SAN FRANCISCO
PLANNING COMMISSION
Meeting Minutes
Commission Chambers - Room 400
City Hall, 1 Dr. Carlton B. Goodlett Place
Thursday, December 3, 2009
1:30 PM
Regular Meeting
COMMISSIONERS PRESENT: Miguel, Olague, Antonini, Borden, Lee, Moore, and Sugaya
THE MEETING WAS CALLED TO ORDER BY PRESIDENT MIGUEL AT 1:42 P.M.
STAFF IN ATTENDANCE: John Rahaim – Director of Planning, Larry Badiner – Zoning Administrator, Sharon Lai, Diego Sanchez, Kevin Guy, Johnny Jaramillo, Brett Becker, Sharon Young, Corey Teague, Aaron Starr, and Linda Avery – Commission Secretary.
<!--[if !supportLists]-->A. <!--[endif]-->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. 2009.0840T (T. SULLIVAN: (415) 558-6257)
Amendments to Planning Code Section 303(i) to require applicants for new formula retail uses to appoint a community liaison to respond to community concerns during construction and store operation [Board File No. 09-1030]. Ordinance introduced by Supervisor Alioto-Pier amending Planning Code Section 303(i) to require applicants for new formula retail uses to appoint community liaisons to respond to community concerns during construction and store operation.
Preliminary Recommendation: Disapproval
(Continued from Regular Meeting of November 12, 2009)
(Proposed for Continuance to December 17, 2009)
SPEAKERS: None
ACTION: Continued as proposed
AYES: Miguel, Olague, Antonini, Borden, Lee, Moore, and Sugaya
2. 2008.0395E (I. NISHIMURA: (415) 575-9041)
2130 Fulton Street - University of San Francisco Center for Science and Innovation - north side, between Golden Gate, Masonic, and Parker Avenues; Lot 003 in Assessor’s Block 114 - Public Hearing on an Appeal of the Preliminary Mitigated Negative Declaration. The approximately 80,000-square-foot project site is on the Main Campus of the University of San Francisco, in the existing Harney Green and Harney Plaza area. The proposed project includes removal of Harney Green and Plaza; site excavation; and construction of a three-story with a partial fourth floor, 53-foot high building with a partial basement, which would connect on all floors to the south end of the existing Harney Science Building, and a below-grade, two-level structure, which is also a component of the proposed project. The roof of this building would serve as a new plaza and pedestrian area. Together, the new structures would have approximately 60,000 square feet of classrooms, laboratories, instrumentation rooms, and building mechanical/support spaces. The project site is within an RH-2 (Residential, House, Two-Family) District and an 80-D Height and Bulk District. The proposed project would require Conditional Use Authorization for a post-secondary institutional use in an RH-2 District, and for exceeding a building height of 40 feet in an R District.
Preliminary Recommendation: Uphold Mitigated Negative Declaration
(Continued from Regular Meeting of November 5, 2009)
(Proposed for Continuance to January 14, 2010)
SPEAKERS: None
ACTION: Continued as proposed
AYES: Miguel, Olague, Antonini, Borden, Lee, Moore, and Sugaya
3. 2008.0395C (S. VELLVE: (415) 558-6263)
2130 Fulton Street - north side, between Fulton Street, Golden Gate, Masonic, and Parker Avenues; Lot 003 in Assessor’s Block 1145 - Request for Conditional Use Authorization pursuant to Planning Code Sections 209.3 253, 303 and 304 for the University of San Francisco to construct the Center for Science and Innovation in an approximately 40,000 square-foot building approximately 53 feet in height in the location of Harney Green, and a two-story 20,000 square-foot below-grade educational building below Harney Plaza for a project that will include classrooms, laboratories, instrumentation rooms, building mechanical/support spaces and up to two off-street loading spaces within an RH-2 (Residential, House, Two-Family) District and an 80-D Height and Bulk District.
Preliminary Recommendation: Approval with Conditions.
(Proposed for Continuance to January 14, 2010)
SPEAKERS: None
ACTION: Continued as proposed
AYES: Miguel, Olague, Antonini, Borden, Lee, Moore, 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
4. 2009.0650C (S. Lai: (415).575.9087)
3936-3938 24TH STREET - north side of 24th Street between Sanchez and Noe Streets, Lots 044 and 045 in Assessor’s Block 3654 - Request for Conditional Use Authorization pursuant to Planning Code Sections, 728.49 and 303, for a change of use from retail uses to a financial service establishment (DBA “Circle Bank”) The subject property is located within the 24th and Noe Valley NCD (Neighborhood Commercial District) and a 40-X Height and Bulk District.
Preliminary Recommendation: Approval with Conditions
SPEAKERS: In Support: Bruce Baumann – Representing the Project Sponsor, Kim Castellionis – Project Sponsor, Joe O’Donoghue; In Opposition: Karen Passen
ACTION: Approved
AYES: Miguel, Olague, Antonini, Borden, Lee, Moore, and Sugaya
MOTION: 17991
5. 2009.0772C (S. Lai: (415).575.9087)
1050 TARAVAL STREET - northeast corner of Taraval Street and 21st Avenue, Lot 022 in Assessor’s Block 2349 - Request for Conditional Use Authorization pursuant to Planning Code Sections 711.44 and 303, for a change of use from an existing retail sales and services establishment (DBA “Quickly”) to a small self-service restaurant under the same ownership, within the Taraval Street RUSD (Restaurant and fast-food sub-district), NC-2 (Small-Scale, Neighborhood Commercial District) and a 65-A Height and Bulk District.
Preliminary Recommendation: Approval with Conditions
SPEAKERS: None
ACTION: Approved
AYES: Miguel, Olague, Antonini, Borden, Lee, Moore, and Sugaya
MOTION: 17988
6. 2009.0834C (D. Sánchez: (415) 575-9082)
1050 South Van Ness Avenue -west side between 21st and 22nd Streets, Lot 006A, 053 in Assessor’s Block 3615 - Request for Conditional Use Authorization under Planning Code Sections 209.3(f) and 303 to establish a child care facility providing less than 24 hour care for 13 or more children within the RTO-M (Residential, Transit Oriented, Mission Neighborhood) Zoning District with a 50-X Height and Bulk Designation.
Preliminary Recommendation: Approval with Conditions
SPEAKERS: None
ACTION: Approved
AYES: Miguel, Olague, Antonini, Borden, Lee, Moore, and Sugaya
MOTION: 17989
7a. 2009.0304CVRE (D. Sánchez: (415) 575-9082)
5075 3rd Street - northeast corner of 3rd Street and Revere Avenue, Lots 006A, 006B, 007, 007A in Assessor’s Block 5339 - Request for Conditional Use Authorization under Planning Code Sections 712.83 and 303 to construct an approximately 10,600 square-foot new single-story public library building within a P (Public Use) and an NC-3 (Neighborhood Commercial, Moderate Scale) Zoning District with a 40-X Height and Bulk designation. The Zoning Administrator will also consider a request for Variance from the off-street parking requirement.
Preliminary Recommendation: Approval with Conditions
SPEAKERS: None
ACTION: Approved
AYES: Miguel, Olague, Antonini, Borden, Lee, Moore, and Sugaya
MOTION: 17990
7b. 2009.0304CVRE (D. Sánchez: (415) 575-9082)
5075 3rd Street - northeast corner of 3rd Street and Revere Avenue; Lots 006A, 006B, 007, 007A in Assessor’s Block 5339 - Request for Variance, pursuant to Planning Code Sections 151 and 305 to reduce the number of off-street parking spaces. The project is required to provide five off-street parking spaces but is proposing zero off-street parking spaces. The project proposes to construct an approximately 10,600 square foot new single story public library within a P (Public Use) and an NC-3 (Neighborhood Commercial, Moderate Scale) Zoning District with a 40-X height and bulk district. The Zoning Administrator will consider the variance application concurrently with the Planning Commission.
SPEAKERS: None
ACTION: The Zoning Administrator closed the public hearing and granted the variance
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.
8. Consideration of Adoption:
<!--[if !supportLists]-->· <!--[endif]-->Draft Minutes of Regular Meeting of November 12, 2009.
<!--[if !supportLists]-->· <!--[endif]-->Draft Minutes of Regular Meeting of November 19, 2009.
SPEAKERS: None
ACTION: Approved
AYES: Miguel, Olague, Antonini, Borden, Lee, Moore and Sugaya
9. Commission Comments/Questions
<!--[if !supportLists]-->· <!--[endif]-->Inquiries/Announcements. Without discussion, at this time Commissioners may make announcements or inquiries of staff regarding various matters of interest to the Commissioner(s).
<!--[if !supportLists]-->· <!--[endif]-->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 Moore:
I want to bring to the attention of the Commission in Supervisor Dufty’s November Newsletter there was a note that on December 8 there will be a public hearing with the Transportation Authority giving an update on the Strategic Analysis report which includes a discussion of the use and effectiveness of shuttle services in the city. I submitted a comment to Scott Sanchez reminding him of the concern this Commission has had regarding observations on the use of the shuttle service by the Academy. Mr. Sanchez picked it up and submitted it to the appropriate people and anybody from the commission who was interested in attending may do so next Tuesday, the 8th at 10:30 a.m. in room 263. I appreciate Supervisor Dufty’s Newsletter indirectly bringing that to our attention.
Commissioner Antonini:
Last Sunday I had occasion before the 49er game – I actually drove, I usually take public transportation – and I made a bunch of discoveries. One was that there is a lot of open space, particularly along Cargo and Amador in the area that goes in by India Basin. I wasn’t aware of this, but there are actually tracks that go all the way down Cargo, probably for industrial purposes, and tie right into the 3rd Street lightrail line. Also, there is another line that is a Caltrain spur that comes off on Carol Street and skirts around Yosemite Slew and goes into Hunters Point and there is a Golden Gate Railroad Museum in there. I followed those tracks. I think we have some opportunities and this is something that will be discussed at greater length when we have our hearing on the DEIR on that development. There are some great transportation opportunities that need to be explored on that northern section. It is Port land and city owned.
Commissioner Sugaya:
[He mentioned an article in Dialog, which is about the Director’s views on community and what that means.]
Second, there was an article (I’ve forgotten where) about Hallidie Plaza [the Cable Car turnaround] and the city’s plan to improve what has always been a rather dismal place. I was wondering at some point if we could have an informational presentation on that from whoever is working on it, if the other commissioners are amenable. [There seemed to be several murmurs of assent.]
Commissioner Borden:
I have two comments. One is I was a little frustrated because I saw in the Business Times, Mornings on Two, and a couple of different other sources, a criticism of our Pet Food Express decision and Proposition G in general in relation to the formula retail legislation and whether or not it was working. I thought it was really interesting that the portrayal was that there were more people at the hearing in support of Pet Food Express and therefore it was wrong that we didn’t vote for them. I just want to clarify that because I think for the public they should first understand that first it is not a competition or a popularity contest. Second, for the people who are speaking for that item had actually requested a block of time instead of having all the people from their group speak. They actually took the opportunity to create a cohesive argument and that the other side actually read a lot of letters. The point is that people think that we make planning decisions based on how many, or there were 20 people for and five people against – they are sorely mistaken because the Planning Code is not written that way. The threshold is necessary or desirable and the burden was actually on the applicant and they didn’t prove it in that case and that’s how the Formula Retail legislation works. I think it was a mis-characterization and a very unfair characterization to the public-at-large if they think that if they just pack a room with a bunch of people and read a bunch of letters regardless of where they live and what their interest is in the topic, I just think that is the wrong message to send.
On a more positive note, I want to mention that La Casina, that many of you might know, is a commercial kitchen in the Mission, is an amazing project. The whole concept is to spur primarily low income food entrepreneurs an opportunity to create food related businesses by using a commercial kitchen, which they schedule in time to use and make their food product. They are having their annual holiday fair tomorrow from 4 to 8 p.m. They are having all locally made products from local entrepreneurs at the Mission Cultural Center for the Arts, which is at about 25th and Mission Streets. I want to support that because it is a great program and we were talking about supporting local businesses.
Commissioner Antonini:
I also read that article in the Business Times. I think there a couple of valid points they made. One was that a number of San Francisco based businesses who began here have made the mistake to grow over ten outlets nation wide are now putting most of their businesses outside of San Francisco because of the cost of the Conditional Use process and other things that probably make it cost ineffective to put more branches here. I’ve always felt that while this process of having the ability to perhaps deny things, I always felt that a discretionary review where the onus is on the opposition to stop the formula retail rather than the conditional use where you have to get the four votes to approve it would be a better system. But that is not the way we have it right now.
Commissioner Lee:
[The speaker volume was too low to retrieve the beginning of his comments.] … conditional use, how many actually were approved and disapproved. More were approved than disapproved and there are still more that are pending. We had one today that was approved. On the whole when you look at it, it’s a pretty good process because most are actually approved.
Commissioner Miguel:
I attended a meeting at Planning chaired by Craig Nikitas regarding the shadow study matter that he had been working on. It was fairly well attended. A number of people, including myself, have given recommendations as to extensive outreach, more to the parks community perhaps. There were very few there from that community where it affects them and their interests as well as developers who did attend. There will be two more meetings coming up. I don’t have the dates in front of me but they are on the website. Mr. Nikitas will work with Rec and Park and some other organizations to increase the outreach in that regard.
D. DIRECTOR’S REPORT
10. Director’s Announcements
Director Rahaim:
Tomorrow afternoon, at the request of the Middle Polk neighborhood, I, several staff and I believe Supervisor Chiu are going to be doing a tour focusing on some recent development there.
I also was going to bring up the Hallidie Plaza article and suggest that we come back to you with a briefing on that as well. We are talking to the Mayor’s Office about the specifics of that and will get back to you.
We are starting what will essentially be a four-year process with ABAG and the Metropolitan Transportation Commission on their projections that must come out by the end of 2013. We had the first of several meetings. Apropos to our discussion about regional issues, I’m going to get personally more involved in that effort as well in discussing with the regional planning agencies how we can be more connected to the region and serve regional needs as well as vice versa. It is something I am personally interested in and I know the city is wanting to be more engaged in.
Finally, I want to mention that pertinent to Commissioner Olague’s request on early budget discussion, we are going to bring to you our early thoughts about the budget and get some feedback from you in two weeks in order to have an early discussion on the budget about requests that you might have in the budget as well as just giving you some real information about the numbers as we see them today. As you know the city has projected another deficit so we are going to be affected by that. We will have the request that we have for what our cuts might need to be on the General Fund side as well. We won’t know the fee side, which is of course most of our budget, until the end of December (what the real numbers are for the first half of the fiscal year). We will at least know what our General Fund goals are and can share that with you in a couple of weeks.
11. Review of Past Week’s Events at the Board of Supervisors, Board of Appeals, and Historic Preservation Commission.
SPEAKERS: None
REVIEWS: None
12. (K. Guy: (415) 558-6163)
TRINITY ART MASTER PLAN - Informational Presentation
SPEAKERS: Topher Delaney - Artist
ACTION: Informational only – No action
13. (J. JARAMILLO: (415) 575-6818)
2008 FIVE-YEAR DOWNTOWN PLAN MONITORING REPORT - Downtown Plan Monitoring Report – Informational presentation on the 2008 Five-Year Downtown Plan Monitoring Report. Chapter 10E of the San Francisco Administrative Code requires the Planning Department to complete a five-year report to measure development trends in the Downtown against the goals of the Downtown Plan of the San Francisco General Plan. The report discusses employment and development trends, transportation, housing, fiscal revenues and other topics pertaining to the Downtown C-3 district for fiscal years 2002 through 2007. Informational item only, no action necessary.
Report is available for the public at the Planning Department and can be downloaded from the website at:
http://www.sfgov.org/site/uploadedfiles/planning/Citywide/pdf/Downtown_Monitoring_Report_5-Year_2008.pdf
Preliminary Recommendation: No Action required. Informational only.
SPEAKERS: Brad Paul – San Franciscans fro Reasonable Growth; Sue Hestor – San Franciscans for Reasonable Growth; Ernestine Weiss; Miriam Chiong - ABAG
ACTION: Informational only – No action
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.
SPEAKERS: Ernestine Weiss
RE: 8 Washington and Ferry Park
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: Jeff Milke – Alameda Creek Alliance
RE: Sunol Valley Water Treatment Plant Expansion & Treated Water Reservoir Project
<!--[if !supportLists]-->G. <!--[endif]-->CONSIDERATION OF FINDINGS AND FINAL ACTION – PUBLIC HEARING CLOSED
14. 2006.0137E (B. BECKER: (415) 575-9045)
SUNOL VALLEY WATER TREATMENT PLANT EXPANSION AND TREATED WATER RESERVOIR PROJECT – Certification of the Final Environmental Impact Report - The San Francisco Public Utilities Commission (SFPUC) is proposing the Sunol Valley Water Treatment Plant (SVWTP) Expansion and Treated Water Reservoir Project. The SVWTP Project proposes the construction and operation of a new 17.5 million-gallon (MG) treated water reservoir, 3.5 MG chlorine contact tank, flocculation and sedimentation basin, construction of new effluent pipelines within the SVWTP, and a new 78-inch pipeline connecting the new treated water reservoir to the existing 78-inch plant discharge pipeline, which transports water from the plant to the existing Alameda Siphons.
Preliminary Recommendation: Certify the Environmental Impact Report
Note: The public hearing on the Draft EIR is closed. The public comment period for the Draft EIR ended on July 17, 2009. 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.
SPEAKERS: None
ACTION: Approved Certification of Final EIR
AYES: Miguel, Antonini, Borden, Lee, Moore, and Sugaya
ABSENT: Olague
MOTION: 17992
<!--[if !supportLists]-->H. <!--[endif]-->REGULAR CALENDAR
15. 2008.0185C (S. LAI: (415) 575-9087)
1102 TARAVAL STREET (A.K.A. 2397 21ST AVENUE) - northwest corner of Taraval Street and 21st Avenue, Lot 017 in Assessor’s Block 2350 - Request for Conditional Use Authorization under Planning Code 711.42, 711.69A and 303, to establish a full-service restaurant and self-service specialty food store (DBA “Flanagan”), within the Taraval Street NC-2, RUSD (Restaurant and fast-food sub-district), and a 40-X Height and Bulk District.
Preliminary Recommendation: Approval with Conditions
(Continued from Regular Meeting of November 12, 2009)
SPEAKERS: In Support: [Project Sponsor] and Jim Keith; In Opposition: [Name unclear], Roland Pomerleau, Jessie Guerro,Joe Bellau – Upper Taraval Merchants, Linda Yacobucci, Nancy Wuerfel, Gail,
ACTION: Approved
AYES: Miguel, Olague, Antonini, Borden, Moore, and Sugaya
ABSENT: Lee
MOTION: 17993
16. 2009.0862C (S.Young: (415) 558-6346)
3288 STEINER STREET - east side between Lombard and Greenwich Streets; Lots 057 - 058 in Assessor’s Block 0510 - Request for Conditional Use Authorization under Sections 712.54 and 303 of the Planning Code to convert vacant commercial space (formerly occupied by a real estate office) with approximately 500 square feet of floor area into a school of traditional Thai massage and a massage establishment (dba Traditional Medical Thai Massage and School) on the ground floor of the four-story, residential and commercial building within an NC-3 (Neighborhood Commercial, Moderate-Scale) District and a 40-X Height and Bulk District.
Preliminary Recommendation: Approval with Conditions
SPEAKERS: In Support: Su Prawn – Project Sponsor, David Peck, Noreen Lew
ACTION: Approved
AYES: Miguel, Olague, Antonini, Borden, Moore, and Sugaya
ABSENT: Lee
MOTION: 17994
17. 2009.0932C (C. Teague: (415) 575-9081)
1880 Mission Street - west side between 14th and 15th Streets, Lots 002A, 003, 004, and 029 in Assessor's Block 3547 - Request for Conditional Use Authorization pursuant to Planning Code Section 303(e) to modify the performance period condition of Motion No. 17120 for Case No. 2003.0758C to extend the approval period another 2 years from the date of expiration of the administrative extension granted by the Zoning Administrator for a Planned Unit Development of a mixed use project consisting of up to 194 dwelling units, 9,000 square feet of ground floor commercial space, and 221 off-street parking spaces, in a C-M (Heavy Commercial) Zoning District and 50-X and 65-B Height and Bulk Districts. The subject properties were subsequently reclassified and now fall in the Mission Street NCT (Neighborhood Commercial Transit) District and the UMU (Urban Mixed Use) District and 45-X, 58-X and 65-X Height and Bulk Districts. No changes are proposed for the existing project as originally approved.
Preliminary Recommendation: Approval with Conditions
SPEAKERS: In Support: Eric Tau – Project Sponsor; Warner Schmalz – Project Architect, Rachelle
ACTION: Approved
AYES: Miguel, Olague, Antonini, Borden, Moore, and Sugaya
ABSENT: Lee
MOTION: 17995
18. 2009.0424C (K. Guy: (415) 558-6163)
565 Green Street - between Columbus and Grant Avenues, Lot 020 of Assessor’s Block 0131 - Request for Conditional Use Authorization to add live entertainment to an existing restaurant and wine bar (dba "dell'uva") at 565 Green Street, within the North Beach Neighborhood Commercial District, the 40-X Height and Bulk District, and the North Beach Special Use District.
Preliminary Recommendation: Disapproval
SPEAKERS: In Support: Juri McCorkle – Project Sponsor, Bill Maher, Jonathan Tousean, and Jason MacCarra; In Opposition: Captain Anna Brown - SFPD
Motion: Intent to approve
AYES: Miguel, Antonini & Borden
NAYES: Olague, Moore & Sugaya
ABSENT: Lee
RESULT: Motion failed
ACTION: Continued to 12/17/09 to allow the absent commissioner the opportunity to participate in the final action. The public hearing will remain closed.
AYES: Miguel, Antonini, Borden and Sugaya
NAYES: Olague and Moore
ABSENT: Lee
19. 2009.0841T (C. NIKITAS: (415) 558-6306)
Planning Code Amendment - Demolition and Replacement of Sound Housing. [Board File No. 09-1038] - Ordinance amending the Planning Code by amending Section 317 to require the Planning Commission make certain findings when approving demolition of Residential Buildings that require Mandatory Discretionary Review and to require replacement of sound housing with units of like affordability; and making findings, including environmental findings and findings of consistency with the priority policies of Planning Code Section 101.1 and the General Plan.
Preliminary Recommendation: Approval with Modifications
(Continued from Regular Meeting of November 5, 2009)
SPEAKERS: None
ACTION: Without hearing, continued to December 17, 2009
AYES: Miguel, Olague, Antonini, Borden, Lee, Moore, and Sugaya
20. 2009.0825D (C. TEAGUE: (415) 575-9081)
1354 RHODE ISLAND STREET – west side between 24th and 25th Streets, Lot 006 in Assessor's Block 4260 - Request for Discretionary Review of Building Permit Application No. 2008.06.30.5675 proposing to fill in a portion of the 3rd floor rear deck of the existing structure 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
SPEAKERS: Charles Katz – Supports DR, Daniel Katz – DR Requestor, Troy Creshani – Project Architect, Peter Denabi – Project Sponsor
ACTION: The Commission did not take DR and approved the project as proposed
AYES: Miguel, Olague, Antonini, Borden, Moore, and Sugaya
ABSENT: Lee
DRA: 0126
21. 2009.0950D (A. STARR: (415) 558-6362)
820-822 BAY STREET - north side between Larkin and Hyde Streets; Lot 036 in Assessor’s Block 0026 - Request for Discretionary Review of Building Permit Application No. 2008.12.23.9134 proposing to construct a stair penthouse, windscreens and trellis structure on the roof of the subject 3-story, 3-unit building in an RH-3 (Residential, House, 3-Family) District and a 40-X Height and Bulk District.
Preliminary Recommendation: Do not take Discretionary Review and Approve
SPEAKERS: Jill Belmer – DR Requestor; Val Dizitser – Project Architect, Mr. Niderman – Project Sponsor
Motion: To take DR and approve as modified to pull beck on all sides; close off existing roof access and use new stair access
AYES: Olague, Moore & Sugaya
NAYES: Miguel, Antonini & Borden
ABSENT: Lee
RESULT: Motion failed
ACTION: In the absence of a successful substitute motion, the project is deemed approved as proposed
DRA: 0127
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
<!--[if !supportLists]-->(3) <!--[endif]-->directing staff to place the item on a future agenda. (Government Code Section 54954.2(a))
SPEAKERS: None
Adjournment: 6:46 p.m.
Adopted: December 17, 2009
