October 18, 2006

FINAL ACTION MINUTES

OF THE

SAN FRANCISCO

LANDMARKS PRESERVATION ADVISORY BOARD MEETING

CITY HALL

1 DR. CARLTON B. GOODLETT PLACE, ROOM 400

October 18, 2006

12:33 P.M. ROLL CALL

FOR FULL LANDMARKS BOARD CONSIDERATION

BOARD MEMBERS PRESENT: Chan, Cherny, Damkroger, Dearman, Hasz, Maley, Martinez, Shatara, Street

BOARD MEMBER(S) ABSENT: None

STAFF IN ATTENDANCE: Mark Luellen; Preservation Coordinator; Dan DiBartolo; Tim Frye; Mat Snyder; Tara Sullivan-Lenane; Sonya Banks, Commission Secretary; Marlena Bryne, Deputy City Attorney

PUBLIC COMMENT

None at this time.

REPORTS

1. STAFF REPORT AND ANNOUNCEMENTS

Mark Luellen, Preservation Coordinator:

iOn October 5^ththe Garage Policy was reviewed again by the Planning Commission and has be forward to the Zoning Administrator for completion.

iOn October 19^th the Planning Commission will hear the landmark designation for Mission High School.

iThe proposed time limits for the Landmarks Board and Planning Commission review of Landmark Designation Reports legislation will be heard before the Planning Commission on October 16^th.

iThe disapproved Certificate of Appropriateness application to install a garage at 1306 McAllister Street has been continued at the Planning Commission until November 9^th at the request of the project sponsor.

iSt. Brigid's Church landmark designation received its 2^nd reading by the Board of Supervisors. It will become an ordinance within 30-40 days.

iThe Landmarks Board will be holding a Special Hearing and Tour on November 9^th at 2:00 at the Mission Armory (1800 Mission Street).

iIn the Board Member's packet there is a proposed interim procedure for permit review for historic resource within the Market/Octavia Area Plan. These are the department policies for reviewing permits within the area plan.

2. PRESIDENT'S REPORT AND ANNOUNCEMENTS

Commissioner Sugaya requested a Landmarks Board Member to attend the Planning Commission hearing tomorrow (10/19/06) regarding the landmark designation for Mission High School.

President Maley spoke with Cynthia Howse of the State Historic Preservation Office and the discussion regarding St. Brigid's Church has been continued until February 2007 at the request of the project sponsor.

3. MATTERS OF THE BOARD

Bridget Maley:

iAt the next hearing, the Landmarks Board will discuss their holiday party schedule.

1. LANDMARKS WORK PROGRAM 2005-2006 UPDATE

The draft report for the Sailors' Union of the Pacific Building is forthcoming. Susan Lee is moving forward with the designation report for 1620 Montgomery Street.

5. HISTORIC PRESERVATION FUND COMMITTEE UPDATE

The committee has received a couple of applications for the NOFA but the committee members are not sure if the applications will go through. Board Member Martinez suggested inviting Lawrence Kornfeld from DBI to respond to things that DBI are supposed to be doing in response to the Mayor's letter. DBI is making progress in terms of enforcement.

ACTION ITEMS

6. APPROVAL OF THE SEPTEMBER 20, 2006 DRAFT ACTION MINUTES:

September 20, 2006: It was moved by Board Member Street (seconded by Chan) to adopt the draft action minutes with the following correction: on item #9 change Board Member Street from voting to recused from this item. The vote was unanimous.

AYES: Chan, Cherny, Damkroger, Dearman, Hasz, Maley, Martinez, Shatara,

Street

NOES: None

ABSENT: None

7. (FRED BLACKWELL & EUGENE FLANNERY, M.O.C.D.)

PROGRAMMATIC AGREEMENT UNDER SECTION 106 OF THE NATIONAL HISTORIC PRESERVATION ACT OF 1966 AS AMENDED, The Mayors Office of Community Development, Mayor's Office of Housing and the Landmarks Preservation Advisory Board will take public comment on the proposed Programmatic Agreement (PA) among the City and County of San Francisco (CCSF), the California State Historic Preservation Officer (SHPO) and the Advisory Council on Historic Preservation (ACHP) for federally funded programs. This agreement will ensure the CCSF meets its obligations under Section 106 for the National Historic Preservation Act of 1966 as amended and will establish the standards, stipulations and procedures which will govern the historic review of CCSF projects.

Speaker(s):

Alice Miller

Joel Lipski

Rose Hillson

Board Comments:

The Board is concerned with the San Francisco Unified School Districts' urgency to implement ADA upgrades and that this issue is going to create designs that are not appropriate to some of the historic buildings that the school district maintains. The Board would appreciate that the Mayor's Office work closely with the Planning Department to ensure that the work being done is appropriate to the building. The Board felt that the Planning Department should create an implementation document that will clearly outline this review process. With many programmatic agreements window replacements can become an issue because all of the windows can be replaced and the project would still meet the Secretary of the Interior Standards for Rehabilitation. In many cases it is not necessary to replace all the windows because the windows can be repaired. The Board would like to see this addressed in the implementation document. The Board would like the Planning Department Staff to provide oversight and assistance when it comes to questions of replacement verses repair of important character defining features. The Board felt the Planning Department should establish a salvage policy as it pertains to Appendix B, item B (salvage)

CERTIFICATE OF APPROPRIATENESS

8. 2006.0463A (D. DIBARTOLO: 415/558-6291)

930 GROVE STREET, north side of Grove Street, between Fillmore and Steiner Streets, in Assessor's Block 798, Lot 31. Request for a Certificate of Appropriateness to construct a new garage at a new basement level and replace glazing of two windows on the Neoclassical/Edwardian-style four-story building containing 12 dwelling units, built in 1897. The subject property is a Contributory/Compatible Building to the Alamo Square Historic District and is listed in the City's 1976 Architectural Survey and in Here Today and is located within an RH-3 (Residential, House, Three-Family) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Approval

Speaker(s):

John Goldman

Board Action:

It was moved by Board Member Martinez (seconded by Cherny) to accept the recusal of Board Member Dearman from this item. The vote was unanimous.

It was moved by Board Member Shatara (seconded by Damkroger) to approve the request for a Certificate of Appropriateness to construct a new garage at a new basement level and replace glazing of two windowswith the condition that the applicant work with planning staff on an open gate design. Members of the Board encouraged the property owner to propose the property as a landmark, both locally and for the National Register. The vote was unanimous.

AYES: Chan, Cherny, Damkroger, Hasz, Maley, Martinez, Shatara, Street

NOES: None

RECUSED: Dearman

Tape No.: 1a & b

9. 2006.1235A (T.FRYE 415/575-6822)

30 FAIR OAKS STREET, between 21^st and 22^nd Streets, Assessor's Block 3618; Lot 042. Request for a Certificate of Appropriateness to replace all windows – aluminum sliders on the front elevation and vinyl on the non-visible elevations, reconstruct the wood entry stair in galvanized steel, remove the existing siding and clad the subject property in smooth finish fiber cement clapboards and panels with Ipe wood details. Constructed in 1959, the subject property is a non-contributing structure to the Liberty-Hill Historic District. It is within the RH-3 residential use district and a 40-X Height and Bulk District.

Preliminary Recommendation: Approval

Speaker(s):

Daniel Ewald

BOARD ACTION:

It was moved by Board Member Chan (seconded by Martinez) to approve the request for a Certificate of Appropriateness to replace all windows – aluminum sliders on the front elevation and vinyl on the non-visible elevations, reconstruct the wood entry stair in galvanized steel, remove the existing siding and clad the subject property in smooth finish fiber cement clapboards and panels with Ipe wood details. The vote was unanimous.

AYES: Chan, Cherny, Damkroger, Dearman, Hasz, Maley, Martinez, Shatara,

Street

NOES: NONE

10. 2005.0611A (M. SNYDER: 415/575-6891)

2940 16TH STREET, The San Francisco Labor Temple (A.K.A. The Redstone Building), northeast corner of 16th Street and Capp Street, Block 3553, Lot 014. Request for a Certificate of Appropriateness to install up to six antennas on the roof for a Wireless Telecommunications Systems facility. The subject property was originally constructed in 1914 and played a significant role in San Francisco labor history. It is Landmark No., 238 and is included in the Planning Department's UMB Survey. It is within the C-M (Heavy Commercial) District and a 50-X Height and Bulk District.

Preliminary Recommendation: Approval

Speaker(s):

None

BOARD ACTION:

It was moved by Board Member Chan (seconded by Shatara) to approve the Request for a Certificate of Appropriateness to install up to six antennas on the roof for a wireless telecommunications systems facility. The vote was unanimous.

AYES: Chan, Cherny, Damkroger, Dearman, Hasz, Maley, Martinez, Shatara,

Street

NOES: NONE

11. 2006.0961A (M. SNYDER: 415/575-6891)

699 2ND STREET (A.K.A. 88 TOWNSEND STREET), northeast corner of 2nd Street and Townsend Street, Block 3789, Lot 859. Request for a Certificate of Appropriateness to install one business sign along 2nd Street over the commercial tenant space. The property, historically known as  The California Warehouse , has recently undergone an extensive alteration and addition. The subject property had been a contributory structure to the South End Historic District, had been determined eligible for the California Register, had been assigned "B*" rating by San Francisco Architectural Heritage, and is included in the UMB Survey. It is within the Use District and a 50-X Height and Bulk District.

Preliminary Recommendation: Approval

Speaker(s):

Sean Dwyer

BOARD ACTION:

It was moved by Board Member Hasz (seconded by Chan) to approve the request for a Certificate of Appropriateness to install one business sign along 2nd Street over the commercial tenant space. The vote was unanimous.

12. 2006.0749A (T. SULLIVAN-LENANE: 415/558-6257)

900 NORTH POINT STREET (aka 851 Beach Street), Ghirardelli Square, is the block bounded by Beach Street on the north, Larkin Street on the east, North Point Street on the south, and Polk Street on the west. Assessors Block 0452, Lot 001, and located within an C-2 (Commercial, Community Business) Zoning District and 40-X Height and Bulk District. Ghirardelli Square is designated San Francisco Landmark No. 30 under Article 10 of the Planning Code and is individually listed on the National Register of Historic Places (1S CHRIS Status Code). Request for a Certificate of Appropriateness for the construction of a new restroom building to be located between the Wurster Building and the Fountain Plaza Shop, both constructed in 1964 by Wurster, Bernardi & Emmons.

Preliminary Recommendation: Approval

Speaker(s):

Joe Nootbaar

Louis Felthouse

Frederick Knapp

BOARD ACTION:

It was moved by Board Member Street (seconded by Dearman) to accept the recusal of Board Member Damkroger. The vote was unanimous.

It was moved by Board Member Chan (seconded by Cherny) to approve the Certificate of Appropriateness for the construction of a new restroom building. The vote was unanimous.

AYES: Chan, Cherny, Damkroger, Dearman, Hasz, Maley, Martinez, Shatara,

Street

NOES: NONE

Tape No.: 1b

REVIEW AND COMMENT

13. (T. SULLIVAN-LENANE: 415/558-6257)

MILLS ACT, is a program enacted by the State of California in 1976 and amended in the San Francisco Administrative Code in 1996, that grants local governments the ability to directly participate in an historic preservation and economic incentive program. Request for Review and Comment on the amendments to the Mills Act under Ordinance No. 67-06, dated April 20, 2006, expanding the definition of  qualified historical properties eligible to apply for the Mills Act, and requiring the Planning Department to develop criteria to be used to evaluate Mills Act contract applications. Comments will be forwarded to the Board of Supervisors for their consideration prior to adopting the criteria.

Speaker(s):

Kevin Mathews

BOARD COMMENTS:

There was general support for the proposed Priority Consideration Selection Criteria, the revisions to the application program, process, and timeline that the Planning Department proposes. The Board felt that the $1,000,000 and $3,000,000 Pre-Contract Assessed Value Cap was too low, did not accurately reflect the property values in the City of San Francisco, and that it eliminated properties from eligibility to apply for the Mills Act. (Attachment B, Item #3). The cap on the number of individual owners of a historic property that is eligible for the Mills Act at 3 individual owners or less for tenancy in common and condominium owners was too low and that there should be an exemption process for properties with more than 3 individual owners so that they could become eligible for the Mills Act. (Attachment C, Item # 6). Board members agreed with the revisions and changes to the Mills Act program as proposed, however they strongly suggested having a less restrictive cap on property values in place initially to encourage more property owners to apply for the Mills Act and to phase in lower property value caps as needed in the future. The Board suggested that #4 be better defined, that the property tax value assessment should be periodically reviewed. The Board suggested considering looking at mandating that a fixed percentage of the tax relief given to owners annually be put into the preservation, rehabilitation, and maintenance of the historic building. There must be extensive public outreach about the Mills Act program, in particular to lower-income property owners. The Landmarks Board encourages the active participation in this program by property owners and hopes that the Planning Department and other Agencies will be proactive in reaching out to the community.

Tape No: 1b & 2a

14. DRAFT CEQA LETTER

At the September 6, 2006 hearings of the LPAB, the board discussed the Planning Department's procedures for review of Historical Resources under the CEQA. The Board will discuss a draft letter to the Department outlining suggestions for revisions to these procedures.

Speaker(s):

None

BOARD COMMENTS:

A Board Member suggested a paragraph explaining why the Landmarks Board is submitting this letter to the Director of the Planning Department.

BOARD MEMBER'S CHAN AND SHATARA LEFT THE HEARING AT 3:13 P.M.

15. LANDMARK DESIGNATION WORK PROGRAM, FISCAL YEAR 2006-2007

An initial hearing to identify buildings, structures, sites, districts, or objects for consideration to be included in Landmark Designation Work Program for Fiscal Year 2006-2007.

Speaker(s):

Rose Hillson

Bradley Wiedmaier

Betty Trainer

Anita Denz

THIS ITEM IS BEING CONTINUED UNTIL NOVEMBER 1, 2006 LPAB HEARING.

ADJOURNMENT: 3:57 P.M.

Respectfully Submitted,

Sonya Banks,

Recording Secretary

ADOPTED: November 15, 2006

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