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Seal of the City and County of San Francisco
City and County of San Francisco
May 7, 2009

SAN FRANCISCO

PLANNING COMMISSION

Meeting Minutes

Commission Chambers - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, May 7, 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 1:52 P.M.

STAFF IN ATTENDANCE: John Rahaim – Director of Planning, Larry Badiner – Zoning Administrator, AnMarie Rodgers, Jim Miller, Tim Frye, Scott Dowdee, Tara Sullivan, Aaron Starr, Joy Navarrete, and Linda Avery – Commission Secretary.

  • 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.

1a. 2007.1464!CEKVX (A. HOLLISTER: (415) 575-9078)

1036 MISSION STREET - north side between Sixth and Seventh Streets, a through-lot to Jessie Street - Review under Planning Code Section 309 of new construction of a nine- to 13-story, 120-foot-tall, mixed-use building containing approximately 100 all-affordable dwelling units, ground floor retail space, common community space and no off-street parking spaces, requiring the granting of exceptions for rear-yard area, building bulk, freight loading and height limits for vertical extensions on Lots 079 & 080 in Assessor's Block 3703, in a C-3-G (Downtown General Commercial) District and a 120-F Height and Bulk District.

(Proposed for Continuance to May 14, 2009)

SPEAKERS: None

ACTION: Continued as proposed

AYES: Miguel, Antonini, Borden, Lee, Moore, Olague, and Sugaya

1b. 2007.1464!CEKVX (A. HOLLISTER: (415) 575-9078)

1036 MISSION STREET - north side between Sixth and Seventh Streets, a through-lot to Jessie Street - Request for authorization of Conditional Use pursuant to Planning Code Section 124(f) for additional floor area (up to an FAR of 7.7:1) above the base FAR of 6.0:1 of floor area to be devoted to affordable housing in conjunction with the construction of a nine- to 13-story, 120-foot-tall, mixed-use building containing approximately 100 all-affordable dwelling units, ground floor retail space, common community space and no off-street parking spaces, Lots 079 & 080 in Assessor's Block 3703, in a C-3-G (Downtown General Commercial) District and a 120-F Height and Bulk District.

(Proposed for Continuance to May 14, 2009)

SPEAKERS: None

ACTION: Continued as proposed

AYES: Miguel, Antonini, Borden, Lee, Moore, Olague, and Sugaya

1c. 2007.1464!CEKVX (A. HOLLISTER: (415) 575-9078)

1036 MISSION STREET - north side between Sixth and Seventh Streets, a through-lot to Jessie Street - Request for Variance of the dwelling-unit-exposure standards (Planning Code Section 140), usable open space standards (Planning Code Section 135) and standards for a vertical projection over a public right-of-way in conjunction with the construction of a mixed use building containing approximately 100 all affordable dwelling units, ground floor retail space, common community space and no off-street parking spaces on Lots 079 & 080 in Assessor's Block 3703, in a C-3-G (Downtown General Commercial) District and a 120-F Height and Bulk District.

(Proposed for Continuance to May 14, 2009)

SPEAKERS: None

ACTION: Continued as proposed

AYES: Miguel, Antonini, Borden, Lee, Moore, Olague, and Sugaya

2a. 2007.0129DDD (G. CABREROS: (415) 558-6169)

100 32nd Avenue - southeast corner of 32nd Avenue and El Camino del Mar; Lot 008 in Assessor's Block 1312 - Requests for Discretionary Review of Building Permit Application No. 2007.01.19.2027 proposing to construct a three-story side horizontal addition and to enlarge the existing partial fourth floor of the four-story, single-family residence. The subject building is within an RH-1(D) (Residential, House, One-Family, Detached) Zoning District and a 40-X Height and Bulk District.

Preliminary Recommendation: Do not take Discretionary Review and Approve.

(Continued from Regular Meeting of April 9, 2009)

(Proposed for Continuance to May 28, 2009)

SPEAKERS: None

ACTION: Continued to June 4, 2009

AYES: Miguel, Antonini, Borden, Lee, Moore, Olague, and Sugaya

2b. 2007.0129V (G. CABREROS: (415) 558-6169)

100 32nd Avenue - southeast corner of 32nd Avenue and El Camino del Mar; Lot 008 in Assessor's Block 1312 - Request for Variances from Planning Code Sections 133, 134 and 188 to modify a required side yard, the required rear yard and a noncomplying structure. The project proposes to construct a three-story side horizontal addition and to enlarge the existing partial fourth floor of the four-story, single-family residence. The subject building is within an RH-1(D) (Residential, House, One-Family, Detached) Zoning District and a 40-X Height and Bulk District.

(Continued from Regular Meeting of April 9, 2009)

(Proposed for Continuance to May 28, 2009)

SPEAKERS: None

ACTION: Continued June 4, 2009

AYES: Miguel, Antonini, Borden, Lee, Moore, Olague, and Sugaya

3a. 2006.1287D (B. FU: (415) 558-6613)

71 Bishop Street - east side between Ankeny and Harkness Streets, Lots 012 and 013 in Assessor's Block 6168 - Mandatory Discretionary Review pursuant to Planning Code Section 317, of Building Permit Application No. 2006.11.03.6812, proposing the demolition of a one-story over garage, single-family dwelling, located in the RH-1 (Residential, House, One-Family) Zoning District and a 40-X Height and Bulk District.

Preliminary Recommendation: Do not take Discretionary Review and approve the demolition.

Proposed for Continuance to May 28, 2009)

SPEAKERS: None

ACTION: Continued as proposed

AYES: Miguel, Antonini, Borden, Lee, Moore, Olague, and Sugaya

3b. 2009.0228D (B. FU: (415) 558-6613)

71 Bishop STREET - east side between Ankeny and Harkness Streets, Lots 012 and 013 in Assessor's Block 6168 - Mandatory Discretionary Review pursuant to Planning Code Section 317, of Building Permit Application No. 2006.11.03.6814, proposing the construction of two new two-story over garage, single-family dwellings, located in the RH-1 (Residential, House, One-Family) Zoning District and a 40-X Height and Bulk District.

Preliminary Recommendation: Do not take Discretionary Review and approve the project as proposed.

Proposed for Continuance to May 28, 2009)

SPEAKERS: None

ACTION: Continued as proposed

AYES: Miguel, Antonini, Borden, Lee, Moore, Olague, and Sugaya

4. 2005.0979XE (R. CRAWFORD: (415) 558-6358)

1390 Market Street (aka Fox Plaza) - between Polk and Larkin Streets Lot 006, of Assessor's Block 0813 - Request under Planning Code Sections 309.1, 148, and 152.1 for determinations of compliance and exceptions for reduction of ground level wind currents, and off street loading. The project would demolish the existing two-story retail and office building adjacent to the existing Fox Plaza office/residential tower and construct a new 120-foot-tall, 11-story building containing up to 250 residential units above approximately 19,880 gross square feet of retail use on the ground floor. This project lies within a C-3-G (Downtown, General Commercial) District and within the 120-X and 200-S Height and Bulk Districts.

Preliminary Recommendation: Approval with Conditions

(Proposed for Continuance to June 11, 2009)

SPEAKERS: None

ACTION: Continued to May 28, 2009

AYES: Miguel, Antonini, Borden, Lee, Moore, Olague, 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

5. 2009.0046C (J. MILLER: (415) 558-6344)

367 BAY STREET- south side between Powell and Mason Streets, Lot 031 in Assessor's Block 0041 - Request for Conditional Use authorization pursuant to Section 218.1 of the Planning Code for a new massage establishment, in a C-2 (Community Business) District, the Northern Waterfront Special Use District No. 2, and within a 40-X Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

SPEAKERS: None

ACTION: Without hearing, continued indefinitely

AYES: Miguel, Antonini, Borden, Lee, Moore, Olague, and Sugaya

6a. 2008.1401CV (T. FRYE: (415) 575-6822)

995-999 SUTTER STREET - between Hyde and Leavenworth Streets, Assessor's Block 0300; Lot 012 - Request for Conditional Use approval to allow the construction of a building over 40-feet within a residential zoning district with reduced parking. The project is to construct a 5-story, mixed-use development on the existing surface parking lot. The project includes 3 residential units and ground floor retail commercial space. The Zoning Administrator will hear a related exposure variance and rear yard modification. The subject property is within the Lower Nob Hill Apartment Hotel National Register District, the RC-4 (Residential-Commercial, High Density) District, and a 130-E Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

SPEAKERS: None

ACTION: Approved

AYES: Miguel, Antonini, Borden, Lee, Moore, Olague, and Sugaya

MOTION: 17871

6b. 2008.1401CV (T. FRYE: (415) 575-6822)

995-999 SUTTER STREET - between Hyde and Leavenworth Streets, Assessor's Block 0300; Lot 012 - Request for Variance for exposure and a rear yard modification. The subject property is within the Lower Nob Hill Apartment Hotel National Register District, the RC-4 (Residential-Commercial, High Density) District, and a 130-E Height and Bulk District.

SPEAKERS: None

ACTION: The Zoning Administrator closed the public hearing and granted the variance request subject to the standard conditions of approval.

C. COMMISSIONERS' QUESTIONS AND MATTERS

7. 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:

I met with project sponsors in regards to Cal Pacific. I made a request on 4/23 about considering whether it's appropriate, based on the fact that we are considering entitlement extensions of Rincon Hill projects, to consider nexus study to see if these are still appropriate in today's economic climate. I want to ask staff for a response. My idea is not so specific to Rincon Hill, but I want to see if nexus exists between Market-rate development on vacant and under utilized land and adjacent neighborhoods, and if it does, what is the nature of this affect? Is it a positive affect, a negative affect, or no affect at all? I think, moving forward, it is important to realize whether or not this is a special situation where an agreement or condition was made, or whether there is a nexus that exists in these instances because as we consider future area plans we have to know what might exist there. It is an idea that might be worth considering. Now that we are reconsidering entitlements, we've got a period of time when nothing is being done. It's an issue that comes up frequently because as we see development we want to know what are the affects on the area in question and even on the adjacent areas or areas that are not even adjacent. I think it is important that these questions be answered in a generic way.

Commissioner Lee:

Last week the Northern California APA gave an award to EDAW and the Mayor's Office for a report they did for the Chinatown Economic Action Plan. I thought EDAW through the Mayor's Office did a very good job. I wanted to see if the city could use this Action Plan for the Mission since we've had a lot of issues re-zoning the Mission and with job creation. I'd like Director Rahaim to contact them and see if we can do the same type of Economic Action Plan for the Mission.

Commissioner Borden:

There was a rumor going around this week about the Tonga Room shutting down, or not shutting down. What is going on with it – the Fairmont project? We got some documents awhile ago but I haven't seen anything about it recently. The scare about it closing down, which was false, made me wonder what the status is.

Zoning Administrator Badiner responded:

They have filed for environmental review. The Department is performing environmental review. They have a proposal for removing and rebuilding the tower and some of the space at the rear of the building on Powell Street. That will eventually come before this Commission. I have also heard discussions about land marking the Tonga Room.

Commissioner Borden:

I also want to know when the Bicycle EIR will come before us (the Commission).

Director Rahaim responded:

The final EIR will come before this commission next month in June for certification. I don't know the exact date.

Commissioner Borden:

I noticed that for the DBI agenda at 6 o'clock tonight, we didn't get anything in our packets. Are there items or materials that we should have gotten?

Zoning Administrator Badiner responded:

Neither the Planning Department nor DBI prepared information handouts in advance. We are just going to give presentations as we go forward.

Commissioner Borden:

I appreciate that. I think in the future if we could get something in advance, we can probably have a more substantive discussion at the hearing. I think it is harder when we are absorbing the information at the same time we are getting it. It just makes it a little more complicated and I think you don't think of everything that you would have thought of if you knew in advance. Other than that, I met with the project sponsor of 1415 Mission Street.

Commissioner Moore:

I want to formally ask staff to schedule another meeting with the Recreation & Park Commission to follow up with a more policy-oriented discussion on shadow and open space, existing open spaces, spaces that were acquired or put into place after prop K, and potential open spaces that are coming up. I am particularly thinking about the Transbay Terminal and 5.3 acres of open space and that responsibility. Who will share it? What obligations will we try to encourage this development to bring forward?

Commissioner Olague:

I want to agree with Commissioner Moore and what she said about the joint hearing today with Park/Rec. I was reminded during the discussion that part of why we continued it out was in hopes that the study we were anticipating would enrich our discussion with Park/Rec about open space and prop K. I think a lot of those issues need to be fully vetted with Park/Rec because we are seeing a lot of additional cumulative shadow being proposed for the downtown area. I would like to have a more intense policy discussion on access too. I'm not convinced that people feel welcome. There are invisible barriers outside of cultural barriers, not just physical barriers that keep people from choosing where they would spend their time as far as open space activities are concerned. I think it goes deeper than just providing a physical space. There are access issues. I haven't read the Economic Action Plan from EDAW, but I would argue that before we jump and decide we want something similar done in the Mission that we would take into consideration what is currently being done as far as economic development in the Mission. It may be that people are already working on a lot of similar types of plans. I know that MEDA is engaged in things. I think The Mayor's Office of Economic Workforce Development is [also]. I think a lot of economic development work and analysis is going on in the Mission. It may just be a duplicative and unnecessary effort to engage yet another study on the Mission and economic development.

Commissioner Sugaya:

I hope my fellow commissioners take this as constructive criticism, but to start this meeting 25 minutes late is a disservice to both members of the audience who were here on time and other commissioners who happened to be here on time at 1:30.

Commissioner Miguel:

I also met during the last two week with CPMC regarding their Institutional Master Plan. I had the pleasure of being at the Potrero Boosters when the Department did an excellent presentation on the Housing Element. May 16 will be the opening of the Richmond branch library on 9th Avenue between Geary and Clement. I've had the pleasure of working with that group since this project started. I think you would be pleased with how it was done. To me it is an excellent example of the Secretary of Interior's guidelines. Last Saturday I attended the Rebuild Potrero design workshop for rebuilding the projects there. Tenants from the project were there. They held two sessions, one in the morning and one in the afternoon. Nine of the residents participated in a bar-b-q cook off and four of us had the pleasure of being judges. That was very nice and the project is going very well.

D. DIRECTOR'S REPORT

8. Director's Announcements

Director Rahaim:

He attended the annual conference of the American Planning Association in Minneapolis at the end of week before last. As you know I participated in an all-day session on green communities with some planners and attorneys from New York. We had a very interesting discussion and there were about 150 people in attendance for the entire day. Also, last week the National AIA convention was in town and I participated in two sessions there. There were a lot of positive comments about San Francisco and the work that we are doing here. Although attendance was considered lower than normal, there were still about 20,000 architects in town for the AIA convention. On Monday evening, I attended the annual meeting of the Presidio Heights Association and had a very lively discussion about a number of issues of concern. Two most interesting issues for the community right now are the proposed Presidio revised Master Plan and the Housing Element. We have kicked off the open space planning effort for Showplace Square, which was one of the follow up efforts for the Eastern Neighborhoods process. We are hoping to have that done in a fairly short time of about three months.

David Alumbaugh (gave an update of work the Department is doing with DPW and MTA):

The Planning Department has been working with the Mayor's Office, the Director of DPW and SFMTA on a number of temporary projects to reclaim some excessive street space around the city. We call the program Pavement to Parks. The idea is to use found materials from the city yards and using simple construction techniques to inexpensively and quickly transform street space into public plazas. The first demonstration project will be a temporary closure to vehicle traffic of 17th Street where it intersects Market and Castro Streets. On this project we are working with Supervisor Dufty and the Castro CDD and other neighborhood groups to articulate the way that project should go forward. Others are pitching in as well. The creation of this plaza is intended to begin this week with the closure on Sunday of the street and a couple of days of retrofitting work and the formal opening sometime next week.

9. Review of Past Week's Events at the Board of Supervisors, Board of Appeals, and the Historic Preservation Commission.

Board of Supervisors

  • Amending Appendix C for 608 Folsom Street– The reclassification of an A11 building from category V to Category III. The Full Board finally passed the Ordinance this week.

  • Rezoning of 2400 Irving Street–The Planning Commission approved rezoning this lot from a split zoning of NC-2/RH-2 to a uniform NC-2 on February 5th of this year. This week the Board passed the Ordinance on first reading.

RULES COMMITTEE –The Committee forwarded the following appointments to the Eastern Neighborhoods CAC to the Full Board:

Seat 1: Keith Goldstein, District 10

Seat 2: Eric Smith, District 10

Seat 3: Susan Eslick, District 10

Seat 4: Jared Doumani, District 10

Seat 5: Chris Durazo, District 6 (residency waiver required)

Seat 6: David Ho, District 6

Seat 7: Chris Block, District 8

Seat 8: Eric Quezada, District 9

Supervisor Daly introduced an amendment to the Administrative Code that would change the qualification as well as the number of members to the Eastern Neighborhood CAC. Currently they are appointed by the Mayor's Office or the Board of Supervisors. This amendment would allow the Western SOMA Citizen's Task Force to also appoint one member. This is not a Planning Code amendment, but it does affect planning and land use related items. If the commission would like to hear it, you have 30 days to consider it.

INTRODUCTIONS:

090524

[Initiate the Designation of the ILA Hall 38-79, 113 Steuart Street, as a Landmark]

(Supervisor Daly). RECEIVED AND ASSIGNED to Land Use and Economic Development Committee.

(President Miguel suggested staff calendar this item for Commission discussion)

090554

[Building Code-Registration of Vacant/Abandoned Buildings:  Annual Fee & Penalties for Violation]

President Chiu: Ord. to require the owner of a vacant or abandoned building to register the building with DBI, require the owner to maintain the grounds & exterior & interior of the building in good condition & to provide that a property in violation of the requirements is a public nuisance.

Board of Appeals

256 LAGUNA HONDA BLVD is a rental space for weddings, parties, etc. It is a limited commercial use and is required to be closed by 10 p.m. because it is in a residential district. We have had complaints. The Board continued the item to allow the owner to conduct some sound tests and perhaps figure out a way to run the business in a way that is conducive to the neighborhood.

Historic Preservation Commission

  • The 5/6/09 meeting was canceled

10. (S. DOWDEE: (415) 558-6259)

2008 HOUSING INVENTORY REPORT - Informational only - Announcing the publication of the 2008 Housing Inventory report. This report is the 39th in the series and describes San Francisco's housing supply. Housing Inventory data accounts for new housing construction, demolitions, and alterations in a consistent format for analysis of housing production trends. Net housing unit gains are reported citywide, by zoning classification, and by planning district. Other areas covered include affordable housing, condominium conversions, and residential hotel stock. In addition, lists of major housing projects completed and approved for construction in 2008 are provided. A list of affordable housing projects in the pipeline (projects in various stages of review or pre-construction planning) is included to provide a picture of likely housing construction activity in the near future. Report is available for the public at the Planning Department and on the website.

Preliminary Recommendation: No Action required.

SPEAKERS:

Craig Adelman, Deputy Director, Mayor's Office of Housing made a presentation

Hiroshi Fukuda and Joseph Butler spoke on this matter

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:

Pier Lowe – I was the DR requestor for a property at 4024 26th Street that you heard. You took DR and required matching light wells and that the rear depth of the 3rd floor in the rear align with adjacent buildings. My wife and I believe the project sponsors are in violation of your decision.

Mr. Razinsky – I am the other adjacent neighbor of 4024 26th Street. What you approved is not what the Department is about to approve. And the third floor deck was never noticed or before you.

Joe Butler, Represented Mr. Razinsky at the DR hearing of 4024 26th Street. My client and Mr. Lowe would be happy to trade the new envelope that was not noticed and which we do not find offensive for the new third floor deck, which was also not noticed and which we do find offensive. If they want a deck, they should apply for it.

F. REGULAR CALENDAR

11. 2008.0135TZ (T. SULLIVAN: (415) 558-6257)

Amendments relating to Planning Code Section 227(v) to create a special definition for Tobacco Paraphernalia Establishments applicable in the Haight Street Neighborhood Commercial District and in the Lower Haight Street Tobacco Paraphernalia Restricted Use District, as defined [Board File No. 09-0141]. Ordinance introduced by Supervisor Mirkarimi amending Planning Code Section 227(v) to create a special definition for Tobacco Paraphernalia Establishments applicable in the Haight Street NDC and in the Lower Haight Street Tobacco Paraphernalia Restricted Use District, as defined; amending Section 790.123 to refer to this special definition; amending 719.1 and the Table at Section 719 to make Tobacco Paraphernalia Establishments, as defined, not permitted in the Haight Street NCD; adding new Section 786, to create the Lower Haight Street Tobacco Paraphernalia Restricted Use Subdistrict; amending Section 186.1, to change the period of non-use for a nonconforming Tobacco Paraphernalia Establishment use to be deemed discontinued in the Haight Street NCD and in the newly created Lower Haight Street Tobacco Paraphernalia Restricted Use Subdistrict from three years to 18 months; amending Special Use District Map SU 07 of the Zoning Map of the City and County of San Francisco, to reflect the new Lower Haight Street Tobacco Paraphernalia Restricted Use Subdistrict; making environmental findings and findings of consistency with the General Plan and priority policies of Planning Code Section 101.1.

Preliminary Recommendation: Approval.

(Continued from the Regular Meeting of April 16, 2009)

SPEAKERS:

Jim Sigel spoke in support. Ted Lowenberg also spoke in support but with less than great enthusiasm.

ACTION: Approved

AYES: Miguel, Antonini, Borden, Lee, Moore, and Sugaya

NAYES: Olague

RESOLUTION: 17872

12. 2008.1008T (T. SULLIVAN: (415) 558-6257)

Amendments to Planning Code by amending Appendix K of Article 10: Bush Street/Cottage Row Historic District[Board File No. 08-1251]. Ordinance introduced by Supervisor Mirkarimi to amend to Appendix K of Article 10 of San Francisco Planning Code: Bush Street/Cottage Row Historic District, by adding a new Section 7 to set forth additional requirements for Certificates of Appropriateness; and adopting findings, including Section 302 findings, and findings of consistency with the General Plan and the Priority Policies of Planning Code Section 101.1.

Preliminary Recommendation: Approval.

SPEAKERS: None

ACTION: Without hearing, continued to May 21, 2009

AYES: Miguel, Antonini, Borden, Lee, Moore, Olague, and Sugaya

13. 2008.0388D (S. VELLVE: (415) 558-6263)

2608 POST STREET - north side between Lyon Street and Presidio Avenue; Lot 008 in Assessor's Block 1073 - Request for Discretionary Review of Building Permit Application No. 2006.05.31.2874 proposing to construct a new four-story building containing two dwelling units at the front of the subject lot, which currently contains a two-story structure with one dwelling unit at the rear of the lot, within an RH-3 (Residential, House, Three-Family) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Do not take Discretionary Review and Approve

(Continued from Regular Meeting of April 16, 2009)

SPEAKERS: None

ACTION: Discretionary Review request was withdrawn

14a. 2009.0161D (A. STARR: (415) 558-6362)

2948-2950 FILLMORE STREET - east side between Union and Green Streets; Lot 017 in Assessor's Block 0540- Mandatory Discretionary Review of Building Permit Application No. 2008.07.28.7809 (demolition); proposing to demolish the existing three-story, two-unit building and construct a four-story, three-unit building in an RH-3 (Residential, House, Three-Family) Zoning District and a 40-X Height and Bulk District.

Preliminary Recommendation: Do Not Take Discretionary Review and Approve Project

SPEAKERS:

Project Sponsor's Representative described the project

Bridget Slattery spoke in opposition to the project

ACTION: Did not take Discretionary Review and approved the demolition

AYES: Antonini, Borden, Lee, and Moore

NAYES: Miguel, Olague, and Sugaya

DRA#: 0079

14b. 2008.0322D (A. STARR: (415) 558-6362)

2948-2950 FILLMORE STREET - east side between Union and Green Streets; Lot 017 in Assessor's Block 0540 - Mandatory Discretionary Review of Building Permit Application No. 2008.07.28.7807 (new construction); proposing to demolish the existing three-story, two-unit building and construct a four-story, three-unit building in an RH-3 (Residential, House, Three-Family) Zoning District and a 40-X Height and Bulk District.

Preliminary Recommendation: Take Discretionary Review and Modify the Project

SPEAKERS: Same as those listed in item 14a

ACTION: Did not take Discretionary Review and approved the new construction with the understanding that this action is not precedent setting; that the project sponsor will continue working with staff on design; and that there will be no  noisy construction work on weekends

AYES: Antonini, Borden, Lee, Olague and Sugaya

NAYES: Miguel and Moore

DRA#: 0080

14c. 2008.0322V (A. STARR: (415) 558-6362)

2948-2950 FILLMORE STREET - east side between Union and Green Streets; Lot 017 in Assessor's Block 0540 - Request for a Variance from the rear yard requirements of Section 134 of the Planning Code to allow the proposed new four-story, three-unit building to encroach approximately 7' into the required rear yard, and the proposed 4th floor to extend approximately 13' beyond the required 4th floor 10' setback line above 30' in an RH-3 (Residential, House, Three-Family) Zoning District and a 40-X Height and Bulk District.

SPEAKERS: Same as those listed in item 14a

ACTION: The Zoning Administrator closed the public hearing and granted the variance subject to standard conditions of approval.

*15. 2002.1334E (J. NAVARRETE: (415) 575-9040)

555 WASHINGTON STREET/545 SANSOME STREET - Project Draft Environmental Impact Report southwest corner of Washington and Sansome Streets, Assessor's Block 0207, Lots 033, 035, and 036. Public Hearing on the Draft Environmental Impact Report: The proposed project would demolish the two existing buildings of the subject lot: 545 Sansome Street is an approximately 57,000 square-foot, nine-story building constructed in 1930, which is considered an historical resource for the purposes of CEQA; 501-505 Washington Street is an adjacent one-story building of approximately 2,000 square feet (sq. ft.) of retail use, constructed in 1977. The proposed project would construct on the subject lots a new 336,585 square-feet, 38-story, 390-foot tall, residential tower containing 248 residential units and amenities, 6,780 sq. ft. ground floor retail, and four subsurface levels for 230 off-street parking spaces. The subject property is within the C-3-O (Downtown Office) Zoning District and a 200-S Height and Bulk District.

Preliminary Recommendation: No Action Required

Note: written comments will be accepted at the Planning Department until the close of business on May 11, 2009.

*This item was added to the minutes from an addendum to the 5/7/09 Planning Commission Notice of Meeting & Calendar.

SPEAKERS:

Gerry Crowley – Neighborhood Network; Nan Roth – Telegraph Hill Dwellers; Andy Kats – Telegraph Hill Dwellers; Tan Chow – Chinatown Community Development Center; F. Joseph Butler; Sue Hestor; Arlene Morgan – Cathedral Hill Neighbors; and Mary Lippian voiced concerns about the inadequacy of the draft EIR.

ACTION: This meeting was held to receive comments from the public and commissioners on the DEIR. Although the Commission did not take action on the draft environmental document, they did vote to extend the written comment period to close of business on Monday, May 18, 2009.

AYES: Miguel, Antonini, Borden, Lee, Moore, Olague and Sugaya

H. 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

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

There were no speakers

Adjournment: 4:55 p.m.

ADOPTED: May 21, 2009

Last updated: 11/17/2009 10:00:37 PM