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City and County of San Francisco

March 19, 2009

March 19, 2009

SAN FRANCISCO

PLANNING COMMISSION

Meeting Minutes

Commission Chambers - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, March 19, 2009

1:30 PM

Regular Meeting

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

COMMISSIONERS ABSENT: Olague

THE MEETING WAS CALLED TO ORDER BY PRESIDENT MIGUEL AT 1:33 P.M.

STAFF IN ATTENDANCE: John Rahaim – Director of Planning, Larry Badiner – Zoning Administrator, Cecilia Jaroslawsky, Michael Smith, Edgar Oropeza, Joshua Switzky, Ben Fu, 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.

1. 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.

(Proposed for Continuance to March 26, 2009)

SPEAKERS: None

ACTION: Continued as proposed

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

ABSENT: Olague

2. 2006.1431E (D. DWYER: (415) 575-9031)

1960-1998 MARKET STREET - northeast corner at Buchanan Street; 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 February 26, 2009)

(Proposed for Continuance to March 26, 2009)

SPEAKERS: None

ACTION: Continued as proposed

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

ABSENT: Olague

3a. 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 - 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 spaces. The 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: Pending

(Proposed for Continuance to March 26, 2009)

SPEAKERS: None

ACTION: Continued as proposed

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

ABSENT: Olague

3b. 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, OPEN SPACE 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.

(Proposed for Continuance to March 26, 2009)

SPEAKERS: None

ACTION: Continued as proposed

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

ABSENT: Olague

4. 2008.1014C (J. IONIN: (415) 558-6309)

652 STANYAN STREET - east side between Page and Haight Streets, Assessor's Block 1228, Lot 008 - Request for Conditional Use Authorization under Planning Code Section 209.6 (Public Facilities and Utilities) for AT&T Wireless to co-locate six antennas on the roof (concealed within RF transparent material) and associated equipment cabinets in the basement of the subject property. The project lies within an RM-2 (Residential, Mixed, Moderate Density) District and a 50-X Height and Bulk District.

Preliminary Recommendation: Pending

(Proposed for Continuance to April 23, 2009)

SPEAKERS: None

ACTION: Continued as proposed

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

ABSENT: Olague

5. 2008.1076C (S. Young: (415) 558-6346)

1699 HAIGHT STREET - southeast corner of Haight and Cole Streets; Lot 020 in Assessor's Block 1247 - Request for Conditional Use Authorization under Sections 719.26 and 303 of the Planning Code to legalize an existing automatic teller machine (ATM) walk-up facility, without providing a 3-foot recession from the front property line, located in the Haight Street Neighborhood Commercial Zoning District and a 40-X Height and Bulk District. The existing walk-up facility is an accessory use to an existing liquor store (dba Haight & Cole Liquors).

Preliminary Recommendation: Pending

(Proposed for Continuance to June 4, 2009)

SPEAKERS: None

ACTION: Continued as proposed

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

ABSENT: Olague

6. 2001.1056E (L. KIENKER: (415) 575-9036)

280 DIVISADERO STREET CARRIAGE HOUSE - east side of Divisadero Street between Page and Haight Streets; Lot 023 in Assessor's Block 1238 – Certification of the Final Environmental Impact Report. The proposed project would replace an existing approximately 1,340-square foot (sf) carriage house structure, part of Landmark No. 190, the Charles L. Hinkel House, for a single residential unit within the same building footprint as the existing structure and attached garage, at the northeast corner property lines of the 6,875-sf lot. The proposed structure would be two stories in height and include a deck over an attached garage. The proposed project would not modify the main three-story over garden-level residential structure. The project would require approval of a Variance for construction within the required setbacks and a Certificate of Appropriateness pursuant to Article 10 for demolition and new construction. The project would have a significant impact on Landmark No. 190, constructed in 1885.

Preliminary Recommendation: Certify the Final EIR

Please note: The public hearing on the Draft EIR is closed. The public comment period for the Draft EIR ended on June 18, 2007. The Planning Commission does not conduct public review of Final EIRs. Public comments on the certification may be presented to the Planning Commission in writing prior to the hearing or during the Public Comment portion of the Commission calendar.

(Continued from Regular Meeting of February 26, 2009)

(Proposed for Indefinite Continuance)

SPEAKERS: None

ACTION: Continued as proposed

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

ABSENT: Olague

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

7. 2008.1296P (C. JAROSLAWSKY: (415) 558-6348)

JOHN MUIR DRIVE - southwest corner near Lake Merced; Lot 004 in Assessor's Block 7283 - Request for Coastal Zone Permit - pursuant to Planning Code Sections 330.1, to repair storm damage to the sidewalk, requiring immediate action to mitigate loss or damage to public safety and services. An Emergency Coastal Zone Permit was issued by the Planning Department on August 13, 2008 to repair the partially collapsing sidewalk. The site is located in a P Zone (Public) and OS (Open Space) District and Local Coastal Zone Permit Area.

Preliminary Recommendation: Approval with Conditions

(Continued from Regular Meeting of February 19, 2009)

SPEAKERS: None

ACTION: Approved

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

ABSENT: Olague

MOTION: 17841

8a. 2006.1460D (M. SMITH: (415) 558-6322)

268 MADISON STREET- west side between Silliman and Felton Streets; Lot 008 in Assessor's Block 5943 - Mandatory Discretionary Review, under Planning Code Section 317 requiring review of residential demolition, of Demolition Permit Application No. 2007.11.07.7568, proposing to demolish a one-story, single-family dwelling on a double width lot in a RH-1 (Residential, House, One-Family) District and a 40-X Height and Bulk District.

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

(Continued from Regular Meeting of February 19, 2009)

SPEAKERS: None

ACTION: No DR and Approved

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

ABSENT: Olague

DRA#: 0069

8b. 2008.1203D (M. SMITH: (415) 558-6322)

268 MADISON STREET- west side between Silliman and Felton Streets; Lot 008 in Assessor's Block 5943 - Mandatory Discretionary Review, under Planning Code Section 317 requiring review of the replacement building in association with residential demolition, of Building Permit Application No. 2007.11.07.7585 (Northern Building), to construct a two-story over garage, single-family dwelling in a RH-1 (Residential, House, One -Family) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Do not take Discretionary Review and approve the new building permit.

(Continued from Regular Meeting of February 19, 2009)

SPEAKERS: None

ACTION: No DR and Approved

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

ABSENT: Olague

DRA#: 0070

8c. 2008.1382D (M. SMITH: (415) 558-6322)

268 MADISON STREET- west side between Silliman and Felton Streets; Lot 008 in Assessor's Block 5943 - Mandatory Discretionary Review, under Planning Code Section 317 requiring review of the replacement building in association with residential demolition, of Building Permit Application No. 2007.11.07.7587 (Southern Building), to construct a two-story over garage, single-family dwelling in a RH-1 (Residential, House, One -Family) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Do not take Discretionary Review and approve the new building permit.

(Continued from Regular Meeting of February 19, 2009)

SPEAKERS: None

ACTION: No DR and Approved

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

ABSENT: Olague

DRA#: 0071

C. COMMISSIONERS' QUESTIONS AND MATTERS

9. 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 can't think of a more mindless and pointless and cruel crime than graffiti, especially in times when millions of dollars could be used for better purposed are being spent on eradication. There are some good articles that have been written recently that talked about other locations like Seattle and San Mateo County where the graffiti is less of a problem because they actually enforce a penalty on those who are convicted of graffiti crime. San Francisco Beautiful is having a  Zero Graffiti for a Beautiful City on Thursday, April 23rd at 750 Kearny. The second item: I did print out the report from the Controller. I would like to have more information on is the fact that in San Francisco public health and human services collectively amount to about 2 billion out of our total budget of about 6.5 billion. That seems to be a high percentage and I wonder how that compares with other places. At a time when we are faced with budget problems, it seems that we should look for efficiencies. Its an interesting subject and one I think we should take a look at and see what can be done.

Commissioner Moore:

I toured a talk the other day on implementation models and water-sensitive urban design. That talk was so good that I hope that the Planning commissioners could hear that talk. On the panel was a young woman from the Public Utilities Commission named Rosie Jinks, who is a Storm Water Management planner. She gave an excellent presentation of what they are doing. Everything feeds into many of the things we do, but I think we would be ahead of the curve if we understood what leads to this type of planning. There was a young man from the private industry whose name is Scott Durban from Sustainable Watershed Design. They both talked about urban issues related to San Francisco. I encourage us to have these people come to give us their part of the talk which was very worthwhile.

Director Rahaim responded:

Maybe we can talk to PUC and invite these people to give us a briefing.

Commissioner Moore:

It was under the context of the Association of Environmental Professionals. It was at their annual meeting here for four days.

Commissioner Lee:

What are the hours of the Public Information Office that we share with DBI and get a sense of what it's going to look like in the future?

Commissioner Sugaya:

He thanked Scott Sanchez for forwarding the memos on the status of the Academy of Art. I think we should have some kind of presentation in the near future to go over some questions that have arisen. Secondly, on the house that was demolished on Russian Hill. I'd like to know a little bit more about how CEQA plays in this kind of situation or how it doesn't. This was undoubtedly an historic resource. We know the circumstances. There was no opportunity for environmental review to come in because of the emergency situation. I'd just like to get some clarification on that point.

Zoning Administrator Badiner responded:

The language of Section 311, which is the operative ordinance under the Planning Code, says that with consultation of the Zoning Administrator, DBI, or Fire depending upon the issue once they declare an immanent safety hazard to issue a demolition report. I consult with the Environmental Review Officer or his designee. I actually signed off on that permit with a CEAQ and a California State guideline that exempts emergency actions. I don't remember the code sections, but if you want more detail, I can submit a memo to you or a report, but essentially there was a statutory exemption for emergency action.

Commissioner Sugaya:

When you get some time, I'd like you to get me those citations.

Zoning Administrator Badiner responded:

I'll have the ERO do that.

Commissioner Sugaya:

There is a new book out on graffiti in San Francisco. It has lots of color pictures inside. It's a nice publication.

Commissioner Borden:

There is a SPUR Young Urbanist Forum on Monday that is called Art in the Public Realm. They are going to be at the art studio at Minna and 8th and they are going to looking at issues like graffiti art, murals, sculpture and other sort of public art. Going back to the Lombard Cottage, in the Chronicle they talked about preserving portions of the cottage and I was wondering what was going to happen with the preserved portions? It also begs the question of when we are going to have a joint meeting with DBI. When is that going to be on the calendar? When is Live Nation coming up [Masonic Auditorium]?

Zoning Administrator responded:

On the Masonic Auditorium question, I believe there has been a request that they do a traffic study. I don't know how long that study will take, but I suspect at least two months.

Commissioner Miguel:

I made that request.

Commissioner Borden:

On the DBI question?

Director Rahaim responded:

I think we decided to have it in late April or early May.

Commissioner Borden:

Do we know anything about the relocation of the cottage pieces?

Zoning Administrator Badiner responded:

I don't know anything about that. We can do some research, but I don't know what the status of that is.

Commissioner Miguel:

I also appreciate what Mr. Sanchez and done to bring us up to date on the Academy of Art, whom I met with this past week. I also met with people regarding 555 Washington and Trinity Properties as well as having a couple of meetings with Supervisors Campos and Mirkarimi separately on issues they or their constituents may have that could possibly affect the actions here at the Commission.

Commissioner Antonini:

I also met with Trinity and the Academy of Art Institute. I also met with project sponsors on 555 Washington.

D. DIRECTOR'S REPORT

10. Director's Announcements

Director Rahaim:

This morning I attended the San Francisco Leadership class. They asked me to come and talk about the role/functions of the Planning Department. They were doing a tour of the Transbay area after my presentation. Last night was the public meeting on Sea Wall lot 337. The public was given the opportunity to view the presentations of the proposed developers. I'm on the advisory committee to advise the Port on the selection of a developer. The Advisory Committee is meeting this week also to go over the proposal in detail and talk about concerns and questions as well. The two final developers combined to form one development team on that site. A number of changes have come about as a result of the economic situation from when the process was begun. Next week I'm attending the meeting of the West of Twin Peaks Council. They have asked me to their monthly meeting next Tuesday to talk about a range of issues of interest to that group. And finally I want to let you and the public know that the first meeting of the Community Advisory Council for the Market and Octavia Plan is on April 1st. It will be 6:30 p.m. at the Department and it is open to the public.

Zoning Administrator Badiner:

The Public Information Counter (PIC) has traditionally been open from 8 until 5, five days a week. As you are aware, there has been a downturn in the economy and we often find that at times there is not a lot to do, but at other times there is a rush. We have explored a lot of different options to save our resources and make sure we have availability to the public. We ultimately came up with the idea, because DBI closes every Wednesday from 8:30 to 10:30 in the morning, to close Wednesday mornings until 12 or 12:30 and also late Friday afternoon. We have heard concerns about that. We are re-examining that. We are talking with DBI about the best way to do this. We serve two functions at the PIC. One is information and the other is signing off on permits. Something like 90% of DBI's permits are signed off over the counter. If we are not there to sign off on them, they don't get signed off. That is a problem. So we are working with DBI. I expect those recent changes will be refined. But we are also trying to find the best way to harbor our resources and not have people standing around and yet serve the public. I think it's going through some rough patches, but we are aware of them and are trying to address them.

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

BOARD OF SUPERVISORS:

Land Use:

· Zoning Map Amendment in association with 420 29th Avenue–recommended approval to Full Board

Full Board:

· India Basin Industrial Park –referred back to Land Use Committee

· Amending the Planning Code to correct errors and omissions–passed 1st Read

· CU Massage Services w/  full-service spa in South of Market RSD–passed 1st Read

· Neg Dec APPEAL of 110 Embarcadero–Appeal upheld/EIR required

Newly Introduced:

· 090344 Maxwell/Campos–Apply for grant resolution for Cesar Chavez

· 090319 Avalos–5' height bonus for active ground floor NC-2/NC-3 along Randolph & Broad Streets from 19th to San Jose Avenue

· 090317 Maxwell–Hearing request on Bike Plan EIR

BOARD OF APPEALS

Although there was no meeting last night, the Board did send a letter to Director Rahaim acknowledging Tina Tam's contribution to the representation of the Department and how well she had done that, and congratulated her on her re-assignment to the Historic Preservation Officer. They are very impressed with her work and wanted the Department to know that and I think you should know that also.

HISTORIC PRESERVATION COMMISSION

They met yesterday and Acting President Chase presented a resolution acknowledging Mark Luellen., complementing him for his contributions to the Preservation Technical Specialist and Historic Preservation Officer under the Department and wishing him the best as he becomes the Northeast Team Leader. Commissioners Damkroger and Martinez asked for a report on 1268 Lombard Street, and specifically on the 2000 landmark designation. Ms. Sullivan made a presentation on Articles 10 & 11. There is a joint hearing with the Planning Commission on this issue on April 2nd. They also had before them the landmark designation of the Metro Theatre at 2055 Union Street. Because they only have four commissioners at this time, they must have unanimous votes to pass or deny items before them. On this issue the vote was 3 to 1 with Commissioner Damkroger dissenting for a motion to preserve the exterior and inside murals. The motion failed, but under the code as it is written now, it becomes a procedural approval without any specific recommendations.

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:

  • Tony Kelly – Potrero Boosters

Re: Last week I came before you speak about a specific project that I think should have been rejected by Planning staff before it got to you. Planning staff said that they were bound by the law and had to bring the matter before you and I was mistaken. I stand by my initial statement.

  • Jazzy Collins – South of Market Community Action Network

Re: Continue the Trinity Plaza project to 4/9/09 to allow the community impacted by this project more time to participate.

  1. REGULAR CALENDAR

12a. 2007.1230ECV (E. OROPEZA: (415) 558-6381)

49 Grace Street - north side between Mission and Howard Streets; Lot 027 in Assessor's Block 3509 - Request for Conditional Use Authorization pursuant to Planning Code Sections 816.13, 317 and 303, to demolish the existing two-story single-family dwelling and to construct a new 5-story mixed-use building consisting of 2-dwelling units over 2-commercial floors, all within the SLR (Service/ Light Industrial/Residential, Mixed Use) District, The Western SOMA Special Use District, and a 50-X Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

SPEAKERS:

Raveevam Choksombatchai - Project Sponsor, (+) Whitney Davis, (+) David Baker, (+) Miriam Rose, (+) Arthur Reis, ((+) name unclear), Jim Meko – Western SOMA Citizens Planning Task Force expressed concern that generally offices should not spread into the alleys (residential enclays) in the South of Market, (+) Henry Canowitz – Member of the Western SOMA Citizens Planning Task Force,

ACTION: Approved

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

NAYES: Sugaya

ABSENT: Olague

MOTION: 17842

12b. 2007.1230ECV (E. OROPEZA: (415) 558-6381)

49 Grace Street - north side between Mission and Howard Streets; Lot 027 in Assessor's Block 3509 - The application for rear yard, open space, exposure and off-street parking Variances pursuant to Planning Code Sections 134, 135, 140 and 151, will be considered by the Zoning Administrator, all within the SLR (Service/ Light Industrial/Residential, Mixed Use) District, The Western SOMA Special Use District, and a 50-X Height and Bulk District.

SPEAKERS: Same as those listed for item 12a.

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

13a. 2007.1250T (J. SWITZKY: (415) 575-6815)

Amendment to Planning Code Section 309.1- Resolution to approve an Ordinance to amend Section 309.1 of the Planning Code to allow the Commission to grant, as exceptions per Section 309.1, minor height measurement modifications that would otherwise be permitted under Section 304 for a qualifying Planned Unit Development for projects in Downtown Residential Districts.

Preliminary Recommendation: Approval

SPEAKERS:

Jaja Jackson – Emerald Fund Development Team, David Baker – Project Architect, Steve Vettel – Representing the Project Sponsor, Osborn Erickson – Emerald Fund Development Team, (+) Joel Koppel – San Francisco Electrical Industry, (-) Amber Dejong, (-) Sung Chun, (-) Gilberto Floresta, (-) Elizabeth Grieg, (+) Matt Regan – Bay Area Council, (+) Michael Theriault – San Francisco Building Trades, (+) Tim Colen – San Francisco Housing Action Coalition, (_) Manuel Flores – Local 22, (+) Dan Cope – Local 22, (+) Jose Medeiros, (+) David Krisferc, (+) Gilbert DeAndu, (+) Rachel Roll, [(+) letter from Tom Radulovich], [(+) letter from Michael Karasick], (+) Gary Sabatte, (+) John Jueinay, (+) Levon Nishkian, (+) Thomas Anderson, (+) Brian Bock, (+) Alex Makeyev, (+) Russ Ogdon, (+) Andrew Clark, (+) Kate Baker, (+) Scott Smith, (+) Gelareh Estahlani, (+) Ariel Sutro, (+) Gilbert Fleitas, (+) Bernadette Barnum, (+) Michael Situ, (+) William Wong, (+) James Orellana, (+) John Manning, (-) Katherine Neuman, (+) John O'Brian, (+) Jesus Villalobos, (+) Marc Facio, (+) William Miller, Sue Hestor stated she was neither in favor of nor in opposition to the proposed project, but expressed concerns, (-) Everett Jones

ACTION: Approved

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

ABSENT: Olague

RESOLUTION: 17843

13b. 2007.1250XV [CORECTED LANGUAGE] (B. FU: (415) 558-6613)

333 Harrison Street (a.k.a. 105 Harrison Street)- bounded by Harrison Street to the north, Beale Street to the east, the Bay Bridge West Approach to the south, and the Fremont Access Ramp to the west; Lot 009 in Assessor's Block 3766 - Request under Planning Code Sections 309.1, 825, and 827 for Determinations of Compliance, and exceptions to allow greater than one parking space for every two units, for dwelling unit exposure, and for a height measurement modification. The subject property is located within the RH DTR (Rincon Hill Downtown Residential Mixed Use) District with a 65-X Height and Bulk designation. The project proposal is to construct a new seven-story, 65-foot building consisting of up to 308 dwelling units over a below-grade parking structure for up to 204 spaces. The development proposal also requires Variances for unit mix and open space, to be heard and considered by the Zoning Administrator at the same hearing.

SPEAKERS: Same as those listed for item 13a.

ACTION: Approved as amended/modified:

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

ABSENT: Olague

RESOLUTION: 17844

13c. 2007.1250XV (B. FU: (415) 558-6613)

333 Harrison Street (a.k.a. 105 Harrison Street)- bounded by Harrison Street to the north, Beale Street to the east, the Bay Bridge West Approach to the south, and the Fremont Access Ramp to the west; Lot 009 in Assessor's Block 3766 - Variance Requests to: (1) allow reduction of the minimum percentage of two and three bedroom units per Planning Code Sections 207.6 and 827, and (2) allow reduction of the required open space per Planning Code Sections 135 and 827, for the proposed construction of a new seven-story, 65-foot building consisting of up to 308 dwelling units over a below-grade parking structure for up to 204 spaces within the RH DTR (Rincon Hill Downtown Residential Mixed Use) District with a 65-X Height and Bulk designation.

SPEAKERS: Same as those listed for item 13a.

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

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

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

SPEAKERS:

Sue Hestor: Requested a two-week notice and availability of case material for complicated cases like 430 Main Street.

Adjournment: 5:02 p.m.

Adopted: June 11, 2009

Last updated: 11/17/2009 10:00:38 PM