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February 4, 2009

San Francisco

Historic Preservation Commission

Meeting Minutes

Commission Chambers – Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Wednesday, February 4, 2009

12:30 P.M.

Regular Meeting

COMMISSIONERS PRESENT: Chase, Damkroger, Hasz and Martinez

COMMISSIONERS ABSENT: None


THE MEETING WAS CALLED TO ORDER BY COMMISSION SECRETARY AVERY AT 12:40 P.M.

STAFF IN ATTENDANCE: Mark Luellen – Acting Chief of Neighborhood Services, Sophie Middlebrook – Acting Preservation Coordinator, Shelley Caltagirone, Tim Frye, Timothy Johnson, Pilar LaValley, Irene Nishimura, Tara Sullivan-Lenane, and Linda Avery – Commission Secretary

ACTION ITEM(S)


A. ADOPTION OF RULES AND REGULATIONS

1. (M. LUELLEN: 558-6478)

HISTORIC PRESERVATION COMMISSION RULES AND REGULATIONS Discussion and action to adopt Rules and Regulations pursuant to Charter Section 4.104(a)(1).

SPEAKER(S):

Aaron Peskin, former President of the Board of Supervisors

Aaron Goodman, Park Merced Resident Organization

ACTION: Adopted as amended by City Attorney Byrne to allow interim officers until at least six (6) commissioners are seated, at which time the commission will hold their election of officers to serve a full one-year term.

AYES: Chase, Damkroger, Hasz, and Martinez (+4 -0)


B. ELECTION

2. ELECTION OF OFFICERS: The Commission will elect a President and Vice President.


SPEAKER(S):

Aaron Peskin, former President of the Board of Supervisors

ACTION: Commissioner Martinez (seconded by Hasz) moved to elect an Interim President and Vice President until six (6) members of the Historic Preservation Commission are seated.

ACTION: Commissioner Martinez (seconded by Hasz) moved to elect Charles E. Chase as Interim President and Courtney Damkroger as Interim Vice President.

AYES: Chase, Damkroger, Hasz, and Martinez (+4 -0)

C. PUBLIC COMMENT

At this time, members of the public may address the Historic Preservation Commission on items of interest to the public that are within the subject matter jurisdiction of the Historic Preservation Commission except agenda items. Public comment will be taken on each agendized item. Each member of the public may address the Commission for up to three minutes. If it is demonstrated that comments by the public will exceed 15 minutes, the President or chairperson may continue Public Comment to another time during the meeting.

The Brown Act forbids a commission or board 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, not on an agendized item, the Commission is limited to:

(1) briefly responding to statements made or questions posed by members of the public, or

(2) requesting staff to report back on a matter at a subsequent meeting, or

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

SPEAKER(S):

Larry Badiner, Assistant Director and Zoning Administrator

- Director Rahaim would have liked to attend but had a scheduling conflict. The Planning Department staff looks forward to working with you as we move into the future. This is a great opportunity for the city, preservation, and department staff. Under Mark Luellen's leadership there has been great strides in preservation over the past 5 years. There is a preservationist on every Neighborhood Planning team and the Department has a very strong survey staff team.

Steward Morton

- This is the beginning of a new era, congratulations on becoming commissioners.

- He is concerned about 901 Phelps Street and 717 Battery Street. He stated that there was no need for these properties to have categorical exemptions.

- He suggested that North Beach Library is in need of a preservation outlook.

Michael Levin

- Congratulated the HPC. He provided a slide show on San Francisco's historic architecture that had been demolished and replace with other structures. The Landmarks Board did not have sufficient power to prevent these tragedies. He hopes that the HPC will be able to preserve San Francisco's architecture and history.

Aaron Goodman, Park Merced Resident Organization

- He had concerns about the notification section –  whereas it states effective property owners , it doesn't include tenants or businesses in potential historic properties. He stated that Park Merced was nominated in the Cultural Landscape Foundation. He feels that the parcels that were purchased by SFSU master plan should be under the HPC preview with the California State University.

GeeGee Platt

- She stated that it is very exciting to have a Historic Preservation Commission. She hopes that Interim President Chase would appoint Commissioner Martinez to the Historic Preservation Fund Committee which is scheduled to meet next Wednesday. She supports Steward Morton's comments regarding the quality of documents for environmental review. She is considering creating a non-profit organization to sue the department on categorical exemptions. She suggested that this issue be calendared for discussion.


D. REPORTS

Commission Secretary Avery requested to move item #5 (Matters of the Commission) to be heard after Public Comment. The agenda was heard in the following order: #'s 5, 3, and 4

5. MATTERS OF THE COMMISSION

Commissioner Alan Martinez

- He is an architect who has operated his own firm in San Francisco for over 20 years. He attended UC Berkeley and has been heavily involved in preservation. He has been the co-chair for the Friends of 1800 (a preservation organization particularly interested in historical sites).

- He requested to calendar a discussion on the Landmarks Work Program.

- He requested that he be appointed to the Historic Preservation Fund Committee.

Commissioner Karl Hasz

- He is a general contractor, restaurant developer and a former member of the Landmarks Preservation Advisory Board.

Commissioner Courtney Damkroger

- Prior to this appointment she was a member of the Landmarks Preservation Advisory Board. Her professional background is in historic preservation. From 2000 to 2005 she was the historic preservation officer for the City of San Jose, she also worked for the National Trust for Historic Preservation.

- She requested calendaring the concerns raised during public comment regarding Categorical Exemption for discussion.

Commissioner Charles Chase

- He has a Master and BA degree in architecture with specialty in architectural preservation. He has 30 years of experience in the field. In the private sector, he has been and is an architect and in government, he was a city architect for Florida and South Carolina. He was also the former Executive Director for S.F. Architectural Heritage. Currently, he is the Director for Architectural Resource Group.

3. STAFF REPORT AND ANNOUNCEMENTS

Mark Luellen, Acting Chief of Neighborhood Services

- Congratulations to Interim's President Chase and Vice President Damkroger on their appointments.

- He discussed some of the administrative changes within the Planning Department. He will be serving as the Acting Chief of Neighborhood Services, Sophie Middlebrook will serve as the Acting Preservation Coordinator and Linda Avery will serve as the Commission Secretary.

- Binders have been provided to each Commissioner that contains Article 10 and 11, the Rules and Regulations, and the State Historic Building code. If any other information is needed, please let staff know.

Marlena Byrne, Deputy City Attorney

- She briefly discussed the charter amendment that was passed in November which created the Historic Preservation Commission body. She discussed the scope of the Commission authority as it differed from the Landmarks Preservation Advisory Board. She distributed copies of charter section 4.135 to the Commissioners and the public. Discussion ensued.

4. PRESIDENT'S REPORT AND ANNOUNCEMENTS

Interim President Chase appointed Commissioner Martinez to represent the Historic Preservation Commission at the Historic Preservation Fund Committee.

Tape # 1A

NON-ACTION ITEM(S)


E. INFORMATIONAL PRESENTATION


6. (T. SULLIVAN-LENANE: 558-6257)

Planning Code Articles 10 and 11: Informational Presentation to discuss policy issues for preservation planning and the rewriting of Articles 10 (Preservation of Historical Architectural and Aesthetic Landmarks) and Article 11 (Preservation of Buildings and Districts of Architectural, Historical, and Aesthetic Importance in the C-3 Districts) to implement the provisions of the new San Francisco Charter Section 4.135 (Historic Preservation Commission).

SPEAKER(S):

Steve Akinson

GeeGee Platt

Aaron Goodman

ACTION: No action is required of the Commission. Informational presentation only

The Commission requested to be updated regularly.

Tape 1A and 1B

ACTION ITEM(S)

F. REVIEW AND COMMENT

7. 2005.0164E (T. JOHNSON: 575-9035)

BAY DIVISION RELIABILITY UPGRADE PROJECT – An informational presentation on the proposed project and Public Hearing to assist the Historic Preservation Commission to prepare a comment letter on the Draft Environmental Impact Report (DEIR). The San Francisco Public Utilities Commission (SFPUC) is proposing the Bay Division Reliability Upgrade Project (also known as  BDPL No. 5 ). The project would be constructed as a 21 mile pipeline, parallel to, and within the existing right-of-way (ROW) of BDPL Nos. 1 and 2, which originate at the Irvington Tunnel Portal in Fremont, pass through the cities of Fremont and Newark in Alameda County, cross the Bay at the Dumbarton Strait, and continue through the cities of East Palo Alto, Redwood City, Menlo Park, and unincorporated areas of San Mateo County. The project (also referred to as  BDPL No. 5 ) would include a seven-mile  reach (or sub-segment) in the East Bay that begins approximately 100 feet east of Mission Boulevard, near the Irvington Tunnel Portal, and continues westward through the cities of Fremont and Newark to the Newark Valve Lot. A proposed five-mile tunnel would extend from the Newark Valve Lot to the Ravenswood Valve Lot in Menlo Park, crossing beneath the Bay. From the Ravenswood Valve Lot, BDPL No. 5 would extend nine miles westward to the Pulgas Tunnel Portal in unincorporated San Mateo County. Written comments will be accepted at the Planning Department's offices until the close of business on Thursday, February 5, 2009.

The Historic Preservation Commission will receive public testimony, discuss the Draft Environmental Impact Report (DEIR), and direct staff to draft written comments of the Commission on the DEIR.

SPEAKER(S):

Scott McPhearson, Project Sponsor, S.F. Public Utilities Commission

Kirk Ramsetta, Project Sponsor

ACTION: Commissioner Martinez (seconded by Hasz) motion to direct staff to prepare the Commissioners formal written comments on the DEIR to the ERO.

AYES: Chase, Damkroger, Hasz, and Martinez (+4 -0)

Tape #: 1B

8. (P. LaVALLEY: 575-9084)

166-178 TOWNSEND STREET, is located at the intersection of Clarence Place and Townsend Street, Lot 12 in Assessor's Block 3788 – Request for Review and Consideration of a Draft Resolution recommending approval of a Mills Act historical property contract for 166-178 Townsend Street, which is a contributing resource to the South End Historic District designated pursuant to Article 10 of the Planning Code. The Mills Act authorizes local governments to enter into contracts with owners of private historical property who, through the historical property contract, assure the rehabilitation, restoration, preservation and maintenance of a qualified historical property. In return, the property owner enjoys a reduction in property taxes for a given period. The subject property is within a SLI (Service/Light Industrial) District and a 50-X Height and Bulk District.

Preliminary Recommendation: Approval of Resolution Recommending Approval of the Mills Act Contract

SPEAKER(S):

Patrick McNerney, President, Martin Building Company

Ramsey Daya, Regency Capital Partners

Alice Carey, Carey and Company

ACTION: Commissioner Hasz (seconded by Martinez) motion to approve the resolution recommending approval of the Mills Act Contract.

AYES: Chase, Damkroger, Hasz, and Martinez (+4 -0)

RESOLUTION: 631

Tape #: 1B and 2A

9. (S. CALTAGIRONE: 558-6625)

227 LAGUNA STREET, Assessor's Block 0851, Lot 049, west side between Page and Haight Streets. Request for Review and Comment as part of the Market and Octavia Area Plan Interim Procedures, regarding a proposed open-air staircase and deck at the rear portion of the side (north) façade and roof deck with windscreen for this two-story-over-basement, two-unit, wood-framed building was built in circa 1900 in the Queen Anne style. The subject property is a contributing building to a potential historic district and is located within an RTO (Residential Transit-Oriented) District with a 40-X Height and Bulk limit.

Preliminary Recommendation: Adopt Staff's Comments

SPEAKER(S):

Stephen Liacouras, Property owner

Tomer Maymon, Architect

ACTION: Commissioner Martinez (seconded by Damkroger) motion to adopt staff comments with the following condition: to use lighter materials

AYES: Chase, Damkroger, Hasz, and Martinez (+4 -0)

10. 2004.0764E (I. NISHIMURA: 575-9041)

1634-1690 PINE STREET MIXED-USE PROJECT - An informational presentation on the proposed project and Public Hearing to assist the Historic Preservation Commission to prepare a comment letter on the Draft Environmental Impact Report (DEIR). The project would include demolition of five historical automotive-related buildings and a parking lot on the northeast corner of Pine and Franklin streets (Lots 007, 008, 009, 010, 011, and 011a in Assessor's Block 0647; within an NC-3 [Neighborhood Commercial, Moderate-Scale] District and a 130-E Height and Bulk District). After demolition, a two-tower, mixed-use residential-commercial building with five levels of underground parking would be constructed. One tower, on the east portion of the project site, would be 155 feet high with 15 stories, and the other tower, on the west portion, would be 240 feet high with 24 stories. The towers would be connected with an 18-foot high lobby. The new building would include up to 283 dwelling units, approximately 6,400 square feet of ground floor commercial/restaurant space, and up to 317 parking spaces. In addition, the project would provide approximately 4,000 square feet of publicly accessible, usable open space in front of the proposed building, along Pine Street.

The DEIR identifies two significant historical resources impacts: 1) The proposed demolition of the five historic architectural buildings, individually, would be a substantial adverse impact on historical resources; and, 2) The proposed demolition of the five buildings would be a cumulative significant impact on a potential automotive-themed historic district. Written comments will be accepted at the Planning Department office until the close of business on Tuesday, February 17, 2009.

The Historic Preservation Commission will receive public testimony, discuss the Draft Environmental Impact Report (DEIR), and direct staff to draft written comments of the Commission on the DEIR.

SPEAKER(S):

Alex Bevk, S.F. Architectural Heritage

Al Thornbird, Fashion Institute of Design

ACTION: Commissioner Martinez (seconded by Hasz) motion to direct staff to prepared the Commission written comments on the DEIR to the ERO. The Commission would like the letter to include that the Commission agrees with the planning department findings.  That the demolition would result in substantial adverse impact of a historic resource .

AYES: Chase, Damkroger, Hasz, and Martinez (+4 -0)

G. CERTIFICATE OF APPROPRIATENESS

11. 2008.1333A (S. CALTAGIRONE: 558-6625)

943 STEINER STREET, west side between Fulton and McAllister Streets. Assessor's Block 0778, Lot 003 - Request for a Certificate of Appropriateness to restore the front façade, modify the existing garage opening and driveway, and construct roof dormers. The Edwardian-style, two-story, two-family residence is designated as is a potentially compatible building within the Alamo Square Historic District. It is zoned RH-3 (Residential, House, Three-Family) District and is in a 40-X Height and Bulk District.

Preliminary Recommendation: Approval

SPEAKER(S):

Fabian Lannoye, Architect

ACTION: Commissioner Damkroger (seconded by Martinez) motion to approve and accept staff preliminary recommendation.

AYES: Chase, Damkroger, Hasz, and Martinez (+4 -0)

MOTION #: 0001

12. 2009.0022A (T. FRYE: 575-6822)

555 PACIFIC AVENUE, Assessor's Block 0176; Lots 017. South side of Pacific Avenue between Montgomery Street and the intersection of Kearny and Columbus Avenue Place, the subject property is a non-contributing structure to the Jackson Square Historic District. It is located within a C-2 (Community Business) District with a 65-A Height and Bulk limit. The proposal is a Request for a Certificate of Appropriateness to replace two existing non-historic exterior entry doors with new doors.

Preliminary Recommendation: Approval

SPEAKER(S): None

ACTION: Commissioner Damkroger (seconded by Martinez) motion to approve and accept staff preliminary recommendation.

AYES: Chase, Damkroger, Hasz, and Martinez (+4 -0)

MOTION #: 0002

Tape # 2A

Adjournment: 3:41 P.M.

These minutes were proposed for adoption at the Regular Meeting of the Historic Preservation Commission on Wednesday, May 20, 2009.

SPEAKERS: None

ACTION: Approved

AYES: Chase, Damkroger, Hasz, Martinez , Madsuda

Last updated: 11/17/2009 10:00:55 PM