November 4, 2009

A. PUBLIC COMMENT

SPEAKERS: Bradley Wiedmaier – Re: Urged the HPC to take a position on 2750 Vallejo Street

B. STAFF REPORT AND ANNOUNCEMENTS

1. CLG Annual Report (T. Tam: 415/558-6325)

Preservation Coordinator Tina Tam:

The Planning Department is in the process of preparing the San Francisco Certified Local Government (CLG) 2009 Annual Report. The report covers the period from October 1, 2008 to September 30, 2009. Since the recording period covers the last three months in 2008, it will highlight the change over from the Landmarks Preservation Advisory Board (LPAD) to the Historic Preservation Commission (HPC). This report goes over the Department’s participation and commitment to make sure we maintain a highly qualified Historic Preservation Commission, professional staff and administrative support services. The CLG has a requirement for you, as well as the Planning staff, to provide me or Margaret Yuen a copy of your latest resume. For those of you who have done so, thank you very much. Another aspect of the report will cover the high level of dedication and creativity on the part of the Planning Department to ensure we continue to implement a very ambitious preservation program despite the fact we have very limited financial resources and funding. As I have mentioned at the last hearing, the Planning Director, John Rahaim, and the Chief Finance Officer, Elaine Forbes are coming to the November 18 hearing to talk specifically about the Department’s Work Program and our budget. We’ll be able to see how much we can accomplish in the area of preservation with very little resources. Some of the responsibilities of the San Francisco Planning Department as a CLG include conducting historic resource surveys, preparing context statements, landmark designations and historic district designations, processing Mills Act tax reduction applications, facilitating the review and comments of National Register nominations, conducting design and environmental review and the review of Section 106 projects. The report we produce will demonstrate that we have accomplished all of this. Another important aspect of the report that I think you’ll find of interest is that we will be including in this report the attendance records of commissioners at HPC hearings, the minutes from these hearings, as well as a list of training sessions and conferences attended by commissioners and Planning Department staff. As a CLG requirement, all commissioners and staff are required to attend at least one approved training session or program per year. For those who have attended training this current fiscal or calendar year, please provide the information to me. And for those of you that haven’t please contact me off-line and I will go over what is required and what is approved training. I have given your names and e-mail addresses to the Office of Historic Preservation (OHP) and you are all part of the California CLG listserv. You should be getting emails and announcements of upcoming events, training session and conferences. The annual report is due by the end of the year, December 31^st. I plan to provide you a copy of the report once we complete it.

Status of the Market and Octavia survey integration project – you have heard this at least two times in the months of August and September. The project was heard before the Planning Commission (PC) on October 22, 2009. The PC did pass the resolution to move this forward. They incorporated all of your comments into their resolution. I’m going to read this verbatim so I don’t miss anything, “The Planning Commission approved a resolution to modify and add language to address design principles about blank walls, make amendments to Policy 3.2.10 per HPC suggestions by changing mid-block non contributory sites to 50/55 feet instead of 60/65 feet; reduce height from 80/85 feet to 50/55 feet and 60/65 feet on parcels at the corner of Market and Church per HPC suggestions.” They also added three additional parcels to this motion and those are parcels are near or at the corners of Landers and 14^th Street. The resolution was passed by a vote of 7 to 0.

Commissioner Damkroger:

It might also be worth noting in the CLG Annual Report the training that Tara has done for this commission, or can that be included?

Preservation Coordinator Tina Tam:

I would have to double check with OHP. This training has to be an approved CLG training program. I don’t want to discredit Ms. Sullivan.

Commissioner Damkroger:

You could also mention to them this is in-house training that may not count as a CLG requirement.

C. MATTERS OF THE COMMISSION

2. Consideration of Adoption:

a. Draft minutes of Regular Hearing of October 7, 2009

b. Draft minutes of Regular Hearing of October 21, 2009

SPEAKERS: None

MOTION: Adopted the minutes for October 7, 2009 with corrections made to Item 5, page 4 – from “SPEAKERS in favor of a New North Beach Branch Library and/or against Initiation of Landmark Designation” to “SPEAKERS against Initiation of Landmark Designation”; for October 21, 2009 Item 4, page 7 – from “......that staff reports included the appendixes” to “.....that staff reports we receive NOT include the appendixes”

AYES: Buckley, Hasz, Martinez, Wolfram, Damkroger

ABSENT: Chase and Matsuda

3. President’s Report and Announcements

None

4. Commission Comments/Questions

Commissioner Wolfram:

I would like to suggest a few things to calendar for future hearings. The first would be a report, maybe from staff. I am very concern about Articles 10 and 11 just not going anywhere and if I was a project sponsor I think I would be very confused about what’s in conflict with Proposition J and what Articles 10 and 11 say, what I’m supposed to be following. If there are things that we as a commission could do to try to move that along … It’s just sitting at the Board of Supervisors (BOS). I’m just concerned that there is no action. I suggest we calendar that.

Maybe this will be at the last hearing in December that we calendar a discussion, a year end wrap up of what this commission has accomplished this year; what has taken place; and goals for next year.

The final thing would be to have the City Attorney Office do a presentation on ethics for us and whether the Commission wants to adopt specific codes of ethic that governs this Commission that are beyond the ethics code for the City in general; whether there are specific things that we as a Commission would like to adopt.

Commission Secretary Linda Avery:

On the last point, the City Attorney Office in conjunction with the Ethic Commission does an annual training for all commissions and department heads. We also have the SIAs – Statement of Incompatible Activities now. It’s also a document that is administered by the Ethics Commission. We can arrange to have someone from there come and speak to you about that document in particular. I would suggest that the other meeting we would have someone from the City Attorney Office in conjunction with the Ethic Commission speak to you about both of those. We’ll try to arrange that before the end of the year.

Commissioner Wolfram:

I am suggesting that we consider whether we want to have additional things or not, e.g., there’s nothing that says that commissioners can’t meet with project sponsors now, but we might adopt our own ethic codes that says we don’t meet with project sponsors.

Commission Secretary Linda Avery:

When you do that, you wouldn’t change any of the ethic codes that exist, but you could change your Rules and Regulation to incorporate that ethic code change [for how you conduct business]. That takes a public hearing and a 10-day notice before the hearing.

Commissioner Buckley

I agree with Commissioner Wolfram on calendaring Articles 10 and 11 and on the ethic code. I haven’t seen notices on California Environmental Quality Act (CEQA) issues for a while. I wonder if there has been anything.

Preservation Coordinator Tina Tam:

I’ll double check your mailing address with the list that Major Environmental Analysis (MEA) has with their circulation of materials to see if it is current and up-to-date.

Commissioner Martinez:

I want to remind you we did talk about hearing issues of CEQA in general based on what Tara presented during her half-hour education training.

We talked about something to honor the Landmarks Preservation Advisory Board (LPAB) members who did not become part of this Commission. They did not get an acknowledgement. I’d like to do that before the year ends.

Commissioner Damkroger:

For the reminder, I didn’t forget, I am just waiting for the President to come back.

D. CONSENT CALENDAR

5. 2009.0876A (M. Smith: 415/558-6322)

200 Fair Oaks Street - southwest corner at 23^rd Street, in Assessor’s Block 3648; Lot 050, the subject property is City Landmark #192, the Oakley Residence & Flats. Request for a Certificate of Appropriateness to replace a garage entrance at the side of the building with two windows, and replace windows and construct a minor addition at the rear of the building. The property is located within a RH-3 (Residential, House, Three-Family) District and a 40-X Height and Bulk District. Recommendation: Approval

ACTION: Approved

AYES: Buckley, Hasz, Martinez, Wolfram, Damkroger

ABSENT: Chase and Matsuda

MOTION NO. 0032

6. 2008.1404A (A. Threadgill: 415/558-6602)

10 United Nations Plaza, northeast corner of Market Street and United Nations Plaza, in Assessor’s Block 0351, Lot 050. Request for a Certificate of Appropriateness to install business signage (dba The Art Institute of California - San Francisco). The property is non-contributory to the Civic Center Historic District. It is within the C-3-G (Downtown Commercial, General) Zoning District, in an 80-X Height and Bulk District, and is also within the Civic Center Special Sign District and the Market Street Special Sign District.

Preliminary Recommendation: Approval

ACTION: Approved

AYES: Buckley, Hasz, Martinez, Wolfram, Damkroger

ABSENT: Chase, Matsuda

MOTION NO. 0033

7. 2009.0824A (S. Caltagirone: 415/558-6625)

2 Cottage Row, east side between Bush and Sutter Streets. Assessor’s Block 0677, Lot 041. Request for a Certificate of Appropriateness to demolish and re-construct two decks located at the first and second floor levels of the subject building in the rear yard. The property is a contributor to the Bush Street-Cottage Row Historic District. It is zoned RM-1 (Residential, Mixed, Low Density) District and is in a 40-X Height and Bulk District.

Preliminary Recommendation: Approval

ACTION: Approved

AYES: Buckley, Hasz, Martinez, Wolfram, Damkroger

ABSENT: Chase and Matsuda

MOTION NO. 0034

E. REGULAR CALENDAR

8. 2009.0948A (A. Threadgill: 415/558-6602)

760 Market Street, The "Phelan Building," corner of O'Farrell and Market Streets, in Assessor’s Block 0328, Lot 001. Request for a Certificate of Appropriateness to install business signage (dba Walgreens). The property is Landmark No. 156 and is rated as Category I (Significant) within the Kearny-Market-Mason-Sutter Conservation District. It is within the C-3-R (Downtown Retail) Zoning District, in an 80-130-F Height and Bulk District, and is also within the Market Street Special Sign District.

Preliminary Recommendation: Approval with Conditions

SPEAKERS: Steve Peterson – Project Sponsor

ACTION: Continuance to December 2, 2009. Public hearing will remain open. Staff will check the record to see what LPAB did on the sign program and the project sponsor is to explore other options for the signage.

AYES: Buckley, Hasz, Martinez, Wolfram, Damkroger

ABSENT: Chase and Matsuda

9. 2009.0037H (T. Frye: 415/575-6822)

403-405 Taylor Street Assessor’s Block 0317; Lots 003. is located at the southwest corner of Taylor and O’Farrell Streets. Historically known as the Hotel Californian, the subject property is a Category I Building within the Kearny-Market-Mason-Sutter Conservation District and is individually listed on the National Register of Historic Places. It is located within a C-3-G (Downtown General) District with an 80-130-F Height and Bulk limit. The proposal is a request for a Permit to Alter for window replacement; pressed metal ornament replacement; brick replacement; and painting the exterior of the building.

Recommendation: Approval with conditions.

SPEAKER(S): None

ACTION: Without hearing, continuance to November 18, 2009

AYES: Buckley, Hasz, Martinez, Wolfram, Damkroger

ABSENT: Chase and Matsuda

10. (T. Sullivan: 415/558-6257)

An informational presentation on the Mills Act program and contracts.

The presentation described what the Mills Act Program is, how the Department has been using it and how the Department is planning to revamp the Program.

SPEAKER(S): Matt Thomas – Assessor’s Office; Joan Wood – North Beach resident wants to know if Supervisor Alioto-Pier’s ordinance is going to simplify or complicate the Mills Act program

ACTION: None - Informational only - no action is required

11. 2009.0982U (T. Sullivan: 415/558-6257)

Amendments to Chapter 71 of the Administrative Code (Mills Act Contracts) [Board File No. 09-1137]. Ordinance introduced by Supervisor Alioto-Pier amending Chapter 71 of the Administrative Code regarding historical property contract procedures (Mills Act) to reflect amendments made to the San Francisco Charter to create the Historic Preservation Commission, establish certain time lines for review of applications for historical property contracts, require Budget Analyst review of applications for historical property contracts, and making other clarifying amendments; and making findings, including environmental findings.

Recommendation: Approval with modifications.

SPEAKER(S): Bill Barnes – Supervisor Alioto-Pier’s Office

ACTION: Approved with staff modifications and a further modification to delete all General Plan Compliance language (Section 7)

AYES: Buckley, Hasz, Martinez, Wolfram, Damkroger

ABSENT: Chase and Matsuda

RESOLUTION No. 639

Adjournment: 3:31 P.M.

The minutes was proposed for adoption at the Regular Meeting of the Historic Preservation Commission on Wednesday, November 18, 2009

ACTION: Approved

AYES: Buckley, Martinez, Matsuda, Wolfram, Damkroger, Chase

ABSENT: Hasz