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City and County of San Francisco

March 26, 2009

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SAN FRANCISCO

PLANNING COMMISSION

 

Meeting Minutes 

 

Commission Chambers - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, March 26, 2009

1:30 PM

Regular Meeting

 

 

COMMISSIONERS PRESENT:  Miguel, Antonini, Borden, Lee, Moore, Olague, and Sugaya

 

THE MEETING WAS CALLED TO ORDER BY PRESIDENT MIGUEL AT 1:43 P.M.

 

STAFF IN ATTENDANCE: John Rahaim – Director of Planning, Larry Badiner – Zoning Administrator, AnMarie Rodgers, Scott Sanchez, Craig Nikitas, Tara Sullivan, Kevin Guy, Adrian Putra, Mary Woods, Glenn Cabreros, 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.         2006.1431E                                                                       (D. DWYER: (415) 575-9031)

1960-1998 MARKET STREET - north side between Laguna and Buchanan; Lots 005, 006 and 007 of Assessor’s Block 0872 - Appeal of Preliminary Negative Declaration for the proposed project consisting of the demolition of the existing a surface parking lot with approximately 20 carshare parking spaces; Union 76 gas station comprised of a 1,710-square-foot, one-story building, three islands with gas pumps sheltered by metal canopy approximately 15 feet in height, and two 12,000-gallon underground storage tanks (USTs); and two 12 ft x 25 ft general advertising signs. The proposed project also would construct a nine-story, 85-foot-tall mixed-use building totaling approximately 146,800 gross square feet in area, including ground floor parking with approximately 108 condominium units, 86 off-street parking spaces located on the ground floor and in two below-grade garage levels, and three ground-floor commercial spaces totaling 8,150 square feet. The 21,200-square-foot project site is located at the northeast corner of the intersection of Market, Duboce and Buchanan Streets in an NCT-3 (Neighborhood Commercial Transit) Zoning District and 85-X Height and Bulk District. 

Preliminary Recommendation: Uphold Preliminary Negative Declaration

(Continued from Regular Meeting of March 19, 2009)

(Proposed for Continuance to April 16, 2009)

 

SPEAKERS:     None

ACTION:           Continued as proposed

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

                2a.          2006.1431ECV                                                                                                                                                                                                                                                                                                    (J. IONIN: (415) 558-6309)

1960-1998 MARKET STREET - northeast corner at Buchanan Street, Assessor’s Block 0872, Lots 005, 006 and 007 - Consideration of Adoption of CEQA Findings and Request for Conditional Use Authorization under Planning Code Sections 228 (Service Station Conversion), 731.11 (Development Lot Size) and 731.94 (Residential Off-street Parking) for the conversion of a service station and construction of a U-shaped mixed-use development with up to 115 residential units over ground floor commercial and subterranean parking below for up to 91 off-street parking spacesThe project lies within an NCT-3 (Neighborhood Commercial Transit, Moderate-Scale) District, an 85-X Height and Bulk District and the recently adopted Market & Octavia Plan Area.

Preliminary Recommendation: Approval with Conditions

(Continued from Regular Meeting of March 19, 2009)

(Proposed for Continuance to April 16, 2009)

 

SPEAKERS:     None

ACTION:           Continued as proposed

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

 

2b.       2006.1431ECV                                                                      (J. IONIN: (415) 558-6309)

1960-1998 MARKET STREET - northeast corner at Buchanan Street, Assessor’s Block 0872, Lots 005, 006 and 007, located in an NCT-3 (Neighborhood Commercial Transit, Moderate-Scale) District, an 85-X Height and Bulk District and the recently adopted Market & Octavia Plan Area. REAR YARD, USABLE AND EXPOSURE VARIANCES SOUGHT: The proposal is to demolish the service station and construct a U-shaped mixed-use development with up to 115 residential units over ground floor commercial and subterranean parking for up to 91 off-street parking spaces.

            (Continued from Regular Meeting of March 19, 2009)

                        (Proposed for Continuance to April 16, 2009)

 

SPEAKERS:     None

ACTION:           Continued as proposed

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

 

3a.        2007.1121XV                                                                             (B. FU: (415) 558- 6613)

            430 Main Street / 429 Beale Street - north to south through lot between Main and Beale Streets, and between Harrison Street to the west and Bryant Street to the east; Lots 305 & 306 in Assessor’s Block 3767 - Request under Planning Code Sections 309.1, 825, and 827 for determinations of compliance and exceptions for dwelling unit exposure.  The subject property is located within the RH DTR (Rincon Hill Downtown Residential Mixed Use) District with an 84-X Height and Bulk Designation. The project proposal is to construct a new eight-story, 84-foot building consisting of up to 113 dwelling units over a below-grade parking structure for up to 57 spaces.  The project also requires a Variance for open space, to be heard and considered by the Zoning Administrator at the same hearing.     

            Preliminary Recommendation: Approval with Conditions                   

            Proposed for Continuance to April 9, 2009)

 

SPEAKERS:     None

ACTION:           Continued as proposed

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

 

3b.       2007.1121XV                                                                              (B. FU: (415) 558- 6613)

            430 Main Street / 429 Beale Street - north to south through lot between Main and Beale Streets, and between Harrison Street to the west and Bryant Street to the east; Lots 305 & 306 in Assessor’s Block 3767 - Variance request to allow reduction of the required open space per Planning Code Sections 135 and 827, for the proposed construction of  a new eight-story, 84-foot building consisting of up to 113 dwelling units over a below-grade parking structure for up to 57 spaces within the RH DTR (Rincon Hill  Downtown Residential Mixed Use) District with an 84-X Height and Bulk Designation.

Proposed for Continuance to April 9, 2009)

 

SPEAKERS:     None

ACTION:           Continued as proposed

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

 

B.         COMMISSIONERS’ QUESTIONS AND MATTERS

 

4.         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 Borden:

There was an Article in the San Francisco Business Times this week regarding the vacancies on Union Street.  There are currently 18 vacancies and there will be 25 by the end of June assuming no new storefronts are occupied.  One of the people quoted in the article was a real estate person who owns their building and they were talking about how landlords need to work on lowering the rent rates and knowing what the rates are.  This is a great opportunity to start looking at the hearings we talked about doing for neighborhood commercial corridors because there are a lot of properties that are managed by property management companies and the owners’ don/t know what the climate or the conditions are on these corridors or the city in general.  The Department of the Environment has a great website where anyone in the city can go and look up their address and look at the opportunity to put solar panels on their home; what the viability would be; what the different light would be throughout the day; etc.  I think the website is sfsolarcity.org, but it’s on the Department of the Environment’s website.  I thought it was interesting and that we should promote it.

Commissioner Olague:

She thanked the Department for putting together the earlier hearing on transportation issues.  In the future she would like the Director and more planners to attend.  It was an excellent presentation.  We have received correspondence regarding 1250 Missouri and perhaps Mr. Badiner, we can follow up on that.  If it comes to the point where we do have a public hearing, I would request that it come from our body so as not to put the burden on the public in terms of having to file a DR.  In a recent blog, I think I was mis-quoted or taken out of context or something, so I want to put out a disclaimer that I have a very good relationship with the City Attorney’s Office.  Dennis Herrera has been very impartial and very helpful to me when I’ve had questions and concerns about things that pertain to being on this commission.  At some point in the future I would like to talk with President Miguel and the City Attorney about how enforcement takes place and the role of the City Attorney’s Office.  I think there are still some enforcement issues that are outstanding.  About a year ago I asked for a hearing on incompatible activities because I don’t really understand it that well.  We keep getting memos on it and I can’t ask questions of a memo.  It’s overwhelming to me.  (Commission Secretary Avery responded that a public hearing could be set up to provide information to the Commission if that is desired, or individual or small group briefings could also be arranged.  Commissioner Moore was the only other commissioner who indicated the desire to also be briefed.)

 

 

Commissioner Antonini:

He thanked staff for a very informative meeting on discretionary review reform last night.  On Monday he first met with the project sponsor of 429 Beal/430 Maine Street.  Immediately afterward he met with a concerned neighbor.  He felt both meetings were very fruitful.

Commissioner Moore:

As follow up to what Commissioner Antonini said, there will be another meeting on DR where commissioners will be briefed, but I had asked that there be a briefing where the public could listen also.  At this point, I am asking for an informal morning meeting on DR that is broadcast where the public could attend and participate.  Also, I attended a meeting with the sponsors of Trinity Plaza.  It was important to the extent that I was moved and inspired by the high quality of commitment in that building.  That meeting was also attended by Commissioner Borden.  Also, I have been bombarded with a flood of emails on the Masonic Auditorium.  I will take a tour of that facility on Monday.

Commissioner Miguel:

Regarding the project at 430 Maine, I have met with the project sponsor and some of the neighbors.  I’ve also met regarding 1960 Market; Drew School; and the DR reform meeting was very informative.  I’ve also met with people regarding 2929 Green.  There was a public meeting the other night regarding Potrero housing – the rebuild of the public housing there.  It was extremely well attended including a large number of the tenants.  I had an interesting call regarding 1250 Missouri.   They wanted to know why they couldn’t put offices there.

Commissioner Antonini:

I also went by o see the project at 2929 Green

Commissioner Olague:

Is there anyone in the Department who can explain to me how tenancies in common work?  There was a building in my neighborhood that went from being sold as a single unit building that is now being sold as individual multiple units.

 

C.         DIRECTOR’S REPORT

 

5.             Director’s Announcements

 

Director Rahaim:

This past week I attended a meeting of the West of Twin Peaks Neighborhood Council, which is a consortium of 17 organizations on the west side.  There discussion around the Housing Element and DR reform.  On the Housing Element, I want to mention that we are in the phase where we are going out to communities all over the city.  We have 22 meetings scheduled in the neighborhoods in the next three months.  I want to repeat the invitation to community organizations for us to come out to their meetings to talk about the Housing Element.  Our current schedule is to have a draft available in July.  We are a little behind the State required schedule, but the State is aware of it and are pleased with our progress we are making.

     

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

 

BOARD OF SUPERVISORS

Land Use:

·           Bike Plan Environmental Impact Report and Schedule for Plan Adoption (Wycko)

·           Balboa Park Station Area Plan (McGee & Co.)

 

FULL BOARD:

·           Massage Services in South of Market Residential/Service Mixed Use District (2nd Read)

·           Ordinance amending the Planning Code to correct errors and omissions (2nd Read)

·           Zoning Map Amendment in association with Project at 420 29th Avenue (Rodgers)

·           Apply for Caltrans Transportation Planning Grant (Power/Rodgers)

 

INTRODUCTIONS:

.           Maxwell & Alioto-Pier:  Introduced three resolutions related to the St. Lukes Hospital in the Mission.  1) Hearing request to evaluate the feasibility of a temporary hospital structure during the rebuild of St. Lukes.  2) A resolution urging CPMC to evaluate the concept of building a temporary hospital during the rebuild of St. Lukes.  3) A resolution urging the Planning Department & the HPC to evaluate the historic integrity of a 1912 building on the hospital campus to determine if this building might be a historic resource under CEQA.

.           Alioto-Pier:  090367 – An ordinance that amends the Planning Code to add Section 790.107 to define a new use, “Philanthropic Administrative Service Use” and related amendments to authorize this use in the Upper Fillmore NCD.

.           Maxwell:  090317 – A resolution requesting a hearing on the status of the Bike Plan EIR and schedule for Plan adoption.  This hearing will take place next Monday at the Land Use Committee.

 

BOARD OF APPEALS

365 Fulton Street, a project initially approved by the Redevelopment Agency.  The zoning has changed from Western Addition A to NCT-3.  On 2/11 the Board upheld that permit requiring a “good neighbor” plan.  The good neighbor policies were of concern at this hearing.  The Deputy City Attorney cautioned the Board that they were limited in what they could consider as good neighbor policies because they are considered a protected class of tenants.  The policies could not be construed as discriminatory.  The staffing, the security system, and the alarm system are not typical conditions of approval and the Board crossed them out of the findings and adopted the findings 5 to 0.

1450 Franklin Street, a project similar to 365 Fulton Street.  It is also in an expired Redevelopment Agency project area.  The appellant, San Francisco Architectural Heritage, requested a continuance to review the findings.  The project sponsor consented and the item was continued to April 15th.

A deck installed without permit on Cayuga Street – it was along the side property line and had a massive fire wall that extended about 36 inches above the fence for the depth of the deck.  The Board heard the appellant and reviewed the revised plans submitted by the project sponsor.  The Board decided they didn’t want any fire wall along the side property line.  The project sponsor now has to revise the deck that was built without permit.

Another appeal was on 17th Avenue that relates to a rooms-down permit – this was the addition of bathrooms on the ground floor.  During the course of the appeal, it came to the Department’s attention that the project sponsor had mis-represented the existing conditions on the plan.  There was an existing interior connection to the ground floor.  This was never showing as existing on the plans and would have affected the Department’s review so we requested specific changes to the project and the Board took the bulk of the Departments recommendations and ordered those changes to the project.

An appeal at 170-172 Clara Street -- this project originated in 2007 when Eastern Neighborhoods was still going on and the controls had not been finalized.  This was a two-level industrial building.  They wanted to convert the second level to residential use and add a third level for residential use.  There were concerns about the displacement of the PDR use.  They divided the project into 2 phases.  The first would provide a stair penthouse and do some interior work but would not change the use to residential.  That permit was issued earlier this year prior to the initiation of Eastern Neighborhood controls and was appealed by neighbors who had concerns about the impacts of the stair penthouse on light and air to the adjacent property, which is the City Mews apartment complex.  The Board had concerns about the second phase of the project which is out for the 312 notification process right now.  If neighbors have concerns about that phase of the project that includes the change in use and the third floor residential, then it might come before you under Discretionary Review.  The Board continued this item to early June to allow time for the 312 notification process to complete and see if any DR requests are filed and to allow time for the project sponsor to change their plans and permits.

 

HISTORIC PRESERVATION COMMISSION

There HPC did not meet this week

 

D.         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:

Cynthia ServetnickSan Francisco Preservation Consortium: she read a letter to Director Rahaim regarding the series of meetings and public hearings on amendments to Articles 10 & 11 and requested that one of their members participate in this process. 

Charlie Marsteller – regarding 1268 Lombard demolition

Sue Hestor – She requested that the commission put advance notice of policy hearings on the weekly calendars.  She told the commission to not do hearings that are not broadcast.

 

E.            REGULAR CALENDAR 

                       

            7.         2009.0198U                                                                   (A. RODGERS: (415) 558-6395)

Amendments to the Building Code - Pilot Project Requiring Amended Certificates of Final Completion and Occupancy for Existing Buildings in the RTO and NCT zoned portions of the Market & Octavia Area Plan Within the Boundaries of District Five. Ordinance introduced by Supervisor Mirkarimi [BF 090227] amending the San Francisco Building Code by amending Section 109A to provide that in the RTO and NCT zoned portions of the Market & Octavia Area Plan within the boundaries of District Five, an Amended Certificate of Final Completion and Occupancy shall be issued for an existing building where a Certificate of Occupancy would be issued under the Code, and to require the Amended Certificate of Final Completion and Occupancy to include a reference to the date of the first certificate of occupancy and any subsequent certificates of occupancy that have been issued for the building; and adopting findings, including environmental findings and findings of consistency with the General Plan and the Priority Policies of Planning Code Section 101.1.

Preliminary Recommendation: Approval with Modifications

 

SPEAKERS:    

Tim Colen – San Francisco Housing Action Coalition, Peter Cohen – Deboce Triangle, and Calvin Welch – Council of Community Housing Organizations

ACTION:           Approved as modified to extend the proposal throughout the city; and the Supervisors were urged to continue to explore affordability.

AYES:              Miguel, Borden, Lee, Olague and Sugaya

NAYES:            Antonini and Moore

RESOLUTION:   17845

 

 

 

8.                                                                                             (S. SANCHEZ: (415) 558-6326)

Extension of Entitlements - Consideration of adoption of Commission policies on extension of entitlements for Office Development Annual Limit, Downtown Residential District and other projects (including: 100% affordable housing, buildings that meet or exceed LEED™ Gold or equivalent standards and those sponsored by a City agency).

Preliminary Recommendation: Adoption

 

SPEAKERS:    

Calvin Welch – Council of Community Housing Organization; Paul Campos – Home Builders Association of Northern California; Matt Regan – Bay Area Council; Jazzie Collins – SOMA Stabilization Citizens Advisory Committee; Angelica Camande – South of Market Community Action Network; Peter Cohen; Joel Koppel – San Francisco Labor Industry; Manuel Flores – Local 22; Sue Hestor; Jim Reuben – Reuben & Junius; Steve Vettel; Erik Robbins; Andrew Junius – Reuben & Junius; and Michael Theriault – San Francisco Building Trades

ACTION:           Approved as modified:  the Commission will have revocation hearings on the two projects staff has identified and have informational hearings on the others; throughout the documents, change the “look favorably” language to “would consider”

AYES:              Miguel, Borden, Moore, Olague and Sugaya

NAYES:            Antonini and Lee

MOTION:           17846A for Office Development Annual Limit Projects

MOTION:           17846B for Downtown Residential Districts

MOTION:           17846C for 100% Affordable Buildings that meet or exceed LEED Gold or Equivalent Standards and City Sponsored Projects

 

            9.         2006.0070T                                                                         (C. NIKITAS: (415) 558-6306)

IMPLEMENTATION OF Legislation to Control the LOSS OF DWELLING UNITS - Code Implementation Document - Proposed procedures and criteria to implement newly-adopted Code Section 317 requiring Planning Commission hearings for the removal of certain dwelling and live-work units. The document also sets numerical criteria, some of which are subject to administrative adjustment in response to changing economic conditions.

Preliminary Recommendation: Adoption

(Continued from Regular Meeting of March 12, 2009)

 

SPEAKERS:    

Nancy Wuerfel – Sunset Parkside Education & Action Committee; Cynthia Serventnick – San Francisco Preservation Consortium; Sue Hestor; and Ms. Finny

ACTION:           Approved

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

RESOLUTION:   17873

 

10.                                                                                            (T. SULLIVAN: (415) 558-6257)

Planning Code Articles 10 and 11 - Informational Presentation to discuss policy issues for preservation planning and to discuss Board of Supervisors File No. 08-1565, an Ordinance that would rescind Articles 10 (Preservation of Historical Architectural and Aesthetic Landmarks) and 11 (Preservation of Buildings and Districts of Architectural, Historical, and Aesthetic Importance in the C-3 Districts) from the Planning Code in its entirety and adopt a new Article 10 and 11 to implement the provisions of the new San Francisco Charter Section 4.135 (Historic Preservation Commission).

 

SPEAKERS:    

Cynthia Serventnick – San Francisco Preservation Consortium

ACTION:           Informational only.  There was no Commission action.

NOTE:  Items 11 and 12 were called and heard together

11.        2008.1294K                                                                                (K. GUY: (415) 558-6163)

Boeddeker Park - northeast corner of Eddy and Jones Streets, Lots 006-009 and 017-019 of Assessor's Block 0332 - Request to raise Absolute Cumulative Shadow Limit on Boeddeker Park in order to allow the development of the proposed project at 168-186 Eddy Street (Case No. 2007.1342CK).  Boeddeker Park is located within the P (Public) District, the North of Market Residential Special Use District (Subarea 1), and the OS (Open Space) Height and Bulk District.

 

SPEAKERS:    

Don Falk – Project Sponsor (TNDC); David Baker – Project Architect; Steve Vettel – Representing the Project Sponsor; Joel Lipski – Mayor’s Office of Housing; Unclear name; Unclear name; Unclear name; Jeff, Buckley – Central City SRO Collaborative; Paul Hogarth; Matt Regan – Bay Area Counsel; Mike Williams; Johnny Martin; Ward Loggins; Sarah Karlinsky – SPUR; Tim Colen – San Francisco Action Coalition; and Otto Duffy spoke in support

ACTION:           Approved

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

MOTION:           17847

 

12a.      2007.1342CKE                                                                         (K. GUY: (415) 558-6163)

168-186 Eddy Street - northeast corner at Taylor Street, Lots 010 and 011 of Assessor’s Block 0331 - Request for Conditional Use Authorization of a Planned Unit Development, with specific modifications including but not limited to Planning Code regulations related to streetwall setbacks, bulk, height measurement, rear yard, dwelling unit exposure, parking, and loading. The proposal is to demolish an existing surface parking lot and construct a new 14-story, 130-foot tall mixed-use building containing approximately 153 affordable dwelling units, approximately 13,750 square feet of ground-floor commercial space, a supportive services office, rooftop and second floor open space, one loading space, and no off-street parking. The project site is located within the RC-4 (Residential-Commercial Combined, High Density) District, the North of Market Residential Special Use District (Subarea 1), the 80-130-T Height and Bulk District, and the Uptown Tenderloin National Register Historic District.

 

SPEAKERS:     Same as those listed for item 11

ACTION:           Approved as amended by staff and including CEQA findings

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

MOTION:           17848 for CU Authorization

Motion:           17849 for adoption of CEQA findings

 

12b.      2007.1342CKE                                                                         (K. GUY: (415) 558-6163)

168-186 Eddy Street - northeast corner at Taylor Street, Lots 010 and 011 of Assessor’s Block 0331 - Review under Planning Code Section 295 regarding shadow impacts to a public park (Boeddeker Park). The proposal is to demolish an existing surface parking lot and construct a new 14-story, 130-foot tall mixed-use building containing approximately 153 affordable dwelling units, approximately 13,750 square feet of ground-floor commercial space, a supportive services office, rooftop and second floor open space, one loading space, and no off-street parking. The project site is located within the RC-4 (Residential-Commercial Combined, High Density) District, the North of Market Residential Special Use District (Subarea 1), the 80-130-T Height and Bulk District, and the Uptown Tenderloin National Register Historic District.

Preliminary Recommendation: Approval with Conditions

 

SPEAKERS:     Same as those listed for item 11

ACTION:           Approved as amended by staff and including CEQA findings.

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

MOTION:           17850

 

13.        2009.0109W                                                                             (K. GUY: (415) 558-6163)

1167 Market Street (aka Trinity Plaza) - bounded on the north by Market Street, on the west by 8th Street, and on the south by Mission Street; Lots 039 and 051 through 053 in Assessor’s Block 3507, and a portion of the former Jessie Street between Seventh and Eighth Streets: Request for approval of amendments to a development agreement between 1169 Market Street, L.P., a California limited partnership, and the City and County of San Francisco, entered into on June 15, 2007, pursuant to Ordinance No. 92-07 adopted by the Board of Supervisors on April 17, 2007 (File No. 061217), governing the terms for the development of the previously-approved "Trinity Plaza" project (Case No. 2002.1179). The requested approval would consist of amending the said development agreement Section 1.2.20 to clarify a definition, amending Section 1.4 to add five (5) years to the base Term of the development agreement, amending Section 3.3.2 regarding construction phasing for the project, amending Section 4.2 to provide a clarification to the definition of Existing Tenants, adding Sections 4.3.1 and 4.3.2 to restate and designate the Below Market Rate Unit requirement and locations for Building A, amending Sections 4.5.1, 4.5.2 and 4.5.4 to modify the location and selection process for the Replacement Units, and adding Section 6.12 to provide for the application of Planning Code Section 149 art requirements to Trinity Plaza, and adopting findings.

preliminary Recommendation: Approval with Modifications.

                        (Continued from Regular Meeting of March 19, 2009)

 

SPEAKERS:    

Jim Reuben – Representing the Project Sponsor; (+) Michael Adler, (-) Jazzy Collins expressed concern that the tenants have not indicated their support for the proposed changes, (-) Angelica Cabande - SOMCAN, (+) Michael Theriault – SF Building Trades, (+) Jim Tatarazuk – tenant of the project, (+) Manny Flores – Local 22

ACTION:           Approved as modified to allow the build out of the parking structure; parking spaces will be released upon completion of the phasing; and distribution of BMR units will be subject to Planning Code Section 315.

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

NAYES:            Antonini

MOTION:           17851

 

14.        2008.1161C                                                                         (A. PUTRA: (415) 575-9079)

99 WEST PORTAL AVENUE - northeast corner of West Portal Avenue and Vicente Street, Assessor’s Block 2979A; Lot 021A - Request for Conditional Use Authorization, pursuant to Planning Code Sections 729.51, and 303 to allow a ground floor medical service use (dba "Dean L. Duncan, DDS") in the West Portal Neighborhood Commercial District, and 26-X Height and Bulk District. 

Preliminary Recommendation:  Disapproval

 

SPEAKERS:    

Dean Duncan – Project Sponsor, Deepak Patankar – Architect, Tony Hall, Antonio Benitez, Janis Ferrari, Maria Wong, Donnie Cameron, Tameron Rodenski, Ada Ting, Erich Habelt, Art Belenson, and Fred Martin spoke in support.  Elliot Wagner, Larry Mahan, and Rae Doyle spoke in opposition.

ACTION:           Passed a motion of intent to approve with modifications.  Final language is to come before the commission on 4/9/09.

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

NAYES:            Olague

 

15.        2008.0940C                                                                       (M. WOODS: (415) 558-6315)

2250 VALLEJO STREET - north side between Fillmore and Webster Streets; Lot 009, in Assessor’s Block 0557 - Request for Conditional Use Authorization pursuant to Sections 303(c) and 317 of the Planning Code to allow the merger of eleven dwelling units into two dwelling units in a three-story over basement residential building, within an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District. 

Preliminary Recommendation: Approval with Conditions, including Modifications to Retain More than Two Dwelling Units

            (Continued from Regular Meeting of March 5, 2009)

 

SPEAKERS:    

Pat Buscovich – Project Sponsor’s Representative, Fred Harrold – Pastor, Vincent Marsh, Arnie Lerner, Jack Gold, Rob Rossi – Project Sponsor, and Tom Rudwall spoke in support of the project

ACTION:           Passed a motion of intent to approve the project sponsor’s proposal of two units.  Final language is to come before the commission on 4/9/09.

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

NAYES:            Moore and Sugaya

 

16.        2008.1309D                                                                 (G. CABREROS: (415) 558-6169)

2829 GREEN STREET - south side between Baker and Lyon Streets, Lot 021 in Assessor's Block 0956 - Staff-initiated Discretionary Review of Building Permit Application No. 2008.07.18.7090 proposing to infill a courtyard area at the level of the third floor of the single-family residence undergoing alteration.  The alteration project with courtyard area was originally approved under Building Permit Application No. 2006.02.23.5308 in 2006.  The subject building is within an RH-1 (Residential, House, One-Family) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Take Discretionary Review and Disapprove.

            (Continued from Regular Meeting of March 12, 2009)

 

SPEAKERS:

Brooke Sampson – Cow Hollow Association spoke in support of the discretionary review and in opposition to the proposed project. Stephen Koch spoke on the matter without expressing support of or opposition to the project

ACTION:           The Commission took discretionary review and approved the project with the modification to remove the infill courtyard but allow the other proposed alterations to proceed.

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

NAYES:            Antonini

ABSENT:          Lee

DRA#:              0072

 

17a.      2006.1065DDDD                                                                 (S. VELLVE (415) 558-6263)

145-149 Buena Vista Avenue East/52 Alpine Terrace - west side between Waller Street and Duboce Avenue; Lots 036 and 037 (formerly Lot 005) in Assessor’s Block 1258 - Requests for Discretionary Review of Building Permit Application No. 2006.09.20.2886, proposing to demolish an existing garage and to construct a new four-story, three-unit building at 52 Alpine Terrace that, in addition to providing its own required parking, would provide parking for a two-unit building at 145-149 Buena Vista East (requiring a Variance, Item 2b) in an RH-3 (Residential House, Three-Family) Zoning District and a 40-X Height and Bulk District. The existing three-car garage structure at 52 Alpine Terrace would be demolished.

Preliminary Recommendation:  Do not take Discretionary Review and Approve

(Continued from Regular Meeting March 12, 2009)

 

SPEAKERS:     None

ACTION:           Without hearing, continued to 4/16/09

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

 

            17b.      2006.1065V                                                                         (S. VELLVE (415) 558-6263)

                        145-149 Buena Vista Avenue East/52 Alpine Terrace - west side between Waller Street and Duboce Avenue; Lots 036 and 037 (formerly Lot 005) in Assessor’s Block 1258 - Request for a Parking Variance for two required off-street parking spaces that would be provided on a separate lot than the dwelling units in an RH-3 (Residential House, Three-Family) Zoning District and a 40-X Height and Bulk District. The project proposes to demolish an existing garage and to construct a new four-story, three-unit building that, in addition to providing its own required parking, would provide parking for a two-unit building at 145-149 Buena Vista East.  The request will be heard by the Zoning Administrator.

(Continued from Regular Meeting of March 12, 2009)

 

SPEAKERS:     None

ACTION:           Without hearing, continued to 4/16/09

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

 

F.         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:   11:02 p.m.

 

 

 

Adopted:  June 4, 2009

Last updated: 5/13/2011 1:51:26 PM