SAN FRANCISCO
PLANNING COMMISSION
Meeting Minutes
Commission Chambers - Room 400
City Hall, 1 Dr. Carlton B. Goodlett Place
Thursday, September 16, 2010
1:30 PM
Regular Meeting
COMMISSIONERS PRESENT: Miguel, Olague, Antonini, and Sugaya
COMMISSIONERS ABSENT: Moore
THE MEETING WAS CALLED TO ORDER BY PRESIDENT MIGUEL AT 1:45 P.M.
STAFF IN ATTENDANCE: John Rahaim – Director of Planning, Aaron Hollister, Erika Jackson, Corey Teague, AnMarie Rodgers, Paul Lord, Kearstin Dischinger, Rick Crawford, Michael Smith, Sara Vellve, Pilar LaValley, Aaron Starr, Shelley Caltagirone, Tim Frye, and Linda Avery – Commission Secretary.
A. 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. 2009.0288c (A. HOLLISTER: (415) 575-9078)
235 O’Farrell Street - south side between Powell and Mason Streets, Lot 018 in Assessor’s Block 0326 – Request for Conditional Use Authorization to convert an existing tourist/residential hotel containing 68 tourist hotel rooms and 23 hotel residential rooms to a full tourist hotel containing approximately 59 tourist hotel rooms within the subject building. No physical expansion of the existing building is proposed. As provided under the Residential Hotel Conversion and Demolition Ordinance (San Francisco Administrative Code, Chapter 41), the 23 residential rooms currently found at the project site must be replaced, and would be replaced at 374 5th Street. This site is within a C-3-G (Downtown General Commercial) District and an 80-130-F Height and Bulk District.
Preliminary Recommendation: Approval with Conditions
(Proposed for Continuance to September 30, 2010)
SPEAKERS: None
ACTION: Without hearing, continued as proposed
AYES: Antonini, Sugaya, Olague, and Miguel
ABSENT: Moore
2. 2010.0054u (j. ionin: (415) 558-6309)
Personal Wireless Service Facility Site Permits Ordinance [Board File No. 10-0041] - Ordinance introduced by Supervisor Avalos would amend the San Francisco Public Works Code by adding Article 25, Sections 1500 through 1528, to establish new requirements for Personal Wireless Service Facility Site Permits and to increase certain fees for obtaining such permits, amending the San Francisco Administrative Code by amending Chapter 11, Article 1, Section 11.9, to eliminate obsolete provisions related to such permits, making the provisions of the ordinance retroactive, and making environmental findings.
Preliminary Recommendation: Approval
(Continued from Regular Meeting of September 2, 2010)
(Proposed for Continuance to October 7, 2010)
SPEAKERS: None
ACTION: Without hearing, continued as proposed
AYES: Antonini, Sugaya, Olague, and Miguel
ABSENT: Moore
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. 2010.0377C (A. HOLLISTER: (415) 575-9078)
266 SUTTER STREET - north side between Grant Avenue and Kearny Street, Lot 012 in Assessor’s Block 0287 - Request for Conditional Use Authorization under Planning Code Section 218.1 Massage Establishments to include massage services for a proposed business (DBA Jin Healing for Women) that will also include an acupuncture clinic. The project would establish four 80-square foot massage treatment rooms and three acupressure treatment rooms on the fifth floor of the subject building. The project is within the C-3-R (Downtown, Retail Commercial) Use District and the 80-130 F Height and Bulk District.
Preliminary Recommendation: Approval with Conditions
SPEAKERS: None
ACTION: Approved
AYES: Antonini, Sugaya, Olague, and Miguel
ABSENT: Moore
MOTION: 18172
4. 2010.0442C (E. JACKSON: (415) 558-6363)
1270 VALENCIA STREET - west side between 24th and 25th Streets; Lot 009 in Assessor’s Block 3644 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303, 726.1, and 790.108, to convert the second floor of an existing building to a business or professional service use, within the Valencia Street Neighborhood Commercial Transit District (Valencia NCT) and a 55-X Height and Bulk District. The project proposes to convert 2,178 square feet to an office space (dba Birthright Israel). Birthright Israel is a non-profit youth organization that provides travel-related services.
Preliminary Recommendation: Approval with Conditions
SPEAKERS: None
ACTION: Approved
AYES: Antonini, Sugaya, Olague, and Miguel
ABSENT: Moore
MOTION: 18173
5. 2010.0620Z (C. TEAGUE: (415) 575-9081)
1717 17TH STREET – south side between De Haro and Carolina Streets,Lots 008 and 009 in Assessor's Block 3980 - Request to amend Zoning Height Map Sheet 8 pursuant to Planning Code Sections 302 and 306 in a UMU (Urban Mixed Use) and PDR-1-G (Production, Distribution and Repair – General) and 45-48-X Height and Bulk Districts. The proposal is to reclassify the entirety of Lot 008 to a 48-X Height and Bulk District, and to reclassify the entirety of Lot 009 to a 45-X Height and Bulk District.
Preliminary Recommendation: Recommend Approval
SPEAKERS: None
ACTION: Approved
AYES: Antonini, Sugaya, Olague, and Miguel
ABSENT: Moore
MOTION: 18174
C. COMMISSIONERS’ QUESTIONS AND MATTERS
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 Antonini:
This isn’t necessarily a land use issue, but “how about those Giants.” There is nothing like a pennant race that can unite a city. I think there is a lot of interest out there. I’m old enough to remember the pennant races of ’59, ’62 and ’71 – two of which we were successful and one of which we weren’t. But it is a lot of fun, and it goes on every day.
Commissioner Miguel:
I’d like to mention that I’ve met with both sides regarding the Lloyd Street matter. I attended briefly an open house that CPMC held for the general public at Geary and Van Ness last Sunday; and last evening at Carey and Company with Commissioner Sugaya, there was a Reception for the new Executive Director of the San Francisco Architectural Heritage, Mark Buhler. I was pleased to meet him. He will be performing a very important service here in San Francisco.
The other thing I’d like to mention is during the break I was in New York city, Manhattan, visiting family, and took the opportunity to spend some time taking a look at their process of turning some streets into parks and plazas; into the re-routing of traffic; into the installation of bike lanes to a much greater sense than they had before; and talked to a lot of New Yorkers in different capacities. It seems pretty good for tourists. It seems fairly good for pedestrians. It is impossible for cab drivers, which is a major transit use in New York City, and the biggest consternation is the fact that elimination of vehicle lanes does not stop the constant double parking for loading and un-loading of commercial vehicles. Along Broadway there are deliveries from 2:00 in the morning until 2:00 the next morning. It ties up traffic. It’s a very interesting experiment. The plazas are well used; the bike lands are much more used; there seems to be a lot more bikers. But it is an interesting experiment to watch it there and possibly learn from it here. If you get back to New York, take a good look at it.
Commissioner Antonini:
I just want to add that I have met with project sponsors on Lloyd and spoke with a couple of the DR requestors in regard to that project.
D. DIRECTOR’S REPORT
6. Director’s Announcements
Director Rahaim:
The only announcement I have is to welcome you back from the Summer Hiatus, although we did have a short meeting in there along the way. Fall is already hitting with a vengeance. Your schedules are pretty intense for the next few weeks. We will do our best to balance your calendars in the coming months.
7. Review of Past Week’s Events at the Board of Supervisors, Board of Appeals, and Historic Preservation Commission.
BOARD OF SUPERVISORS:
Land Use Committee:
The Committee heard an ordinance relating in part to TDR in general and in part to a specific parcel at 680 California Street aka Old St. Mary’s Church. The property would be rezoned from Chinatown-Visitor-Retail to C-3-Office and the maps in the General Plan would be changed to reflect this. The Planning Code amendment would add a clause that any individual landmark located in the C-3 districts could transfer their TDR rights to any property in the C-3 district – except for Redevelopment controlled areas. Currently these are restricted within like zoning districts. It would also add a clause that would require a property owner (who sells the TDR) to use the money to cure any outstanding city violations and/or severe maintenance issues and provide the Zoning kAdministrator with a maintenance plan for the upkeep of the building. The HPC considered the ordinance on June 2nd and recommended approval. This commission considered the ordinance on June 20th and recommended approval. This Monday, Board President Chiu and supervisor Maxwell signed on as co-sponsors and the Committee voted to recommend approval to the full Board.
Full Board of Supervisors:
Castro Street NCD – This week the Board finally passed the ordinance that requires CU for most restaurants and would designate specialty food establishments as “permitted” and would delete a provision that allows certain Fast Food establishments on one parcel. Commissioners you also unanimously recommended approval of this.
The Board gave the city authorization to apply for a grant focusing on the Greening and Storm Water Features for the Cesar Chavez Street Redesign Project – The grant that we are applying for is worth approximately $1 million in planning funds. This year the Department has been extremely successful in augmenting our budget with grant funding and work orders from other agencies. In addition to this outstanding grant, the Department has applied for and received funding for more than $4 million in grant and work order funding.
Development Stimulus Part II – Commissioners you considered two resolutions under the title “Development Stimulus Part II” on July 22nd. The first resolution would establish an area plan infrastructure finance committee to study IFDs and supervise the formation of one IFD in Rincon Hill. The other resolution would authorize the establishment of future Community Facility Districts. At your July 22nd hearing you recommended approval of both with additional modifications and considerations. To date, only the Maxwell resolution that would establish the committee to study IFDs and supervise the Rincon IFD has been considered at the Board. On this item, you recommended that 1) the Board seek additional funding to extend the pilot program beyond Rincon Hill; and 2) that the committee study the long-term effect on the General Fund of earmarking monies with IFDs for specific areas. At Committee, supervisor Maxwell did add language stating that the Committee should analyze potential fiscal impacts on the General Fund. With that and some other modifications, the Committee recommended approval to the full Board. This week the full Board adopted the resolution on the first and only read.
Appeals:
CEQA Appeal on 935-965 Market Street – City Place: The Planning Commission approved the EIR and associated project on August 31. The project consists of demolition of the three structures and construction of a five-story, value-based retail shopping center, one below-grade level of retail, and a two-level below-grade parking garage with 188 parking spaces. The appellant’s primary issues were the traffic/pedestrian impacts, preservation of the theater, and project design. Prior to the hearing, the project developer had agreed to provide additional funding @ 20 cents per vehicle for pedestrian improvements in the area and to work with the Department on revising the design. At the hearing, the Board of Supervisors voted 9-0 to uphold the EIR.
3150 California Street –Pet Food Express: This was a Conditional Use appeal authorized by 5 members of the Board. The planning Commission approved a CU on July 8th to allow formula retail to locate in an existing 1940’s mall. The appellant’s primary concern was potential disruption to independent pet stores within a t mile radius. There were two votes on the appeal. The initial vote to approve this commission’s decision failed on a vote of 4-7. The Board would have needed 6 votes to uphold the Commission’s decision and would need 8 votes to overturn that decision. Not having enough votes to either uphold the CU or to overturn the CU, the Board voted unanimously to table the item. By tabling the appeal, the Planning Commission decision to approve the CU stands.
Introductions:
Mayor Newsom introduced an ordinance that would establish the City’s Open Data policy and require City departments to make appropriate data available to the public. It would amend the San Francisco Administrative Code to add Section 22D.
Supervisor Elsbernd introduced a resolution approving an agreement and authorizing the Director of Planning to execute the agreement to ensure the construction on-site of 26 inclusionary units in the mixed-use development proposed at 1150 Ocean Avenue.
Building Commission Ordinances – the San Francisco Building, Plumbing, Mechanical, and Electrical Codes in its entirety and enacting a new Code with the 2010 California Green Building Standards Code and local amendments; and providing for an operative date of January 1, 2011.
Supervisor Alioto-Pier introduced an ordinance amending the Planning Code by adding Section 259.53 to establish the Presidio-Sutter Special Use District for property at 800 Presidio Avenue; amending Sheet HT03 of the Zoning Map to change the Height and Bulk District from 40-X to 55-X; and amending Sheet SU-03 of the Zoning Map to reflect the boundaries of the Presidio-Sutter Special Use District; adopting findings, including environmental findings, Section 302 findings, and findings of consistency with the General Plan and the Priority Policies of Planning Code Section 101.1.0.1 through 420.5 to update the Visitacion Valley Community Facilities and Infrastructure Fee and Fund and to conform the program with other Area Plan.
BOARD OF APPEALS
Nothing to report this week, but Acting Zoning Administrator Scott Sanchez asked me to report that last week staff members Kate Conner and Ben Fu did an excellent job defending a variance for 48 Newton.
HISTORIC PRESERVATION COMMISSION
The HPC met yesterday. One of the items they discussed was the proposal for the ADA compliant ramp for the Board of Supervisor’s Chambers. They unanimously approved the proposal. They also discussed Articles 10 & 11. As part of that discussion, Tara Sullivan of staff asked them to consider additional special hearing dates to continue those discussions without impacting their regular calendars. In addition to the joint hearing with you on 10/21, they decided they would rather have one day-long session to complete the task.
SPEAKERS:
Ray Hartz – commented on Supervisor Mirkarimi’s (Mayor Newsom) Open Data policy. This is particularly important because it allows people who otherwise could not attend the meetings to get information about the items on the agenda; On the ADA ramp for the Board of Supervisor’s Chambers, the presenter failed to note that the current ramp was installed without permits.
(P. LORD: (415) 558-6311)
8. Progress report on the Japantown Better Neighborhood Plan (BNP) review process
SPEAKERS: As part of the presentation: Bob Hamaguchi – Japantown Task Force, Hiroshi Fududa, and Karen Ki
ACTION: None – Discussion on progress report only
E. GENERALPUBLIC 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:
Paul Wermer – Re: Universal Notice process
Ray Hartz – Re: People are being denied their rights to speak in an equitable fashion
Peter Cohen – Re: Supports comments on Universal Notice process; and the “orphan block” of Market Street
Webb Green – 1321 De Haro Street on Potrero Hill
Joe Butler – Re: It is time for a review of how Category D Potential Historic Resources are checked in the over the counter permits
Marilyn Amini – Re: She is dismayed with President Miguel closing the public hearing on both the 2004 and 2009 Housing Element’s DEIR
F. REGULAR CALENDAR
9. 2010.0790U (A. Rodgers: (415) 558-6395)
E-DISTRIBUTION OF REPORTS- Proposed Ordinance introduced by Supervisor Mirkarimi [BF 101098] amending the San Francisco Administrative Code by amending Sections 1.56 and 8.12.4, adding Section 8.12.5, and re-numbering Section 8.12-1 as 8.13, to provide for the electronic distribution of documents more than 10 pages long prepared by City departments.
Preliminary Recommendation: Approval
SPEAKERS: Ray Hartz, Ron Wilson, Sue Hestor, Hiroshi Fukuda, Marilyn Amini
ACTION: Approved
AYES: Antonini, Sugaya, Olague, and Miguel
ABSENT: Moore
MOTION: 18175
10. 2010.0767U (K. DISCHINGER: (415) 558-6284)
PLANNING COMMISSION IN-KIND AGREEMENTS POLICY AND PROCEDURES - The Planning Code imposes impact fees on new development in Rincon Hill, Market and Octavia, Balboa Park and Eastern Neighborhoods, and provides an option for project sponsors to seek impact fee waivers if they agree to build community improvements through an in-kind agreement. These agreements must be recommended by the Planning Director and approved by the Planning Commission. The proposed policy outlines a process for intake, consideration, and approval of an in-kind agreement.
Preliminary Recommendation: Approval
SPEAKERS: Hiroshi Fukuda and Peter Cohen
ACTION: Approved
AYES: Antonini, Sugaya, Olague, and Miguel
ABSENT: Moore
MOTION: 18176
11. 2010.0464C (E. JACKSON: (415) 558-6363)
445 VALENCIA STREET - east side between 15th and 16th Streets; Lot 057 in Assessor’s Block 3554 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303, 726.1, and 790.60, to convert the ground floor of an existing building to a new massage establishment, within the Valencia Street Neighborhood Commercial Transit District (Valencia NCT) and a 55-X Height and Bulk District. The project proposes a new foot massage business (dba Relax Feet Massage) on the ground floor of an existing hotel.
Preliminary Recommendation: Approval with Conditions
SPEAKERS: None
ACTION: Approved
AYES: Antonini, Sugaya, Olague, and Miguel
ABSENT: Moore
MOTION: 18177
12. 2010.0072C (R. CRAWFORD: (415) 558-6358)
627 Vallejo Street - southwest corner of Vallejo Street and Columbus Avenue Lots 017-021, of Assessor’s Block 0146 - Request for Conditional Use Authorization under Planning Code Section 218.2, Limitation on Change in Use or Demolition of General Grocery Store, Section 722.45 Liquor Store and Section 722.44 Small Self-Service Restaurant. The project would legalize the conversion of the existing grocery store in the building to a liquor store (wine shop); the existing accessory food service in the grocery store would become a stand alone small self-service restaurant. This project lies within the North Beach Neighborhood Commercial District and within the 40-X Height and Bulk District.
Preliminary Recommendation: Disapproval
SPEAKERS: In support: Sal Chiauino, Richard Hanlin, Moshe Dinar – Project Sponsor, Stephano Castalano, Martin Kirkwood – North Beach Chamber of Commerce, [Name unclear], Justin, Jannett; Neutral: Tony Gantner
Motion: To disapprove
Ayes: Sugaya, Olague, and Miguel
Nayes: Antonini
ABSENT: Moore
Result: The motion failed
ACTION: In the absence of a successful substitute motion, the Conditional Use Authorization could not be granted
MOTION: 18178
13. 2010.0366C (M. SMITH: (415) 558-6322)
1501 SLOAT BOULEVARD (A.K.A LAKESHORE PLAZA SHOPPING CENTER - south side between Everglade and Clearfield Drives, Lot 003 in Assessor's Block 7255 - Request for Conditional Use Authorization pursuant to Planning Code Sections 703.4 and 713.43 to establish a new, formula retail, large, fast-food restaurant (d.b.a. “Chipotle”) in the 1,600 square-foot tenant space occupied by “Pizza Hut” in the Lakeshore Plaza Shopping Center. The project also seeks to amend Motion No. 11545 to remove Board of Supervisors condition of approval #36 which limits the types of food that can be sold at restaurants within the shopping center. The site is located within a NC-S (Neighborhood Commercial Shopping Center) District, the Lakeshore Plaza Special Use District, and a 26-40-X Height and Bulk District.
Preliminary Recommendation: Approval with Conditions
SPEAKERS: Andrew Junius, Courtney Jones and Scott Kenner as the project team supporting the project; In opposition: Patrick Skain, Monio Pilpel, William (Bill) Chionsini, and Chris Manitsas
ACTION: Approved with amendment to condition 36
AYES: Antonini, Sugaya, Olague, and Miguel
ABSENT: Moore
MOTION: 18179
14. 2010.0255C (S. VELLVE: (415) 558-6263)
3111 FILLMORE STREET - west side between Filbert and Pixley Streets; Lot 009 in Assessor’s Block 0515 - Request for Conditional Use Authorization pursuant to Sections 725.48, 790.38 and 303 of the Planning Code to establish an “Other Entertainment” use at the Comet Club to enable the existing bar to offer amplified and acoustical live entertainment (including DJ and dancing) on the premises located within the Union Street Neighborhood Commercial District and a 40-X Height and Bulk District.
Preliminary Recommendation: Approval with Conditions
SPEAKERS: In support: Jeremy Paul – representing the Project Sponsor, Regan Caponi, Michael Williams, Phil Boissiere, John Gavin, Jason Gregory, Roman Alpert, Jason MacDonald, Michelle Sayada, Louie Caponi, Anamika, and Eric Ross; In opposition: Beth Palmer
ACTION: Approved with an amendment to allow an ending time of midnight on Thursdays for six months
AYES: Antonini, Sugaya, Olague, and Miguel
ABSENT: Moore
MOTION: 18180
15. 2010.0392D (P. LAVALLEY: (415) 575-9084)
691 TENNESSEE STREET – northeast corner of Tennessee and 18th Streets; Lot 020 in Assessor’s Block 3995 - Request for Discretionary Review of Building Permit Application No. 2010.01.20.5015, proposing a change of use to convert the existing industrial building with one dwelling unit to a gallery and event venue/photo studio and to landscape the existing side yard as an outdoor activity area associated with the new uses, for an existing one-story buildingin a UMU (Urban Mixed Use) District and a 45-X Height and Bulk District. The existing dwelling unit will remain.
Staff Analysis: Full Discretionary Review
Preliminary Recommendation: Do not take Discretionary Review and approve as proposed.
SPEAKERS: In support of DR/opposition to project: John McGleenon – DR requestor and Vincent Altomari; In support of project/opposition to DR: Lee Burgess – Project Sponsor, Andrew Davis – Project Architect, Peter Holst – Sound Engineer, Zac Maddrt – Space Architect, Sean Burgess
ACTION: The Commission took Discretionary Review and Approved with a modification to the ending time: 1:00 a.m. on Friday and Saturdays; and no later than 11:00 p.m. on weeknights
AYES: Antonini, Sugaya, Olague, and Miguel
ABSENT: Moore
DRA: 0167
16a. 2009.1170DDD (A. STARR: (415) 558-6362)
37-39 LLOYD STREET (AKA 37-39 LLOYD STREET) – south side between Castro and Scott Streets, Lot 035 in Assessor’s Block 1260 - Requests for Discretionary Review of Building Permit Application No. 2010.05.12.2282 proposing to construct a new four-story, two-unit building on a vacant lot in an RH-3 (Residential, House, Three-Family) District and a 40-X Height and Bulk District.
Staff Analysis: Full Discretionary Review
Preliminary Recommendation: Do not take Discretionary Review and approve as modified.
SPEAKERS: Sue Hestor – representing one of the DR requestors, Todd Mavis – representing the Project Sponsor, Ann Telford – one of the DR requestors, and Kevin Chang spoke on a request for continuance
ACTION: Without hearing, continued to 10/14/10
AYES: Antonini, Sugaya, Olague, and Miguel
ABSENT: Moore
16b. 2009.1170DDDV (A. STARR: (415) 558-6362)
37-39 LLOYD STREET (AKA 37-39 LLOYD STREET)- south side between Castro and Scott Streets, Lot 035 in Assessor’s Block 1260 -Request for a rear yard variance pursuant to Section 134 of the Planning Code to construct a new four-story, two-unit building on a vacant lot with a noncomplying 20’ wide, 2-story portion at the rear of the building that would extend 12’ into the required rear yard in an RH-3 (Residential, House, Three-Family) District and a 40-X Height and Bulk District.
SPEAKERS: same as those listed for item 16a
ACTION: Without hearing, continued to 10/14/10
AYES: Antonini, Sugaya, Olague, and Miguel
ABSENT: Moore
17. 2010.0490D (S. CALTAGIRONE: (415) 558-6625)
5 SEYMOUR STREET - west side between Turk Street and Golden Gate Avenue; Lot 024 in Assessor's Block 1154 - Request for Discretionary Review of Building Permit Application No. 2008.06.12.4326 proposing to legalize alterations made without permit, including the construction of a dormer on the north slope of the roof, construction of a trellis above the rear deck at the second floor level and the replacement/installation of windows at the front and rear facades of the three-story, two-unit building in the RH-3 (Residential, House, Three-Family) Zoning District and 40-X Height and Bulk District.
Staff Analysis:Abbreviated Discretionary Review
Preliminary Recommendation: Do not take Discretionary Review and approve as proposed.
SPEAKERS: In support of DR/oppose project: Marilyn LaNarris; In support of project/oppose DR: Mark Toppiture – Project Architect, Brian Ridgemore, George Gibbs, Winston Montgomery
ACTION: The Commission did not take Discretionary Review and approved the project as proposed
AYES: Antonini, Sugaya, Olague, and Miguel
ABSENT: Moore
DRA: 0168
18. 2010.0097D (T. FRYE: (415) 575-6822)
30 PRESCOTT COURT - between Vallejo and Broadway Streets, Assessor’s Block 0143; Lot 029. Request for Discretionary Review of Building Permit Application No. 2009.11.10.0929 to construct a horizontal and a vertical addition on the subject building. A variance from the rear yard requirements of the Planning Code was noticed and heard at the regularly scheduled variance hearing on March 24, 2010 and was granted by the Zoning Administrator on May 20, 2010. The subject property is within the RH-3 Zoning District and a 40-X Height and Bulk District.
Staff Analysis:Abbreviated Discretionary Review
Preliminary Recommendation: Do not take Discretionary Review and approve as proposed.
SPEAKERS: In support of DR/oppose project: Baron Suen – DR Requestor and Yuk Lin Suen; In support of project/oppose DR: Michael Hennesy – Project Architect and Steve Atkinson – representing the Project Sponsor
Motion: To not take DR and approve
Ayes: Antonini, Sugaya, and Miguel
Nayes: Olague
ABSENT: Moore
Result: The motion failed
ACTION: In the absence of a successful substitute motion, the project is approved as proposed
DRA: 0169
G. 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
(3) directing staff to place the item on a future agenda. (Government Code Section 54954.2(a))
SPEAKERS: None
Adjournment: 7:37 p.m.
Adopted: October 14, 2010
