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October 23, 2008

October 23, 2008

SAN FRANCISCO

PLANNING COMMISSION

Meeting Minutes

Commission Chambers - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, October 23, 2008

1:30 PM

Regular Meeting

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

THE MEETING WAS CALLED TO ORDER BY PRESIDENT OLAGUE AT 1:41 P.M.

STAFF IN ATTENDANCE: John Rahaim – Director of Planning, Larry Badiner – Zoning Administrator, Cecilia Jaroslawsky, Elizabeth Watty, Edgar Oropeza, Abigail Keifer, AnMarie Rodgers, Tara Sullivan-Lenane, Amnon Ben-Pazi, Jim Miller, Viktoriya Wise, Rick Crawford, Sarah Jones, Jonas Ionin, Aaron Starr, Pilar LaValley, 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. 2008.0881D (S. PERDUE: (415) 558-6625)

2824 FILBERT STREET - north side between Lyon and Baker Streets; Lot 012 in Assessor's Block 0941 - Request for Discretionary Review of Building Permit Application No. 2007.1113.8015, proposing to alter the front façade, to modify a portion of the roof, and to construct a horizontal addition in the rear yard of the two-story, single-family residence within an RH-1 (Residential, House, Single-Family) District and a 40-X Height/Bulk District.

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

(Continued from Regular Meeting of October 2, 2008)

(Proposed for Continuance to November 13, 2008)

SPEAKER(S): None

ACTION: Continued as proposed

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

2. 2007.1147T (T. SULLIVAN-LENANE: (415) 558-6257)

Amendments to Articles 10 and 11 and adding a new Section 309.3 of the Planning Code- Ordinance introduced by Mayor Newsom amending Articles 10 and 11 and adding a new Section 309.3 of the Planning Code, contingent on voter approval in the November 4, 2008 general election of the proposed Charter amendment creating an Historic Preservation Commission, to provide additional criteria for Planning Commission review of Historic Preservation Commission decisions, to provide for Section 309 review at the discretion of the Planning Department Director of certain projects requiring Certificates of Appropriateness under Article 10 of the Planning Code, and to create a rebuttable presumption of compatibility for certain projects requiring Certificates of Appropriateness under Article 10 of the Planning Code; adopting findings, including environmental findings and findings required by Section 101.1 of the Planning Code.

Preliminary Recommendation: Pending

(Proposed for Continuance to November 6, 2008)

SPEAKER(S): None

ACTION: Continued as proposed

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

3a. 2007.1383EKVX (J. MILLER: (415) 558-6344)

474 NATOMA STREET - north side between Sixth and Mary Streets, a through-lot to Minna Street - Review under Planning Code Section 309 of new construction of a four- to nine-story, 85-foot-tall, all-affordable residential building containing approximately 55 ownership dwelling units and 14 off-street parking spaces, requiring the granting of exceptions for rear-yard area and building bulk, on Lot 101 in Assessor's Block 3725, in a C-3-S (Downtown Support Commercial) District and a 120-F Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

(Proposed for Continuance to November 13, 2008)

SPEAKER(S): None

ACTION: Continued as proposed

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

3b. 2007.1383EKVX (J. MILLER: (415) 558-6344)

474 NATOMA STREET - north side between Sixth and Mary Streets, a through-lot to Minna Street - Request for Variance of dwelling-unit-exposure standards (Planning Code Section 140) and usable open space standards (Planning Code Section 135) in conjunction with the construction of a new 55-unit residential building, on Lot 101 in Assessor's Block 3725, in a C-3-S (Downtown Support Commercial) District and a 120-F Height and Bulk District.

Preliminary Recommendation: Grant.

(Proposed for Continuance to November 13, 2008)

SPEAKER(S): None

ACTION: Continued as proposed

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

4. 2006.0070T (C. NIKITAS: (415) 558-6306)

Legislationto Control theLOSS 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 September 25, 2008)

(Proposed for continuance to November 20, 2008)

SPEAKER(S): None

ACTION: Continued as proposed

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

5. 2008.0739TZ: (L. Langlois: (415) 575-9083

India Basin Industrial Park - an area generally bounded by Cargo Way to the north, Jennings Street to the east, the southern property-lines of the parcels facing Galvez or Fairfax Streets on their south sides to the south, and Third Street to the west. Assessor's Block/Lots 5203/023, 025, 035, 037, 038, 040, 041, 043, 045, 055, 058, 060, 061; Block / Lots: 4579/019, 023, 024, 025, 026, 030, 031; Block/ Lots: 4602A/016; Block/ Lots: 5235/012, 015; Block/ Lots: 5236,/017, 018; Block/ Lots: 5237/012, 013, 014, 015, 015A, 033, 034, 035, 036, 037, 038, 039; Block/ Lots: 5239/024, 025; Block/ Lots: 5240/041, 042, 043; Block/ Lots: 5241/005, 006, 007, 009, 010, 012, 013, 017, 018; Block/ Lots: 5242/001, 002, 007, 031; Block/ Lots: 5253/001, 036; Block/ Lots: 5254/ 020, 021, 030, 032, 036, 037. Proposal to establish interim policies for the India Basin Industrial Park. The India Basin Industrial Park Redevelopment Area will expire January 20, 2009. In anticipation of this expiration, interim policies are being proposed that would bridge the sun setting of land use controls under the Redevelopment Plan to the establishment of permanent controls under the Planning Code. These anticipated new controls would maintain the existing industrial uses and nonresidential activities, provide for future employment opportunities, and help to prevent future land use conflicts. Blocks 4570, 5203, and 5236 are within M-2 (Heavy Industrial) Use Districts. Blocks 5237, 5239, and 5240 and within M-1 (Light Industrial) Use Districts. The portions of blocks 4602A, and 5254 that are within the subject area are within M-1 (Light Industrial) Use Districts. Block 5235 are partially within an M-2 Use District and an M-1 Use District. The entire subject area is within a 65-J Height and Bulk District and within the India Basin Industrial Park Redevelopment Area.

Preliminary Recommendation: Approval

(Proposed for Indefinite Continuance)

SPEAKER(S): None

ACTION: Continued as proposed

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

6a. 2007.0670CV (C. JAROSLAWSKY: (415) 558-6348)

701 PORTOLA AVENUE - south side of Portola Drive, on the southeast corner of the intersection with Fowler Avenue, Block 2901C, Lot 001 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 121 and 703, to allow development on a lot greater than 5,000 square feet, a use size greater than 3,000 square feet and a formula retail use. The proposal is to demolish an existing automobile service station and construct a new 10,000 square foot Walgreens, relocating from 689 Portola Drive. The property is located within the NC-1 (Neighborhood Commercial, Cluster) District with 26-X height and bulk and within the Miraloma Heights area of San Francisco.

Preliminary Recommendation: Approval with Conditions.

SPEAKER(S): None

ACTION: Approved

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

MOTION: 17724

6b. 2007.0670CV (C. JAROSLAWSKY: (415) 558-6348)

701 PORTOLA DRIVE - south side of Portola Drive, on the southeast corner of the intersection with Fowler Avenue, Block 2901C, Lot 001- Request for Variance to allow an exception from retail parking provisions pursuant to Planning Code Section 151 to allow the new construction of a retail building without required parking spaces and Planning Code Section 134 to allow a reduced rear yard. The property is located within the NC-1 (Neighborhood Commercial, Cluster) District with 26-X height and bulk and within the Miraloma Heights area of San Francisco.

SPEAKERS: None

ACTION: The Zoning Administrator closed the public hearing and granted the requested variance.

7. 2008.0179C (C. JAROSLAWSKY: (415) 558-6348)

4222 18th Street - north side of 18th Street, between Collingwood and Diamond Streets, Block 2648, Lot 017 - Request for Conditional Use Authorization, pursuant to Planning Code Section 161(j) to convert the existing, on-site garage area of a two-unit, mixed-use building to a commercial/retail space. The property is within the Castro Street Neighborhood Commercial District and a 40-X height and bulk District.

Preliminary Recommendation: Approval with Conditions.

SPEAKER(S): None

ACTION: Approved

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

MOTION: 17719

8. 2008.0956C (C. JAROSLAWSKY: (415) 558-6348)

4128 24th STREET - the north side of 24th Street, between Diamond and Castro Streets, Block 2831, Lot 009 - Request for Conditional Use Authorization, pursuant to Planning Code Section 728 to convert the existing, ground floor office space to a full-service restaurant, totaling approximately 350 square feet (dba  Noe Soup:). The full service restaurant would employ two persons and operate from 11:00 a.m. to 7:00 p.m. six days a week. The property is within the 24th Street -- Noe Valley Neighborhood Commercial and a 40-X height and bulk District.

Preliminary Recommendation: Approval with Conditions.

SPEAKER(S): None

ACTION: Approved

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

MOTION: 17720

9. 2008.0686C (E. Watty: (415) 558-6620)

3931-3933 - 24TH STREET – south side between Sanchez and Noe Streets; Lot 035 in Assessor's Block 6508 - Request for Conditional Use Authorization, pursuant to Planning Code Section 303, 161(j), 728.52, and 790.116, to allow the construction of one new dwelling-unit with no off-street parking, and to allow a personal service on the second floor in the 24th Street – Noe Valley Neighborhood Commercial District and 40-X Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

SPEAKER(S): None

ACTION: Approved

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

MOTION: 17721

10. 2008.1033C (E. OROPEZA: (415) 558-6381)

59 30TH STREET (Aka 801 San Jose Avenue) - on the southeast corner of San Jose Avenue and 30th Street and; Lot 044 in Assessor's Block 6660 – Request for Conditional Use Authorization pursuant to Planning Code Section 303, to amend a Condition of Approval placed upon the property per Planning Commission Motion No. 16968, all within the RH-2 (Residential House, Two-Family) District, The Mission Street Fast-food Subdistrict and a 40-X height and Bulk District. The existing restaurant, dba "Stefanos Restaurant," proposes the addition of a Type 41, Beer and Wine License to the subject property.

Preliminary Recommendation: Approval with conditions.

SPEAKER(S): None

ACTION: Approved

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

MOTION: 17722

11. 2008.0426C (E. OROPEZA: (415) 558-6381)

3166-3170 23rd Street - between Shotwell Street and South Van Ness Avenue; Lot 022 in Assessor's Block 3638 - Request for Conditional Use Authorization to allow the continuation of the nonconforming uses located at 3166-3170 23RD Street pursuant to Planning Code Section 185(e), all within the RH-3 (Residential House, Three-Family) District and a 40-X height and Bulk District. The project proposes the offices of "Dawson and Clinton" and an art gallery within the subject building.

Preliminary Recommendation: Approval with conditions

SPEAKER(S): None

ACTION: Approved

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

MOTION: 17723

C. COMMISSIONERS' QUESTIONS AND MATTERS

12. 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.

None

D. DIRECTOR'S REPORT

13. Director's Announcements

None

14. Review of Past Week's Events at the Board of Supervisors and Board of Appeals

None

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: Calvin Welch

F.1. REGULAR CALENDAR

15. (A. KEIFER: (415) 575-9065)

UPPER MARKET COMMUNITY VISION AND RECOMMENDATIONS (FURTHER IMPLEMENTATION OF THE MARKET & OCTAVIA AREA PLAN FUNDAMENTAL DESIGN PRINCIPLES) - The San Francisco Planning Department has published two documents for the Upper Market Corridor, they are the  Upper Market Community Vision and Recommendations and the  Upper Market Development Design Guidelines. . The plan area generally includes properties fronting Market Street between Octavia Boulevard on the east and Castro Street on the west.

Prior to initiating community workshops, the Department and its consultant team explored existing conditions in the neighborhood. The Department conducted outreach meetings with representatives of the Castro and nearby neighborhood organizations. The Department held three community workshops. The themes of the workshops focused on: 1.) Community Vision (September 2007); 2.) Community Design Framework (October 2007); and 3.) Design Strategies (December 2007). The outcome of the workshops are two documents that contains a program for public realm improvements and design guidelines for private development that incorporate the identity, character, economic and social composition of the Upper Market area and its surrounding neighborhoods.

The documents respond to physical, social, and economic conditions in the Project area, and establish a plan for public and private improvements in the Project Area. The Upper Market Community Vision and Recommendations document identifies existing physical, infrastructure and economic conditions in the Upper Market neighborhood, considers historical context and identifies key neighborhood assets, challenges and opportunities to revitalize the neighborhood. It includes an Urban Design Framework section that: describes planning strategies that may be used to guide urban design improvements along the upper Market Street corridor. The Upper Market Community Vision and Recommendations document also proposes improvements to the public realm, including public spaces, sidewalks, and plazas.

The Upper Market Development Design Guidelines incorporates principles that may be used to guide design character for new buildings, and provides an overview of the steps that may be taken to achieve neighborhood improvements.

These two documents:

  1. Identifies the community's five highest priority public infrastructure improvement projects,
  2. Actions that neighborhood residents, business owners and community organizations may take to support improvements, and
  3. The Upper Market Development Design Guidelines outlines design guidelines that may be used by both developers and city planners
  4. The Upper Market Community Vision and Recommendations also identifies potential funding sources for street and sidewalk improvements. "

Preliminary Recommendation: Acknowledgement of the Upper Market Community Vision and Recommendations and Endorsement of the Upper Market Development Design Guidelines."

SPEAKER(S): Natalie Mattei

ACTION: Approved staff recommendation to acknowledge the Upper Market Community Vision and Recommendations and Endorsed of the Upper Market Development Design Guidelines

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

MOTION: 17727

16. 2008.1047T (A. RODGERS: (415) 558-6395)

Requirement of Conditional Use authorization for any permit application to remove dwelling units. Board File No. 081088. This Ordinance introduced by Supervisor McGoldrick would amend Ordinance amending the Planning Code by amending Section 317 to require Conditional Use authorization for any elimination of existing dwelling units through mergers, conversions, or demolitions of residential units; making environmental findings; and findings of consistency with the City's General Plan and Planning Code Section 101.1.

Preliminary Recommendation: Disapproval.

SPEAKER(S): Supervisor McGoldrick

ACTION: Disapproved

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

NAYES: Olague

MOTION: 17725

17. 2008.1103T (T. SULLIVAN-LENANE: (415) 558-6257)

Amendments to Planning Code Section 209.9: Conditional Use Requirement for Formula Retail Uses in RC-3 & RC-4 Zoning Districts [Board File No. 08-08-1232]- Ordinance introduced by Supervisor McGoldrick amending San Francisco Planning Code Section 209.9 to require a Conditional Use Authorization for all formula retail uses in the Residential-Commercial RC-3 & RC-4 Zoning Districts; 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

SPEAKER(S): Supervisor McGoldrick's representative, Andrew Smith

ACTION: following hearing, the commission continued this item to 11/06/08; the public hearing remains open.

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

18. 2008.1057T (T. SULLIVAN-LENANE: (415) 558-6257)

AMENDMENTS TO PLANNING CODE SECTION 226 TO REQUIRE THAT STEAM OR FOSSIL-FUEL POWER PLANTS IN M-1 AND M-2 ZONING DISTRICTS OBTAIN A CONDITIONAL USE AUTHORIZATION [Board File No. 08-0696 - Ordinance introduced by Supervisor Maxwell that would amend Planning Code Section 226 to require that steam or fossil-fuel power plans in M-1 and M-2 zoning districts obtain conditional use authorization; adding Section 226.1 requiring additional findings; amending the Administrative Code to add Chapter 29A to require the Board of Supervisors consider the criteria of the Planning Code Section 226.1(c) prior to taking City fossil fuel power plan approval actions; making findings of consistency with the General Plan and the Priority Policies of Planning Code Section 101.1.

Preliminary Recommendation: Approval with Modifications.

(Continued from the Regular Meeting of October 16, 2008)

SPEAKER(S): Michael Yarnie, Joshua Arce, Espanola Jackson

ACTION: Approved as modified

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

RESOLTION: 17726

19. 2008.1096T (T. SULLIVAN-LENANE: (415) 558-6257)

Amendments to Planning Code Section 803.6: Prohibition of Formula Retail Uses in Chinatown Mixed Use Districts [Board File No. 08-1234] - Ordinance introduced by Supervisor Peskin amending San Francisco Planning Code Section 803.6 to prohibit formula retail uses in the Chinatown Mixed Use Districts (Sections 810.1, 811.1, and 812.1) and amending Section 803.2 to refer to this prohibition; 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

SPEAKER(S): David Chu, Claudine Chen, Cindy Wu, David Huang, Kim Hon Kwong, Don Baker, Hakim Haidarian, P.Q. Chin,

ACTION: Approved with staff modifications

AYES: Miguel, Antonini, Borden, Lee and Sugaya

NAYES: Olague and Moore

MOTION: 17733

20. 2008.0987D (a. ben-pazi: (415) 575-9077)

652 KEARNY STREET - east side between Clay and Commercial Streets, Lot 036 in Assessor's Block 0227 - Staff-Initiated Discretionary Review of Building Permit Application No. 2008.03.05.6385, proposing a 7-Eleven store in the ground floor of an existing two-story commercial building in the Chinatown Community Business District and a 50-N Height and Bulk District.

Preliminary Recommendation: Take DR and disapprove the project

(Continued from Regular Meeting of September 25, 2008)

SPEAKER(S): Rose Pak, David P. Cincotta, Andrew Vinogradsky, David Chu, Claudine Chen, Cindy Wu, David Huang, Kim Hon Kwong, Don Baker, Hakim Haidarian, P.Q. Chin.

ACTION: The commission took discretionary review and disapproved the project

AYES: Olague, Miguel, Borden, Moore and Sugaya

NAYES: Antonini and Lee

DRA#: 0028

21. 2007.1481C (M. SMITH: (415) 558-6322)

4035-4037 18TH STREET - south side of 18th Street, between Noe and Hartford Streets, Lot 082 in Assessor's Block 3583 - Request for Conditional Use Authorization pursuant to Planning Code Section 161(j) to allow two dwelling units on the property without off-street parking in a Neighborhood Commercial District. The proposal is to remove the one existing off-street parking space and add a dwelling unit by constructing a vertical and rear horizontal addition on a mixed-use building. The resulting building would have three stories of occupancy, full lot coverage at the ground floor, two dwelling units, one ground floor commercial space, and no off-street parking. The property is located within the Castro NCD (Neighborhood Commercial District) and a 40-X Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

(Continued from Regular Meeting of October 2, 2008)

SPEAKER(S): None

ACTION: Approved

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

ABSENT: Lee

MOTION: 17729

NOTE: Items 22 & 23 were called and heard together

22. 2005.1018EKVX (J. MILLER: (415) 558-6344)

570 JESSIE STREET - north side, cul-de-sac end west of Sixth Street - Review under Planning Code Section 309 of new construction of an eight story 75-foot-tall, residential building containing approximately 47 dwelling units, 23 off-street parking spaces and three car-share spaces, requiring the granting of exceptions for rear-yard area and off-street parking, on Lot 086 in Assessor's Block 3703, in a C-3-G Downtown General Commercial) District and a 120-F Height and Bulk District.

Preliminary Recommendation: Approval with conditions.

SPEAKER(S): None

ACTION: Approved

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

ABSENT: Lee

MOTION: 17730

23. 2005.1018EKVX (J. MILLER: (415) 558-6344)

570 JESSIE STREET - north side, cul-de-sac end west of Sixth Street - Request for Variance of projections over streets and alleys (Planning Code Section 136(c)) and dwelling-unit exposure (Planning Code Section 140) in conjunction with the construction of a new 47-unit residential building, on Lot 086 in Assessor's Block 3703, in a C-3-G (Downtown General Commercial) District and a 120-F Height and Bulk District.

Preliminary Recommendation: Grant.

SPEAKER(S): None

ACTION: Acting Zoning Administrator Rahaim closed the public hearing and granted the variance request

G.1. PUBLIC COMMENT ON AN AGENDA ITEM WHERE THE PUBLIC HEARING HAS BEEN CLOSED

At this time, members of the public who wish to address the Commission on agenda items that have already been reviewed in a public hearing at which members of the public were allowed to testify and the public hearing has been closed, must do so at this time. Each member of the public may address the Commission for up to three minutes.

SPEAKERS: None

H.1 CONSIDERATION OF FINDINGS AND FINAL ACTION – PUBLIC HEARING CLOSED

24. 2007.0206E (V. WISE: (415) 575-9049)

1 La Avanzada Street/Sutro Tower Digital TelevisionProject - CERTIFICATION OF FINAL ENVIRONMENTAL IMPACT REPORT (EIR). The proposed project would involve conversion of the television antennas on Sutro Tower from the current combination of analog and digital to an all-digital system. Project components would include: 1) replacement of nine existing analog main antennas at the top of Sutro Tower with no more than five digital main antennas; 2) structural upgrades to the tower to enable the tower to meet Building Code wind resistance requirements for an  essential facility and to accommodate the placement of new digital television equipment on the tower; 3) removal of four digital main television antennas; 4) removal of nine analog auxiliary television antennas and installation of three digital auxiliary antennas; 5) alteration, replacement, or addition of small ancillary and accessory antennas and equipment associated with the operation of Sutro Tower broadcasters; and 6) addition of auxiliary equipment, and electrical, elevator, and public safety improvements associated with the proposed project. The project would result in an overall net reduction of approximately 14 television antennas, from 22 to 8 antennas. There would be no expansion of the tower itself or the ancillary buildings at the base of the tower. The project site is located at Assessor's Block 2724 Lot 003, in an RH-1(D) zoning district and a 40-X Height and Bulk district.

Preliminary Recommendation: Certify the Final Environmental Impact Report

Note: The public review period for the Draft Environmental Impact Report ended at 5:00 pm, July 1, 2008. The Planning Commission does not conduct public review of Final EIRs. Public comments on the certification may be presented to the Planning Commission during the Public Comment portion of the Commission calendar.

SPEAKER(S): None

ACTION: Approved certification of final Environmental Impact Report

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

ABSENT: Lee

MOTION: 17731

F.2. REGULAR CALENDAR

25. 2007.0206D (R. CRAWFORD: (415) 558-6358)

Sutro Tower, 1 Avanzada Street aka 250 Palo Alto Drive) - Assessor's Block 2724 Lot 003 - Mandatory Discretionary Review of Building Permit Application No. 2007 1220 0972 to replace the existing analog television antennas on Sutro Tower with digital television antennas and add 14 new panel antennas for wireless data services. The total number of television antennas at Sutro Tower would be reduced from 22 to 8 at the SUTRO TOWER Broadcast facility. This project lies within the RH-1, Residential House, One Family District and within a 40-X Height and Bulk District.

Preliminary Recommendation: Take Discretionary Review and Approve with Conditions.

SPEAKER(S): Debra Stein, Representing Sutro Tower, Inc.

ACTION: The commission took discretionary review and approved with modified conditions and findings

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

ABSENT: Lee

DRA#: 0029

G.2. PUBLIC COMMENT ON AN AGENDA ITEM WHERE THE PUBLIC HEARING HAS BEEN CLOSED

At this time, members of the public who wish to address the Commission on agenda items that have already been reviewed in a public hearing at which members of the public were allowed to testify and the public hearing has been closed, must do so at this time. Each member of the public may address the Commission for up to three minutes.

SPEAKERS: Tes Welborn, Susan Latham

H.2. CONSIDERATION OF FINDINGS AND FINAL ACTION – PUBLIC HEARING CLOSED

26. 2006.0460E (S. Jones: (415) 575-9034)

690 Stanyan Street - Certification of Final Environmental Impact Report. The proposed project would include: (1) demolition of the existing 24-foot-high, 23,600-sq.ft. retail building and removal of the existing 42-space parking lot; and (2) construction of a four-story, 115,400-sq.ft. building with a 34,400-sq.ft. ground-floor Whole Foods grocery store and 62 residential units, and a 3-level, 176-space subterranean garage. The 0.8-acre project site (Assessor's Block 1228/Lots 005-006) is on the northeast corner of the intersection of Haight and Stanyan Streets in the Haight Ashbury neighborhood. The site is in the Haight Street Neighborhood Commercial zoning district (Haight NCD) and divided between the 40-X and 50-X height and bulk districts. The proposed project would require a Conditional Use Authorization for a Planned Unit Development (PUD) addressing height, unit exposure, open space, rear yard, parking, building on a parcel larger than 5,000 sq.ft., and a commercial use larger than 2,500 sq.ft. Preliminary Recommendation: Certify the Final Environmental Impact Report.

Note: The public review period for the Draft Environmental Impact Report ended at 5:00 pm, March 10, 2008. The Planning Commission does not conduct public review of Final EIRs. Public comments on the certification may be presented to the Planning Commission during the Public Comment portion of the Commission calendar.

SPEAKER(S): Joey Cain, Holly Edson, P. Ra, Andy Thornley, Penny Duan, Sally Scully, Joe Goldmark, Carmelita Castro, Jim Williamson, Joe O'Donoghue, Isabel Wade, Jon Chernoff,, Ted Ridgeway, Matt Boas

ACTION: Approved certification of final Environmental Impact Report

AYES: Miguel, Antonini, Borden, Moore and Sugaya

ABSENT: Lee and Olague

MOTION: 17732

F.3. REGULAR CALENDAR

27. 2006.0460EC (J. IONIN: (415) 558-6309)

690 STANYAN STREET - northeast corner at Haight Street, Assessor's Block 1228, Lots 005 and 006 - Consideration of Adoption of CEQA Findings and Request for Conditional Use Authorization for a Planned Unit Development under Planning Code Sections 303 and 304 is required for the demolition of a vacant 24-foot-high, 23,600 square foot retail building (formerly occupied by Cala Foods grocery) and removal ofthe existing 42-space surface parking lot; and construction of a four-story, approximately 115,400 square foot building with an approximately 34,400 square foot Whole Foods grocery store on the ground-floor with 62 residential units above, and a three-level, 176-space subterranean garage. The project lies within the Haight Street Neighborhood Commercial District, the Haight Alcoholic Beverage Special Use Subdistrict, and within a 40-X and a 50-X Height and Bulk District.

Preliminary Recommendation: Approval with Conditions and Modifications

SPEAKER(S): Joey Caim, David Tudor, Erin Pashelin Sky, Larry SchillerOwen O'Donnell, Marianne Hesse, Kevin Bayak, Joerte Murray, Margaurite Nanak, Doug Hall, Nicolas Belland, Creston Cresweld, Frank Stauf, Richard Ivanhoe, Jim Rhoads, Tes Welborn, Bruce Allison, Phillip Lesser, Joan Downey, Christine Hall, Greg Gaar, Karen Crommie, David Crommie, Carol Glosenger, Derek Haynes, Cathy Kosley, Steve Gwozdz, Ellen Ochoa, Alexis Woods, Matt Bens, David Nevins, Inge, Nevins, Ted Ridgeway, Joe O'Donoghue, Charles Breidinger, Nicholas Leahy, Monica Loos, Jennifer Orser, Karen Rose, Cameron Shaw, Jim Williamson, Leah Harper, Neil Munderloh, Joe Cassidy, Deborah Chiaruca, Glen Moon, Alex Fisher, Mathew Brennan, Erwin O'Toole, Young J. Shin, Matt Holmes, Megan Straham, Elizabeth Smith, Susan Strolis, Oliver Gratry, David Tudor, Julie McSweeney, Mary Ann Wolcott, Young Shin, David O'Keeffe, Victor Milenski, Adele Framer, Kathy Munderloh, Charles Chuck Canepa, Erin Pashelinsky, Lorraine Bader, Mike Gerrity, Ted Lowenberg, Lena Emmery, Joan McCormick, Amy John Headley, Martha Campbell, Roberts, Martha Hoffman, Flip Sarrow,

ACTION: Approved with modified conditions

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

ABSENT: Lee

MOTION: 17733

28. 2007.1380D (A. STARR: (415) 558-6362)

3512 CLAY STREET - north side between Locust and Laurel Streets, Lot 005 in Assessor's Block 0995 - Staff-Initiated Discretionary Review of Building Permit Application No. 2007.05.24.2211 proposing to add a basement garage by removing a portion of the rounded bay on the left side of the front façade and excavating an area of the front setback of the existing three-story, single-family residence in an RH-1 (Residential, House, Single-Family) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Take Discretionary Review and Deny the Project.

(Continued from Regular Meeting of October 2, 2008)

SPEAKER(S): Jeremy Paul, Representing Project Sponsor, Nel Halloway, Property Owner

ACTION: The commission took discretionary review and disapproved the project

AYES: Olague, Miguel, Borden, and Moore

NAYES: Antonini

EXCUSED: Sugaya

ABSENT: Lee

DRA#: 0030

29. 2008.0982D (A. Starr: 415-558-6362)

2967 PINE STREET - south side between Lyon and Baker Streets; Lot 030 in Assessor's Block 1047- Request for Discretionary Review of Building Permit Application No. 2008.04.11.9498 proposing to add vertical and horizontal additions to this two-story single-family building in an RH-2 (Residential, House, 2-Family) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Do not take Discretionary Review and approve

(Continued from Regular Meeting of October 2, 2008)

SPEAKER(S): None

ACTION: Without hearing, continued to 12/04/08

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

ABSENT: Lee

30a. 2007.0676D (E. Watty: (415) 558-6620)

270 GRANADA AVENUE - east side between Ocean and Holloway Avenues, Lot 046 in Assessor's Block 6942 - Mandatory Discretionary Review pursuant to Planning Code Section 317, of Building Permit Application No. 2007.04.24.9480, proposing the demolition of a one-story, single-family dwelling, located in a RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.

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

(Continued from Regular Meeting of October 2, 2008)

SPEAKER(S): None

ACTION: The commission did not take discretionary review and approved the demolition

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

ABSENT: Lee

DRA#: 0031

30b. 2008.0752D (E. Watty: (415) 558-6620)

270 GRANADA AVENUE - east side between Ocean and Holloway Avenues, Lot 046 in Assessor's Block 6942 - Mandatory Discretionary Review pursuant to Planning Code Section 317, of Building Permit Application No. 2007.04.24.9487, proposing the construction of a new three-story, two-family dwelling, located in a RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.

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

(Continued from Regular Meeting of October 2, 2008)

SPEAKER(S): Same as those listed for item 30a

ACTION: The commission took discretionary review and approved the project as modified to remove the corridor on the north side

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

ABSENT: Lee

DRA#: 0032

31a. 2007.0684DV (P. LaVALLEY: (415) 575-9084)

260 ripley street - south side between Alabama Street and Peralta Avenue; Lot 053 in Assessor's Block 5550 - Request for Discretionary Review of Building Permit Application No. 2007.07.09.6311, proposing to construct a two-story over basement horizontal addition at the rear, two-story over basement addition at front, and extend existing dormers of a two-story over basement, single-family dwelling within an RH-2 (Residential, House, Two-Family) District, 40-X Height and Bulk District, and within the Bernal Heights Special Use District.

Preliminary Recommendation: Do not take Discretionary Review and approve project as modified

(Continued from Regular Meeting of October 2, 2008)

SPEAKER(S): None

ACTION: Without hearing, continued to 12/04/08

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

ABSENT: Lee

31b. 2007.0684DV (P. LAVALLEY: (415) 558-9084)

260 RIPLEY STREET - south side between Alabama Street and Peralta Avenue; Lot 053 in Assessor's Block 5550 - Request for Variance pursuant to Section 242 of the Planning Code from off-street parking to construct a two-story over basement horizontal addition at the rear, two-story over basement addition at front, and extend existing dormers of a two-story over basement, single-family dwelling within an RH-2 (Residential, House, Two-Family) District, 40-X Height and Bulk District, and within the Bernal Heights Special Use District.

(Continued from Regular Meeting of October 2, 2008)

SPEAKER(S): None

ACTION: Without hearing, continued to 12/04/08

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

ABSENT: Lee

I. 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 and Pat Buscovich

Adjournment: 11:26 p.m.

Adopted: August 13, 2009

Last updated: 11/17/2009 10:00:32 PM