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City and County of San Francisco
June 4, 2009

SAN FRANCISCO

PLANNING COMMISSION

Meeting Minutes

Commission Chambers - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, June 4, 2009

1:30 PM

Regular Meeting

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

COMMISSIONERS ABSENT: Moore

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

STAFF IN ATTENDANCE: John Rahaim – Director of Planning, Larry Badiner – Zoning Administrator, Glenn Cabreros, Jonas Ionin, Christine Lamorena, Elizabeth Watty, Tara Sullivan, Steve Shotland, Mary Woods, Tom Wang, 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. (R. DUDLEY: (415) 575-9068)

JAPANTOWN BETTER NEIGHBORHOOD PLAN - Second of Two Informational Presentations on the Draft Japantown Better Neighborhood Plan. This two year community planning process has resulted in a draft plan that is seeking endorsement by the Commission on June 25th. The two informal presentations will be organized by topics. The first presentation provided an overview of the planning process and focused on the Draft Plan's recommendations for community and economic development and community heritage. The presentation on June 18th will focus on recommendations for land use, built form and public realm.

Preliminary Recommendation: No action required.

(Proposed for Continuance to June 18, 2009)

SPEAKERS: None

ACTION: Continued as proposed

AYES: Miguel, Antonini, Lee, Olague and Sugaya

ABSENT: Borden and Moore

2a. 2008.0788CV (A. Starr: (415) 558-6362)

50-52 GRENARD TERRACE - located in the middle of the block bounded by Van Ness Avenue, Lombard Street, Polk Street and Greenwich Street, Lot 009, in Assessor's Block 0502 - Request for Conditional Use Authorization under Planning Code Sections 253, 303 and 317 to construct a building higher than 40' in height and to demolish the two-unit, two-story over garage building with four bedrooms, and to construct a two-unit, three-story over garage with penthouse building with 5 bedrooms in a RH-3 (Residential, House, Three-Family) District and a 65-A Height and Bulk District.

Preliminary Recommendation: Disapprove

(Continued from Regular Meeting of May 21, 2009

(Proposed for Continuance to June 18, 2009)

SPEAKERS: None

ACTION: Continued as proposed

AYES: Miguel, Antonini, Lee, Olague and Sugaya

ABSENT: Borden and Moore

2b. 2008.0788CV (A. Starr: (415) 558-6362)

50-52 GRENARD TERRACE - located in the middle of the block bounded by Van Ness Avenue, Lombard Street, Polk Street and Greenwich Street, Lot 009, in Assessor's Block 0502 - Request for Variances from the front setback and rear yard requirements pursuant to Sections 132 and 134 of the Planning Code, to allow the proposed building to be located within the required 6' front setback and to be located within the required 15' rear yard setback within an RH-3 (Residential, House, Three-Family) District and a 65-A Height and Bulk District.

(Continued from Regular Meeting of May 21, 2009)

(Proposed for Continuance to June 18, 2009)

SPEAKERS: None

ACTION: Continued as proposed

AYES: Miguel, Antonini, Lee, Olague and Sugaya

ABSENT: Borden and Moore

3. 2005.1106E (J. BATTIS (415) 575-9022)

2655 BUSH STREET - Appeal of Preliminary Mitigated Negative Declaration .Lot 024 of Assessor's Block 1052, is located at the southwest corner of Divisadero and Bush Streets within the block bounded by Bush Street to the north, Divisadero Street to the east, Sutter Street to the south, and Broderick Street to the west, in the Western Addition neighborhood The project is the demolition of the existing vacant two-story, 20-foot-high, approximately 48,000-square-foot, 116-bed convalescent facility with approximately 1,000 square feet of commercial space and a below-grade 22-space ground-level parking garage, and construction of a new four-to-six-story, 40-to-65-foot-high, 108,000-square-foot building with about 4,500 square feet of ground-level retail space and about 83 dwelling units above, and a below-grade parking garage for up to 99 vehicles. The 33,522-square-foot project site is within a NC-3 (Moderate-Scale Neighborhood Commercial) zoning district and a 40-X/65A height and bulk district.

Preliminary Recommendation: Uphold Preliminary Mitigated Negative Declaration

(Proposed for continuance to June 25, 2009)

SPEAKERS: None

ACTION: Continued as proposed

AYES: Miguel, Antonini, Lee, Olague and Sugaya

ABSENT: Borden and Moore

4. 2008.1076C (S. Young: (415) 558-6346)

1699 HAIGHT STREET - southeast corner of Haight and Cole Streets; Lot 020 in Assessor's Block 1247 - Request for Conditional Use Authorization under Sections 719.26 and 303 of the Planning Code to legalize an existing automatic teller machine (ATM) walk-up facility, without providing a 3-foot recession from the front property line, located in the Haight Street Neighborhood Commercial Zoning District and a 40-X Height and Bulk District. The existing walk-up facility is an accessory use to an existing liquor store (dba Haight & Cole Liquors).

Preliminary Recommendation: Pending

(Proposed for Indefinite Continuance)

SPEAKERS: None

ACTION: Continued as proposed

AYES: Miguel, Antonini, Lee, Olague and Sugaya

ABSENT: Borden and Moore

  1. REGULAR CALENDAR

5a. 2007.0129DDD (G. CABREROS: (415) 558-6169)

100 32nd Avenue - southeast corner of 32nd Avenue and El Camino del Mar; Lot 008 in Assessor's Block 1312 - Requests for Discretionary Review of Building Permit Application No. 2007.01.19.2027 proposing to construct a three-story side horizontal addition and to enlarge the existing partial fourth floor of the four-story, single-family residence. The subject building is within 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.

(Continued from Regular Meeting of May 7, 2009)

SPEAKERS: Steve Williams – Representing one of the DR Requestors on 37th Avenue; Sanford Garfinkel, Norman Kondy, Nancy Garfinkel,, Joe butler, Jane Kim, Bernardo Urquieta – Project Architect, Tim Fredel – Project Sponsor, Alice Barkley – Representing the Project Sponsor, Rob Povlitz, Dan Gannon

ACTION: The Commission took discretionary review and approved the project with a modification to provide divided glass at proposed bay window along west façade.

AYES: Miguel, Antonini, Borden and Lee

NAYES: Olague and Sugaya

ABSENT: Moore

DRA: 0087

5b. 2007.0129V (G. CABREROS: (415) 558-6169)

100 32nd Avenue - southeast corner of 32nd Avenue and El Camino del Mar; Lot 008 in Assessor's Block 1312 - Request for Variances from Planning Code Sections 133, 134 and 188 to modify a required side yard, the required rear yard and a noncomplying structure. The project proposes to construct a three-story side horizontal addition and to enlarge the existing partial fourth floor of the four-story, single-family residence. The subject building is within an RH-1(D) (Residential, House, One-Family, Detached) Zoning District and a 40-X Height and Bulk District.

(Continued from Regular Meeting of May 7, 2009)

SPEAKERS: Same as those listed for item 5a

ACTION: The Zoning Administrator closed the public hearing and granted the variances subject to the standard conditions of approval

6a. 2006.1431ECV (J. IONIN: (415) 558-6309)

1960-1998 MARKET STREET - 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 May 21, 2009)

NOTE: On April 16, 2009, following public testimony, the commission continued this item to 5/21/09 with instructions to Project Sponsor to reach out to the neighborhood more and continue working with staff on the design. Public hearing remains open (+7 -0).

SPEAKERS: Brian Spears – Project Sponsor, John Connelly – Project Team, Peter Cohen – Duboce Triangle, David Troup – Duboce Triangle Neighborhood Association, Robin Levitt – Hayes Valley Neighborhood Association, Joel Koppel – San Francisco Electrical Industry, Kate Lefkowitz – San Francisco Housing Action Coalition, Michael Theriault – San Francisco Building and Construction Trades Council, Tanya Glesserian – on behalf of the San Francisco Building & Construction Trades Council, Adrian Simi – Carpenters Local 22, Alex Lantsbert – Carpenters Local 22, Brian Gavin, John Kennedy, Josh Nasvik, Miles Garber, Colin Yasukochi, David Gruber, [un-named speaker], Michael, Steve Williams, Kelly Gillian – City Car Share, Bill Rusconi, Chris Folly, Abigail Glynn – Davis Realty Company

ACTION: Adopted CEQA findings and approved the conditional use with the modifications to the motion from staff that includes the deletion of Objective 11, Policy 11.3 on page 15; delete the language regarding the Housing Element on page 14; and add the Commission's finding that the project sponsor may come back at a later date to propose modifications to parking

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

ABSENT: Miguel and Moore

MOTION: 17894

6b. 2006.1431ECV (J. IONIN: (415) 558-6309)

1960-1998 MARKET STREET - 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 May 21, 2009)

SPEAKERS: Same as those listed for item 6a

ACTION: The Zoning Administrator closed the public hearing and granted the variances subject to the standard conditions of approval

7. 2009.0068C (C. LAMORENA: (415) 575-9085)

626-628 CLEMENT STREET - on the north side between 7th and 8th Avenues; Lot 022 of Assessor's Block 1426 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303 and 716.48, to convert a portion of the existing ground retail space (dba D&B Wireless) into a new "other entertainment" use as a karaoke lounge (dba Volar Music Land) within the Inner Clement Street Neighborhood Commercial District and 40-X Height and Bulk District.

Recommendation: Approval with Conditions

SPEAKERS: Barry Young – Project Sponsor, Richard Ou

ACTION: Approved

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

ABSENT: Miguel and Moore

MOTION: 17896

8. 2009.0273C (E. Watty: (415) 558-6620)

9 WEST PORTAL AVENUE - east side between Ulloa and Vicente Streets; Lot 029 in Assessor's Block 2979A - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303, 729.41, and 790.22, to allow for the addition of a bar within the existing retail liquor store (DBA WineStyles) within the West Portal Neighborhood Commercial District and 26-X Height and Bulk District.

Preliminary Recommendation: Approval with conditions

SPEAKERS: Tuija Catalano – Representing the Project Sponsor, Keith McCardell, Jeffrey Goodman, Jane Shepard, Araun Shepard, Stephanie McCardell, David Fitzgerald, Andrew Beaurline, Helena Linton, Whitney Morris, Latoya Christensen, John Nettosherm, Mark Lunsford, Julie Lunsford, Michael Hall, Lenord Warren, Anna Shea, Dana Fredsti, Andi Trindle

ACTION: Approved as modified to allow up to eight (8) seats; hours from 9 a.m. to 8 p.m.; and no more that 1/3 of the floor area to be used for the consumption of wine

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

ABSENT: Miguel and Moore

MOTION: 17897

9. 2008.0135U (T. SULLIVAN: (415) 558-6257)

Amendments to the Building Code regarding Vacant and Abandoned Buildings [Board File No. 09-0554] - Ordinance introduced by Supervisor Chiu amending the Building Code by adding Section 103A.4 to require the owner of a vacant or abandoned building to register the building with the Department of Building Inspection, require the owner to maintain the grounds and the exterior and the interior of the building in good condition, and provide that a property in violation of the requirements is a public nuisance; and by amending Section 110, Table 1A-J to establishment an annual fee.

Preliminary Recommendation: Approval with Modifications

SPEAKERS: David Noyola – Aide to Supervisor Chiu, Nancy Wuerfel, Sue Hestor, Jed lane

ACTION: Approved with modifications to define what a vacant building is; once an owner is sent notice that a property is vacant, the property owner would have 30 days to register the property with the city before the city can issue a Notice of Violation and take the owner through enforcement procedures; the registry and updates to it are to be disseminated to the Building Department, the Planning Department, and the Department of Public Works; references to other ordinances that address this should be referenced in this proposed ordinance; the property owner would be required to provide the city with a plan of what they propose for the building; if a building is a known historic resource, the owner would be obligated to follow the Secretary of the Interiors' standards for moth balling; after a year, the property owner would be required to put in metal grates and doors as well as a commercial installed 24-hour security system; the maintenance provisions should be clarified more; find a way to capture buildings that may be partially occupied, but otherwise vacant; allow for violations against persons that are intent to harm the building v the owner who has properly noticed and secured the building; come up with a hardship provision

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

ABSENT: Miguel and Moore

RESOLUTION: 17895

10a. 2007.0347EMT (S. Shotland: (415) 558-6308) CONSIDERATION OF ADOPTING A RESOLUTION OF INTENTION TO INITIATE AMENDMENTS TO THE GENERAL PLAN - related to the San Francisco Bicycle Plan. Pursuant to Planning Code Section 340 (c), the Commission will consider initiating amendments to the General Plan, including the Transportation Element and Downtown Area Plan.

Preliminary Recommendation: Approval

SPEAKERS: None

ACTION: Approved initiation

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

ABSENT: Miguel and Moore

RESOLUTION: 17898

10b. 2007.0347EMT (S. Shotland: (415) 558-6308) CONSIDERATION OF ADOPTING A RESOLUTION OF INTENTION TO INITIATE AMENDMENTS TO THE PLANNING CODE - related to the San Francisco Bicycle Plan. Pursuant to Planning Code Section 302 (b), Commission will consider initiating an amendment to Sections 155, 155.1, 155.4, and 155.5 of the Planning Code.

Preliminary Recommendation: Approval

SPEAKERS: None

ACTION: Approved initiation

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

ABSENT: Miguel and Moore

RESOLUTION: 17899

11. 2008.1227D (M. WOODS: (415) 558-6315)

167 8TH AVENUE - west side between California and Lake Streets; Lot 014 in Assessor's Block 1368 - Mandatory Discretionary Review, pursuant to Planning Code Section 317, of Building Permit Application No. 2008.11.17.6734, proposing to legalize the existing single-family use, in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Do not take Discretionary Review and approve the application

SPEAKERS: Jeremy Paul – Representing the Project Sponsor

ACTION: The Commission did not take discretionary review and approved the application

AYES: Olague, Antonini, Lee, and Sugaya

ABSENT: Borden, Miguel and Moore

DRA: 0088

12. 2008.0285D (T. WANG: (415) 558-6335)

109 ALPINE TERRACE - on the east side of Alpine Terrace between Duboce Avenue and 14th Street; Lot 041 in Assessor's Block 2610 - Request for Discretionary Review of Building Permit Application No. 2008.01.22.3004, proposing to alter an existing two-story over garage, single-family dwelling, including a fourth-story vertical addition; a rear two-story addition; and a replacement of the existing 8-foot wide garage door with a 10-foot wide garage door. The property is in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.

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

SPEAKERS: Jim White – DR Requestor, Lee Moulton – Representative of Project Sponsor, David mcClusky – Project Sponsor, Peter lynch, Jorge Carbonell – Project Architect Team

ACTION: The Commission did not take discretionary review and approved the project as proposed

AYES: Olague, Antonini, Lee, and Sugaya

ABSENT: Borden, Miguel and Moore

DRA: 0089

C. COMMISSIONERS' QUESTIONS AND MATTERS

Adoption of Commission Minutes- Charter Section 4.104 requires all commissioners to vote yes or no on all matters unless that commissioner is excused by a vote of the Commission. Commissioners may not be automatically excluded from a vote on the minutes because they did not attend the meeting.

13. Consideration of Adoption:

  • Draft Minutes of Regular Meeting of March 26, 2009
  • Draft Minutes of Special Meeting of March 26, 2009
  • Draft Minutes of Regular Meeting of April 9, 2009
  • Draft Minutes of Regular Meeting of May 21, 2009
  • Draft Minutes of Special Meeting of May 21, 2009

SPEAKERS: None

ACTION: Approved

AYES: Antonini, Lee, Olague and Sugaya

ABSENT: Borden, Miguel and Moore

14. 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 Sugaya:

He received a letter from the National Trust for Historic Preservation regarding Japantown Better Neighborhoods Plan. In paragraph two or three there was a statement made about what kind of action the Commission could or couldn't take with respect to the CEQA language which says we are not supposed to be adopting plans or whatever it is, or even indicating support prior to the EIR being done. I forwarded that to the City Attorney's office to get some clarification. Maybe staff could follow up.

Director Rahaim responded:

I saw that email and we are happy to get more clarification on that.

Commissioner Sugaya:

I just don't want to be in violation.

Commissioner Olague:

I would like to understand a little bit better the laws govern disability and access. It comes up here occasionally and I just feel that I could use a briefing and more information on those laws.

Zoning Administrator Badiner responded:

For clarification, I want to understand whether you are interested in understanding ADA as it relates to Building Code and when you have to do an elevator and when you have to this and that.

Commissioner Olague:

All of it. Sometimes you see a project and & It is something I want to be more sensitive to. Reasonable accommodations and ADA -- Maybe it's a briefing on both for me; maybe from the Mayor's Office of Disability. It could be at the Department if no other commissioners are interested.

D. DIRECTOR'S REPORT

15. Director's Announcements

Director Rahaim:

I think Tara Sullivan sent you an email today that related to Articles 10 and 1. It had two things in it. One is a chart that compares the recommendations of the Historic Preservation Commission to those of the Planning Commission on the seven or eight key issues that you all discussed. It also has the maps that Tara and staff have prepared to look at the areas that are affected by Articles 10 and 11.

Zoning Administrator Badiner:

I granted a four month extension on a conditional use for 140 Ellis/317 Leavenworth. This project required a permit to convert a residential hotel. They only got the permit to convert issued by DBI about three months before the three years would have expired under the CU. I granted an additional four months to go through the process. I thought it was reasonable because they were pursuing the permit diligently through a city process.

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

BOARD OF SUPERVISORS

Land Use:

  • Building Code – This ordinance would require amended certificates of final completion and occupancy for changes of occupancy of existing buildings. The Commission heard this on March 26 and recommended 1) expanding the breadth of the ordinance to the entire city, 2) adding language to ensure that fees normally captured at final occupancy would also be captured at amended occupancy, and 3) asked that the Board consider the impact of the ordinance on affordability. This week the Committee heard an amended ordinance that would pertain to the entire city and would capture any fees normally collected at final occupancy, as recommended by this Commission. The Committee recommended approval and forwarded the item to the full Board.

Full Board:

  • Union Street NCD – This ordinance would amend the Planning Code to provide for up to 12 new small self-service restaurants andor self-service specialty food uses subject to conditional use authorization. The Commission recommended approval of the ordinance on April 23rd of this year. This week the full Board passed the ordinance on first reading.

Legislation Introduced:

  • Resolution urging the MTC to reallocate founds from highway expansion to public transit and environment and community-friendly highway designs (Chiu)
  • Two Department-initiated pieces of legislation were introduced by the Mayor:
  1. Fee Procedures and Adjustments: amending Article 3.5 to increase fees to recover costs for monitoring conditions of approval and the GASP; establish Code Enforcement violation penalties; modify refund procedures; establish a new processing fee for phased payments and other modifications.
  2. Code Enforcement Fund: amending the Administrative Code, Section 10.100-166 to expand the Code enforcement fund beyond GASP and to receive all types of revenues for code enforcement; amending various Planning Code sections related to code enforcement to make clarifying changes and provide that violations of the GASP are public nuisances.
  • Resolution authorizing the issuance of a demolition permit by the Planning Department and/or DBI to Kaiser Permanete for the residential property at 1401-1417 Divisadero

BOARD OF APPEALS

  • Sign Demolition – A property owner came in for demolition of a sign and replacement which was allowed. The owner of the sign, CBS, wasn't notified. They claim they should have been. We said there was no requirement. The Board of Appeals upheld us and said if the sign company wants to put a BBN on the property, they could so.

HISTORIC PRESERVATION COMMISSION

  • Under General Public Comment, Mr. Peter Warfield spoke about his concern for the proposed changes and the loss of linear footage in shelving of the Park Ranch Library in the Haight. His comments ultimately prompted Commissioner Martinez to request a full presentation on libraries in the city. Commissioner Damkroger agreed.
  • HPC also had the Vacant Building Ordinance before them. They voiced concerns that staff will capture in modifications to the ordinance.
  • Japantown Better Neighborhoods Plan – The Historic Resource Survey component of that plan was presented to the commission. President Chase was recused from participating so we had a four-member commission to hear this. Following staff presentation and public comment, and at the start of commissioner's comments, our newest commissioner, Ms. Matsuda stated that she owned property in Japantown. At that point we had to stop the meeting and consult with the Deputy City Attorney. Ms. Matsuda had to recuse herself from any further participation in or on that issue. Because we had lost our quorum, discussion on that item could not resume. Vice President Damkroger established a Committee of the Commission to hear this item on June 17.

17. (B. BENDIX: (415) 575-9089)

1250 MISSION STREET - Informational presentation on the status of the project.

SPEAKERS: None

ACTION: Without hearing, continued to June 18, 2009

AYES: Miguel, Antonini, Lee, Olague and Sugaya

ABSENT: Borden and Moore

E. 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: None

Adjournment: 7:34 P.M.

ADOPTED: June 18, 2009

Last updated: 11/17/2009 10:00:38 PM