>> good afternoon, this is the regular meeting of the san francisco planning commission for thursday august 12, 2010, prior to roll, if i can just remind all of you to turn off any electronic devices that may sound off during the proceedings. when speaking we ask you speak directly into the microphone approximately 3-6 inches away and state and spell your last name for the record. roll call -- [ roll call ] linda avery: commissioner oh log gee is here. item one is case 2006.0848 he,

for 23-34 doll lores are street, for continuance to september 2, 2010, item 212010.01 p 2d for 1027 hayes street, proposed for continuance to september 2nd, 2010, and commissioners, the first item, item number 7, 2001-.0054 u, personal wireless permit ordinance, this item is being proposed for continuance, to september 2nd, further on the calendar, item 9, case number, 2009.046d, i have been informed that the dr on this item has been withdrawn and this mat are is no longer before you for consideration, with that i

am not aware of any other item on calendar proposed for continuance. president miguel: any public comment? if not it's closed, commissioner borden? commissioner borden: i move to continue the items to september 2nd. >> second. linda avery: thank you, commissioners, on the motion for continuance of items 1 and 2 as proposed on calendar and item 7 -- [ roll call ] linda avery: thank you commissioners those items are continued as announced. item 3 is commissioners questions and matters. president miguel: commissioner lee?

commissioner lee: today is my last meeting as a planning commissioner. i have been on the planning commission for three times, under frank jordan, willie brown and gavin newsome. and i wanted to thank all three mayors for appointing me, but more importantly, i also want to say that i felt the last eight years that i'm going to leave the commission better off than it was when i first started. many of you may remember, at that time we had charter reform where we had four appointed by the mayor and three appointed by the board. and many felt that we would have a lot of confrontation between the commissioners. i am pleased to say that we have worked very well together. all the commissioners, especially the present commissioners. one of the major goals that we have been able to look into the future for san francisco is the

approval of about 23,000 housing units in the last eight years. aside from that, one of the things we have don very well is hire a visionary director in john rahaim. i was on the selection committee, mike and i are the only ones left, and we were looking for someone to bring integrity -- you were there, too? ok. to bring integrity back to the planning commission and have someone that can deal with the staff, protect the staff, but also work with the mayor and the board of supervisors. i think we have done that. i want to thank john rahaim, first, for staying. you don't have to stay and hopefully the commissioners appreciate you like i appreciate you. finally, i want to thank the city attorney's office who has given us legal support, very good, either opened or closed section. and then finally, people don't realize that linda avery has

been very good to me, very good to the commission and has actually geared us, sometimes we get out of line, to bring us back and focus on what really matters. with that, in my last meeting, i want to thank my fellow commissioners. i have had a good time, even though vice president olague is not here for me to ring her neck, so thank all of you, and especially the public. [applause] president miguel: commissioner antonini? commissioner antonini: and i will way in on my sorrow in bill no longer being with us on the commission. his presence has, in fact, left san francisco a better place during the eight years he was here. and he plight, since this is his last time. i will just make a clarification

from last week, that bill will appreciate although i can't speak for him. we had a discussion that was misrepresented about subsidies on san francisco housing. actually i was talking about the percentage of san francisco housing that was under some kind of control. and to the extent these controls may be necessary and valid, have an effect on the vacancies that we have in and in our housing supply, they need to be analyzed on the housing study we do, and also the configuration of the interiors of many of our 19th century and early 20th century housing in san francisco. we have to have incentives to adopt these to the 21st century. and that was just to clarify some remarks from last week, but

thank you, bill. commissioner lee: thank you. president miguel: i would also like to thank bill for his time on the commission. i have had over the years the opportunity to be not only sitting here with him the past few years, but also having appeared at the podium in front of him many, many times, which is where i first came into contact with him, his dedication to the commission, to the city, and all the things he has don over the years for san francisco. it's greatly appreciated. not just bike this commission, but by many, many others. and weeing miss you, sir. commissioner sugaya? commissioner sugaya: yes, i would like to thank mr. lee, some of us who are more or less regulars here probably noticed we chitchat on occasions between

items or during items, and i can't reveal the content of those discussions, because it might affect some of you. but, anyway, i will miss that and wish him well. president miguel: commissioner moore? commissioner moore: commissioner lee has definitely kept us on our toes. he also has a great sense of humor and while that has not always been displayed in front of everybody, he has had us chuckle quite a bit. so thank you bill, it has been a very good time. president miguel: commissioner borden. commissioner borden: the same to you commissioner lee as the youngest person on the commission here, i haven't had nearly as many jobs in city government and commissions that you have had, but it never ceases to amaze us how many different roles you have played in city government over the years. i want to be thank you for your

service and hope i see everyone in september. commissioner lee: just one request for the commissioners, we have a good planning staff, and if you have a question, call the staff and with regards to starting on time and getting back, i support commissioner sugaya that when we take breaks, we adhere, and he and i agree, when we start on time, just take a five-minute break, thank you. president miguel: commissioner borden. commissioner borden: i know this is directed at me and vice president olague. we actually make sure people get adequate breaks, you's entitles to a 15-minute break and we just make sure we have accumulated breaks according to labor law. linda avery: thank you. and although i rarely say

anything during these kinds of times, i just do want to express my appreciation for working with you, bill, for all these many years. commissioner lee: thank you, bill. and the city attorney? >> i would like to speak for myself and my colleagues, and thank you for your years of service. you have always been very wonderful to work with, and have always posed very interesting questions for our office, so on behalf of all of us, i can say we very much enjoyed working with you and thank you and good luck. commissioner lee: thank you. linda avery: ok. thank you. commissioners, if we can move forward on the calendar, to director's report, announcements and review of past week's events at the board of supervisors, board of appeals and i will announce that the historic preservation did not meet this

week. >> thank you and i want to add thanks to commissioner lee, and thank you for your service to the department and the commission and i especially want to say thank you for your support to me being a newcomer to the city two and a half years ago and how much you have helped me make the transition to a wacky city and it's been a huge help to me, so i appreciate that. the other announcement that i have for the commission, we are going to be reconvening the advisory group on the department's action plan and those in the improvement plan that we put out two years ago now. that group has met several times but not in recent months, and we have a more detailed worked out proposal that we would like to share with that committee in the coming weeks on how we are going to revise the project review process in the department, including design review. so that meeting is tentatively

scheduled for august 31st, we are polling grunt to see if they can make it, if it causes a problem, since it is vacation season, but it's scheduled for august 31st at 4:00, if that changes, i will let the commission know. subsequent to that meeting we will also be having a larger public meeting to talk about the proposed changes we are making to the process as well. >> good afternoon. a weekly report on activities of the board of supervisors. this week at the land use committee they heard part of the development stimulus part two package. commissioners, you heard a couple of resolutions under that title on july 22. the first resolution that you heard at that time would establish an area plan,

infrastructure, finance committee to study these finance streaks and to supervise the formation of one. the other resolution that you considered would authorize the establishment of a similar but different community facility's history. at that july 22 hearing you recommended approval of both with some modifications in consideration. this week the land use committee heard just one of the items, the maxwell resolution that would establish the committee for the i.f.d.'s and would supervise. on this item this commission recommended that the board seek additional funding to extend the pilot program beyond the hill area and, number two, that the committee studdy the long-term effect on the general fund of this sort of earmarking monies for i.f.d.'s in certain areas this week supervisor maxwell did add language stating that the committee should analyze the potential impacts on the general fund. with that and some others, the committee recommended approval

to the full board. at the full board on tuesday, they heard the castro street and c.d. ordinance which would require conditional use authorization for restaurants and small service restaurants. it would also designate specialty food establishments as permitted and would delete an unusual provision that allows fast food establishment on one parcel in the castro. commissioners, you heard that item on june 17 and unanimously recommended approval. this week the board also unanimously passed it on first reading. also this week there were six new pieces of planning and land use legislation that were introduced. i'd like to share with you. the first two were from supervisor aliota. an interim control that would have authorization for other entertainment uses. that was an interim control. she also introduced the same control as a permanent control in an ordinance and as in all

ordinances we will be bringing that before you. there was an ordinance that would eye mend the inclusionary of affordable housing program to exempt certain qualified student housing projects from these requirements in certain circumstances. supervisors introduced an ordinance that would amend the administrative code to require that a city agency or private developer that receives city funds for development projects should prepare a feasibility study looking at providing an onsite child care center. in certain instances. so that is the administrative code amendment but it's one you may be interested. if i hear from the commission that you would like to hear that one, we will schedule that for a hearing before you. there was also an orderness that that would amend -- ordinance that would amend the administrative code.

it would be prepared by city department. and there are exemptions for the commission meetings but it might have some implications on the public documents that we produce such as draft plans, etc. so, that's something if you'd like to hear it we can bring it before you but it's not a planning code amendment. so otherwise, unless you say, we will not bring that before you. there was a planning code amendment concerning the south of market special use district. this would require that projects containing five or more units be subject to t.r.c. affordable housing requirements as established in the eastern neighborhoods plan. so that concludes the board report. if there's no questions i have a couple of communications for the zoning administrator or we can talk about the board questions now. president miguel: i would like to at least hear the details on the -- who had code -- little

pieces of legislation. >> both of them. president miguel: i think they both affect planning. commissioner antonini: same thing. i believe that was electronic documents was administrative code but i think that that's important if we hear that, too, as to its practicality. >> ok. and then the zoning administrator did want to relay a couple of pieces of information to you. the first concerns a demolition determination that was included in your pacts last week. and the second pertains to the board of appeals summary for this week. it has been the practice of the department to inform the commission when administrative approval for demolition has been granted, pursuant to code section 317. last week the department submitted a copy of an administrative approval for a proposed demolition at 580 diamond street. the department reviewed the soundness report for this property and found it to be unsound.

the department also performed a historic resource evaluation response and found that the building was not a resource. the project proposes demolition of this structure and new construction of a two-unit building. the project did go -- undergo neighborhood notification and no d.r. was filed during the appeal period. and then secondly concerning the board of appeals, there's only one item that may be of interest to you. the appeal of the building permit application for 2642 height street. this would legalize a rear balcony which was subject to d.r. before you. the commission unanimously upheld the permit in september of 2009. the permit was subsequently appealed to the board of appeals. on july 10 of this year the board unanimously upheld the permit. however, the apell ant did file a rehearing request. and last night the board unanimously denied the rehearing request. the board will now issue a notice of decision and the building permit will be final. that concludes the board of

appeals' report as well. president miguel: thank you. >> thank you. commissioners, if we can move forward on your calendar, eye ty tell number -- item number six is an abbreviated institutional mat -- master plan for heald college. >> good afternoon, members of the commission. i'm handling the case for erin holster who is out of the office today. this is a submission of the abbreviated master plan for heald college. planning department staff has determined that documents contain all of the information required for an abbreviated i.m.p. pursuant to the planning code this i.m.p. is similar to the ones that you've you a -- approved previously at 350 mission street. this is for their new location at 875 howard street, planning department staff recommends no

public hearing be held on this i.m.p. commission. i'm available for any questions you might have. president miguel: thank you. project sponsor wish to make any comment? is there any public comment on this item? public comment is closed. commissioner borden. commissioner borden: i just thought it was interesting, the list of alumni who wept to the school. i -- went to the school. i found quite fascinating. i didn't realize it was founded in san francisco in 1863. i've seen the current building is close to where i work, it's a half a block from my office. i see lots of students going there for classes and i know it to be really valuable in changing people's lives. so, i don't think we need to have a hearing on it. commissioner antonini: i too was impressed about bird -- by their alumni and history regarding it. certainly i think that they are

a great asset to have in san francisco and i think the abbreviated institution master plan looks fine to me. >> it's interesting because it is the oldest business career college in the western united states and still going strong, stronger than ever, more years ago than my memory. my mother took shorthand there. very pre-computer. >> thank you. that would conclude this hearing. the commission has determined that public hearing is not necessary. thank you, commissioners. you are now at general public comment. at this time members of the public may address you on items of interest to the public that fall within the subject matter jurisdiction of this commission. each member of the public may

address you for up to three minutes. keeping in mind that the entire category has a limit of 15 minutes and that this category may not be used to address you on any agenda item. president miguel: thank you. on agenda public items not on the agenda, jack stewart, joan wood, rush. >> my name is zach stewart and i kind of wish i hadn't come out here and learned about this book. i've been giving it way to a lot of people and it's cost me a lot of money. one of my friends took off for new york and took a lack at the buildings that -- look at the buildings that jane jacobs saved in gren itch village. there are a lot of them. i don't know where the h.b.c. came from, historic

preservation commission, but i know the voters voted on it. and it seems to me it's a precious resource for our city. in fact, it's amazing that it happened. and it seems to be getting hit on a little bit recently. some of the people from the library commission called them weanies publicly. and think some other things happened where per happens the commission knew -- perhaps the commission knew without resources gets kind of pushed around. and i would hope that we could all think about that commission being equal to all the other commissions in the city and not perhaps draw powers from it that it needs to perform its duties. thank you. president miguel: thank you.

>> hello, president miguel and commissioners. and director rahm. i'm here, i guess you could say, to scold you for your vote on thursday about the changes to the planning code. it was insulting to the historic preservation commission and one of you commissioners said that she thought maybe it was a power struggle, it reflects a power struggle between planning and historic preservation commission. i hope that's not true. and i won't pretend to say that i've read 450-pages documentment the way commissioner sugaya did. however, after hearing his specific itemization of at least four changes that are

certainly not housekeeping, i mean, really, and even miss sullivan told you that the zoning administrator, your predecessor, wanted to eliminate a requirement for enforcing noncompliance because nobody was observing it anyway, i mean, that's not housekeeping . that's a sub stantive change. for you to -- substantive change. for you to to vote on all of the code changes to send to the board of supervisors is really kind of shocking. it would have been quite easy, i think, for you to delete articles 10 and 11, i was present at historic preservation commission. commissioner martinez said it would take eight hours to review them. the public -- to review them in public. and they only had an hour, their meetings are limited in a way that yours are not. i understand that this issue has been probably settled as of last night, about 9:00 in the evening, of the new director of heritage has come to an

understanding that you'll have a chance to consider articles 10 and 11 in conjunction with the historic preservation commission and i certainly hope that that's true. i will believe it when it's in writing and i'm here to ask you, i'm sure this is -- to revote and not pass -- not let your vote stand that the whole thing is going to the board of supervisors. thank you. president miguel: thank you. >> good afternoon, commissioners. i live at 39th avenue and gary. i'm a homeowner and taxpayer and resident of the city. i'm also a member of carpenter's vocal 22. i wanted to thank commissioner lee for his service as myself and several other members