency have committed to develop an economic development strategy for this area.

At the Full Board:

• Visitacion Valley/Schlage Lock Redevelopment Plan was before the full Board this week. Minor technical amendments were made. Adoption is expected to be considered next week.
• India Basin Industrial Park – This rezoning was sponsored by Supervisor Maxwell and approved by the Planning Commission on February 5^th. Last week the Land Use Committee modified it to the setback requirement in the text amendment. With that amendment, the Full Board passed the Text and Map amendments on first reading.
• Inclusionary in Lieu Fees for Small Site Acquisition and Rehabilitation – this ordinance would amend PC Sec 315.6, controls for inclusionary housing to provide that 10% of in lieu fees paid ((not to exceed a maximum of $15 mission at any one time,)) to be designated exclusively for the acquisition or rehab of affordable housing sites consisting of less than 25 units. On 2/26, this commission voted to recommend several modifications to add flexibility. At the Land Use Committee, they increased the flexibility to the ordinance. With these amendments to increase flexibility, the Full Board passed the item on final reading.
• Zoning Map Amendment 401-421 Shields Street – this property was mistakenly zoned  public in the 1978 when a group of nearby parcels were acquired for the creation of Brooks Park. This property had remained in private ownership and this ordinance would rezone the property back to RH-1, which is consistent with the neighboring privately owned parcels. On 11/20/08, the Planning Commission recommended approval of this rezoning. This week the Board passed the item on final reading

Introductions:

• Supervisor Mirkarimi signed on as a sponsor for the Department-initiated  Residential Care SUD at 1500 Page Street. This ordinance is associated with a 38 room, 52 bed residential care project sponsored by the Mayor's Office of Housing.

Zoning Administrator Badiner reported on Board of Appeals activities:

• 1140 Potrero Ave – a DR item heard by this commission on 2/28/08. The Commission took DR and approved the project but set the third floor back approximately 12 feet. Your vote was 4 to 2, with Commissioners Moore and Olague dissenting. The appeal to the Board of Appeals was filed on concerns about excavation. However, what was expressed at the hearing were privacy concerns related to the deck on the third floor. With the modifications to require smaller windows and a solid door instead of a glass door, the Board of Appeals upheld your determination 4 to 1 with Commission Go dissenting.

Commission Secretary reported on Historic Preservation Commission:

• There were two items on their calendar: a request for a Certificate of Appropriateness on a rear addition to City Landmark #29 at 1348 10^th Avenue. After Commissioner Martinez expressed concern about proposed material to be used on two windows in the rear, the item was approved 4 to 0.
• The other item was an informational discussion on the revisions to Planning Code Articles 10 & 11.

E. 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.

F. 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.

SPEAKERS: None

1. CONSIDERATION OF FINDINGS AND FINAL ACTION – PUBLIC HEARING CLOSED

7. 2008.0940C (M. WOODS: (415) 558-6315)

U2250 VALLEJO STREETU - north side between Fillmore and Webster Streets; Lot 009, in Assessor's Block 0557 - Request for Conditional Use Authorization pursuant to Sections 303(c) and 317 of the Planning Code to allow the merger of eleven dwelling units into two dwelling units in a three-story over basement residential building, within an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Approval with Conditions, including Modifications to Retain More than Two Dwelling Units

(Continued from Regular Meeting of April 9, 2009)

NOTE: On March 26, 2009, following public testimony, the Commission closed the public hearing and passed a motion of intent to approve the project with two units as proposed by the project sponsor by a vote of +5 -2 with Commissioners Sugaya and Moore voting against. Final Language scheduled for April 9, 2009.

SPEAKERS: None

ACTION: Approved two units as proposed by project sponsor

AYES: Miguel, Antonini, Borden, Lee, and Olague

NAYES: Moore and Sugaya

MOTION: 17863

8. 2003.0527E (M. JACINTO: (415) 575-9033)

0BU1000 16^TH STREETU– four parcels comprising a triangular site bounded by Hubbell, 7th and 16th Streets and bisected by Daggett Street (Assessor's Block 3833, Lots 001, 002, and 003 and Assessor's Block 3834, Lot 001) – Certification of Final EIR. The project involves construction of an approximately 556,000 gross sq. ft. mixed-use project in three buildings on a vacant, 3.15-acre triangular site bounded by Hubbell, 7th and 16th Streets, including approximately 418,500 sq. ft. of residential use (approximately 450 dwelling units), approximately 1,250 sq. ft. of ground-floor commercial space, and approximately 15,964 sq. ft. of production, distribution and repair/small enterprise workspaces fronting Hubbell Street. The Final EIR also analyzes several variants of this mix of uses. The project could entail construction of publicly accessible open space within the Daggett Street right-of-way bisecting the site, as well as a landscaped plaza at the corner of Hubbell and 16^th Streets, opposite the intersection of Connecticut and 16th Streets. A two-level parking garage would provide approximately 283 independently accessible parking spaces. The garage's lower-level entrance would be located on Hubbell Street and the entrance/exit to the upper garage would be on 7^th Street. Pedestrian entrances would be provided along 16th, Hubbell, 7th and Daggett Streets. Building heights would be up to 68 feet. The project site is within an UMU (Urban Mixed Use) and PDR-1-G (Production, Distribution and Repair, General) Zoning District, a 68-X Height and Bulk District and within the Showplace Square/Potrero Hill Area Plan area. UPlease note: the public review period for the Draft Environmental Impact Report is closed. The Planning Commission does not conduct public review of Final EIRs. Public comments on the certification may be presented to the Planning Commission during the public comment portion of the Commission calendar.

1BUPreliminary Recommendation: Certify the Final EIR.

SPEAKERS: None

ACTION: Approved certification of the Final EIR

AYES: Miguel, Antonini, Borden, Lee, Moore, Olague, and Sugaya

MOTION: 17864

1. REGULAR CALENDAR

9. UHOUSING ELEMENT UPDATEU (T. OJEDA: (415) 558-6251)

Informational presentation in response to Commissioners' questions about housing data in preparation for the 2009 update of the Housing Element. The presentation will include an introduction to Part 1 of the Housing Element, the Data and Needs Analysis section, which includes a description and analysis of San Francisco's population, household and employment trends; existing housing characteristics; overall housing need, including housing needs of special population groups; and potential capacity for new housing based on existing land supply and development opportunity sites. A preliminary draft of this section of the Housing Element is expected to be released on April 16, 2009.

SPEAKERS: Hiroshi Fukuda and Marilyn Amini requested continuance of this matter to give the public more time to review the material that was not available until today. [These comments were made under the UItems Proposed for ContinuanceU category of today's calendar.] Marilyn Amini, Hiroshi Fukuda, Tim Lowe, Sue Hestor, Calvin Welch and Dan Murphy spoke at the call of the item

ACTION: Informational only – no action was taken by the Commission

10a. 2006.1065DDDD (S. VELLVE (415) 558-6263)

U145-149 Buena Vista Avenue East/52 Alpine TerraceU- west side between Waller Street and Duboce Avenue; Lots 036 and 037 (formerly Lot 005) in Assessor's Block 1258 - Requests for Discretionary Review of Building Permit Application No. 2006.09.20.2886, proposing to demolish an existing garage and to construct a new four-story, three-unit building at 52 Alpine Terrace that, in addition to providing its own required parking, would provide parking for a two-unit building at 145-149 Buena Vista East (requiring a Variance, Item 2b) in an RH-3 (Residential House, Three-Family) Zoning District and a 40-X Height and Bulk District. The existing three-car garage structure at 52 Alpine Terrace would be demolished.

Preliminary Recommendation: Do not take Discretionary Review and Approve

(Continued from Regular Meeting March 26, 2009)

SPEAKERS: None

ACTION: Without hearing, continued to May 14, 2009

AYES: Miguel, Antonini, Borden, Lee, Moore, Olague, and Sugaya

10b. 2006.1065V (S. VELLVE (415) 558-6263)

U145-149 Buena Vista Avenue East/52 Alpine TerraceU- west side between Waller Street and Duboce Avenue; Lots 036 and 037 (formerly Lot 005) in Assessor's Block 1258 - Request for a Parking Variance for two required off-street parking spaces that would be provided on a separate lot than the dwelling units in an RH-3 (Residential House, Three-Family) Zoning District and a 40-X Height and Bulk District. The project proposes to demolish an existing garage and to construct a new four-story, three-unit building that, in addition to providing its own required parking, would provide parking for a two-unit building at 145-149 Buena Vista East. The request will be heard by the Zoning Administrator.

(Continued from Regular Meeting of March 26, 2009)

SPEAKERS: None

ACTION: Without hearing, continued to May 14. 2009

AYES: Miguel, Antonini, Borden, Lee, Moore, Olague, and Sugaya

11. 2006.1431E (D. DWYER: (415) 575-9031)

U1960-1998 MARKET STREETU - northeast corner at Buchanan, Assessor's Block 0872, Lots 005, 006 and 007- Appeal of Preliminary Negative Declaration for the proposed project consisting of the demolition of the existing surface parking lot with approximately 20 carshare parking spaces; a Union 76 gas station comprised of a 1,710-square-foot, one-story building, three islands with gas pumps sheltered by metal canopy approximately 15 feet in height, and two 12,000-gallon underground storage tanks (USTs); and two 12 ft x 25 ft general advertising signs. The proposed project also would construct a nine-story, 85-foot-tall mixed-use building totaling approximately 146,800 gross square feet in area, including ground floor parking with approximately 108 condominium units, 86 off-street parking spaces located on the ground floor and in two below-grade garage levels, and three ground-floor commercial spaces totaling 8,150 square feet. The 21,200-square-foot project site is located at the northeast corner of the intersection of Market, Duboce and Buchanan Streets in an NCT-3 (Neighborhood Commercial Transit) Zoning District and 85-X Height and Bulk District.

Preliminary Recommendation: Uphold Preliminary Negative Declaration

(Continued from Regular Meeting of March 26, 2009)

SPEAKERS: Tanya Gulesseman spoke on behalf of the SF Building & Construction Trades Council

ACTION: Preliminary negative Declaration was upheld

AYES: Miguel, Antonini, Borden, Lee, Olague, and Sugaya

NAYES: Moore

MOTION: 17865

12a. 2006.1431EUCUV (J. IONIN: (415) 558-6309)

U1960-1998 MARKET STREETU - northeast corner at Buchanan Street, Assessor's Block 0872, Lots 005, 006 and 007 - Consideration of Adoption of CEQA Findings and Request for Conditional Use Authorization under Planning Code Sections 228 (Service Station Conversion), 731.11 (Development Lot Size) and 731.94 (Residential Off-street Parking) for the conversion of a service station and construction of a U-shaped mixed-use development with up to 115 residential units over ground floor commercial and subterranean parking below for up to 91 off-street parking spaces. The project lies within an NCT-3 (Neighborhood Commercial Transit, Moderate-Scale) District, an 85-X Height and Bulk District and the recently adopted Market & Octavia Plan Area.

Preliminary Recommendation: Approval with Modifications and Conditions

(Continued from Regular Meeting of March 26, 2009)

SPEAKERS: David Cincotta, Wisfer Aish, James Brayer, KC Custom Builders, Manish Champsee, Tim Colen, Peter Cusack, Bill Drypolcher, Everette Ersey, Brian Gavin, Miles Garber, Michael Grant, Vic Hundahl, Joe Kelly, John Kennedy, Randayl Kostick, Martin Kraenka, Diarmuid MacNeill, Solange Madriz, Asher McInerney, Jeff, Mummert, Josh Nasvik, Otto Pasian, Jim Ryan, Warner Schmalz, Chris Soly, Dar Spiers, and Colin Yasutiochi spoke in support. Kevin Angstenberger, Heather Brown, Pierro Gasztowtt, Tanya Gulessevian, Jason Henderson, Richard Henderson, Curt Holzinger, Dennis Richards, Bill Rusloni, Marius Stackey, David Troup, Iris Vaughan, Edouard Bedard, Peter Cohen, Kelly Gillian, Robert Hannah, Robin Levitt, Jim Warshell, and Tes Welborn spoke in opposition or had concerns.

ACTION: Following public testimony and commission deliberation, item was continued to May 21, 2009. Public hearing remains open.

AYES: Miguel, Antonini, Borden, Lee, Moore, Olague, and Sugaya

12b. 2006.1431ECUVU (J. IONIN: (415) 558-6309)

U1960-1998 MARKET STREETU - northeast corner at Buchanan Street, Assessor's Block 0872, Lots 005, 006 and 007, located in an NCT-3 (Neighborhood Commercial Transit, Moderate-Scale) District, an 85-X Height and Bulk District and the recently adopted Market & Octavia Plan Area. REAR YARD, USABLE OPEN SPACE, AND EXPOSURE VARIANCES SOUGHT: The proposal is to demolish the service station and construct a U-shaped mixed-use development with up to 115 residential units over ground floor commercial and subterranean parking for up to 91 off-street parking spaces.

(Continued from Regular Meeting of March 26, 2009)

SPEAKERS: Same as those listed for item 12a.

ACTION: Following public testimony and commission deliberation, the Zoning Administrator continued this item to May 21, 2009. Public hearing remains open.

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

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

SPEAKERS: Ed Badard regarding the good news that came out of Washington today about the fast-rail and how this can impact our moving toward a transit-first city.

Adjournment: 8:22 p.m.

ADOPTED: May 21, 2009