Planning Commission - April 28, 2016 - Minutes

Meeting Date: 
April 28, 2016 - 12:00pm
Location: 

SAN FRANCISCO

PLANNING COMMISSION

 

 

Meeting Minutes

 

 

 

Commission Chambers, Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

San Francisco, CA 94102-4689

 

 

Thursday, April 28, 2016

12:00 p.m.

Regular Meeting

 

COMMISSIONERS PRESENT:   Fong, Richards, Antonini, Hillis, Johnson, Moore, Wu

 

THE MEETING WAS CALLED TO ORDER BY PRESIDENT FONG AT 12:11 P.M.

 

STAFF IN ATTENDANCE:  John Rahaim – Planning Director, Nick Foster,  Joshua Switzky,  Rachel Schuett, Sarah Jones, Sharon  Young,  Doug Vu, Esmeralda Jardines,  Chris Townes, Jeff Horn,  and Jonas P. Ionin – Commission Secretary

 

SPEAKER KEY:

                                + indicates a speaker in support of an item;

-   indicates a speaker in opposition to an item; and

                       = indicates a neutral speaker or a speaker who did not indicate support or opposition

 

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.             2015-004434DRP                                                                                              (N. TRAN: (415) 575-9174)

3790-3792 21ST STREET - northeast corner of 21st and Noe Streets; Lot  026A in Assessor’s Block 3604 (District 8) - Request for Discretionary Review of Building Permit Application No. 2015.04.10.3305, proposing a third story addition with roof deck, lightwell infill, basement excavation and exterior changes on the existing two-family dwelling which is located within a RH-2 (Residential, House, Two-Family) Zoning District and 40-X Height and Bulk District. This action constitutes the Approval Action for the project for purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

Staff Analysis:  Abbreviated Discretionary Review

                Preliminary Recommendation:  Do Not Take Discretionary Review and Approve

                (Continued from Regular Hearing of April 14, 2016)

(Proposed for Continuance to June 16, 2016)

 

SPEAKERS:           None

ACTION:                                Continued to June 16, 2016

AYES:                     Fong, Richards, Hillis, Hillis, Moore, Wu

ABSENT:                Johnson

 

2.             2015-013891DRM                                                                                      (E. JACKSON: (415) 558-6363)

100 SICKLES AVENUE - northern corner of Sickles and Huron Avenues; Lot 016 of Assessor’s Block 7142 (District 11)- Request for a Mandatory Discretionary Review of a Building Permit Application to establish a Medical Cannabis Dispensary (MCD) (d.b.a. “God’s Green Compassion”) on the ground floor of the subject property. The MCD would allow for on-site sales of medical cannabis and/or medical cannabis edibles. No on-site cannabis cultivation, nor on-site medication of medical cannabis would take place at the subject property.  The subject property is within the Excelsior Outer Mission Street NCD Zoning District and 40-X Height and Bulk District.  This action constitutes the Approval Action for the project for purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

(Proposed for Continuance to July 21, 2016)

 

SPEAKERS:           None

ACTION:                                Continued to July 21, 2016

AYES:                     Fong, Richards, Hillis, Hillis, Moore, Wu

ABSENT:                Johnson

 

B.         CONSENT CALENDAR

 

All matters listed hereunder constitute a Consent Calendar, are considered to be routine by the Planning Commission, and may 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

 

3.             2015-008833CUA                                                                                        (N. FOSTER: (415) 575-9167)

524 HOWARD STREET - between 1st and 2nd Streets; Lot 013 in Assessor’s Block 3721 (District 6) - Request for Conditional Use Authorization, pursuant to Planning Code Sections 156 and 303 to allow the continued operation of an existing, temporary surface parking lot within a C-3-O (SD) District, the Transbay C-3 Special Use District, the Transit Center C-3-O(SD) Commercial Special Use District, and 450-S Height and Bulk District. This action constitutes the Approval Action for the project for purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

Preliminary Recommendation:  Approve with Conditions

 

SPEAKERS:           None

ACTION:                                Approved with Conditions

AYES:                     Fong, Richards, Hillis, Hillis, Moore, Wu

ABSENT:                Johnson

                MOTION:               19627

 

C.         COMMISSION MATTERS

 

4.             Consideration of Adoption:

·         Draft Minutes for April 14, 2016

 

SPEAKERS:           None

ACTION:                                Adopted

AYES:                     Fong, Richards, Hillis, Hillis, Moore, Wu

ABSENT:                Johnson

 

5.             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 Moore:

Just wanted to express my appreciation about the Board of Supervisors approving affordable housing development incentives by initiating new percentages for affordable housing.

 

Commissioner Antonini:

Thank you, three things briefly first of all, last Sunday in the Chronicle, John King had a good article in façadism, I'm not sure if I agree with all of his criticisms of the various buildings, but one thing, that was not pointed out, I think, the façadism it wouldn't be so unattractive if the building that was built new behind the façade that’s already there was more contextual with the existing façade. I mean, there seems to be this idea that we can't build anything that sort of looks like the period from which it came and I think we have lots of examples in the City where we have built things that added on to existing structures and they look very good, some of them contrast, some don't contrast and I think that is one of the big problems. Second item, Commissioner Richards may some have comments on this, about halfway through reading the book Making the Mission, it is wonderful so far, in fact, I feel it’s a book that everybody who is involved with policy making in San Francisco, particularly reference to the Mission it should read. It is a good history and the author’s thesis is the strong identity of the Mission remains over the years despite structural and ethnic changes and so, anyway he goes on, I’ve read about the period through 1906 until 1950, but particularly referenced to the period from 1906 to 1930, the power of the Mission was enormous, maybe because a lot of people after the earthquake moved into that area, and it was logical place for expansion. There were no hills in the way, as we all know all the streets curve to balance Mission Street and even Ocean Avenue begins, way out in the outer part of the Mission. Particularly of note was the Mission Promotional Association. It was a group that was so powerful that many of them called it the Parliament of San Francisco, and one chapter is entitled Neighborhood Capitalism because this group was very influential in promoting development in the Mission, both housing and business, strong support from both labor and business, and they did some amazing things, many we'll be considering in the future parts of them. They were influential in getting The Armory built in the Mission District. They had to compete with Russian Hill and they won out, because The Armory was more than just a place for the soldiers to-- the National Guard to be stations it was a social situation. They developed a harbor at Islais Creek for the Mission District to have a shipping area to come into it. They were influential in the creation of Balboa Park, which is still with us today, which used to be the House of Refuge. They stayed in a State-wide basis. They influenced the rates of underwriters and were able to bring insurance rates down significantly. They lead to the purchase of Spring Valley Water Company and the Hetch Hetchy Plan, and also most significantly in our case, the formation of the San Francisco Planning Commission, and many of mayors during that time period were Mission boys, most notably James Rolph, who was a mayor from 1912 to 1931 and was supported by both the Democrats and Republicans business and labor, and others from that period, of course were Patrick Henry, better known as Pinhead McCarthy, who had a rather short mayoral stint from 1910 to 1912 and then James Phelan from 1896 to 1900, and also Timothy Pfueger and Robert Sproul, first President of UC Berkley, was also from the Mission, but most notably is this fellow Matthew Sullivan, I’d never heard of him before, he was an attorney, he was the head of the Protective Association, City Supervisor. He was the first President of the San Francisco Planning Commission. He was President of the California Republican Party and he was Chief Justice of the California Supreme Court, so he was a busy guy and might be a subject of a book I would like to write in the future when I'll not doing dentistry anymore, because it sounds fascinating, so anyway that is well worth reading the book just for that period of time, and realizing how much influence that group in the Mission during that period of time had on present San Francisco, and to that same end as was noted in the Chronicle by Carl Nolte last Sunday, there is  an Irish Mission Walking Tour that is held this Sunday at 12:00 noon by a woman who gives this tour. It is extremely popular and identifies all the various parts of the Mission which were strongholds of the Irish Community over the years, sounds like an interesting one and I'm going to take it, thank you.

 

D.         DEPARTMENT MATTERS

 

6.             Director’s Announcements

 

Director Rahaim:

I just want to take this opportunity today to thank some of the staff working on some issues and projects in the last few weeks; specifically this week is Administrative Professionals Week. This is the staff who worked behind the scene at the Department and of course in many major agencies, who very seldom get recognition for all the work that they do, so I just want publicly thank all those administrative staff in Department who work hard and keep all of us honest, and keep my schedule going, which is crazy, just thank them for their time, and secondly, I want to thank all the staff that have been working on the affordable housing legislation. This has been one of the more challenging pieces of legislation that we’ve had to work in a very long time, it was changing dramatically every single day. Staff was working very intensely with the Supervisors’ Offices, with the City Attorney's Office. Specifically, I’d like to call a few names, AnMarie Rodgers, Aaron Starr, Liz Watty, Corey Teague, Kristen Dischinger, and Kate Connor, all of them spent a lot of time working on this, and I also want to thank the City Attorney's Office for working with us patiently and lengthily on a very complicated, constantly changing piece of legislation that was fraught  with a lot of political challenges and conflicts, so it was a challenging piece of legislation, obviously our work is not done on this and will continue, but the adoption of the legislation is a milestone and we can move on to other aspects of our affordable housing work, so thanks to all of those staff, thank you.

 

7.             Review of Past Events at the Board of Supervisors, Board of Appeals and Historic Preservation Commission

           

Land Use Committee:

·                  150456 Planning Code - Measurement of Rooftop Appurtenances and Infill Spaces for Noncomplying Structures in C-3 Zoning Districts. Sponsor: Mayor. Staff: Starr. At this week’s Land Use Committee hearing, the Committee heard the Rooftop Appurtenances ordinance that is sponsored by the Mayor.  The Planning Commission heard this item on July 23 of last year and voted unanimously to recommend approval.  At the request of the sponsor, the Committee tabled this item, so the item will not be moving forward to the Full Board.

 

·                     151211 Planning Code - Landmark Designation - 90-92 Second Street (aka the Bourdette Building. Sponsor: Kim. Staff: Ferguson. The next item was an ordinance that would landmark the building at 90-92 Second Street, also known as the Bourdette Building.  The HPC heard this item on November 4, 2015 recommend approval of landmark designation.

 

The Bourdette Building is significant for its direct and intimate association with the 1906 Earthquake and Fire because it is a unique survivor. While the rest of the South of Market was reduced to ashes on April 18, this two-story brick building remained almost miraculously undamaged. Within the entirety of the burned district, it was the only building to survive without anyone inside or outside fighting to save it. It’s further significant because there are no other comparable small-scale commercial buildings in downtown San Francisco that survived the 1906 disaster. It is also architecturally significant as a work by master architects Bliss & Faville, one of the most respected and prolific architectural firms in early 20th century San Francisco.

 

At the hearing, April Ang from Supervisor Kim’s office made some remarks about the landmark designation and Supervisor Peskin, who signed on as co-sponsor, made comments of support and praised the Department’s work on the designation report. The item was then forwarded to the Full Board with a positive recommendation.

 

·                     160255 Planning, Administrative Codes - Inclusionary Affordable Housing Fee and Requirements; Preparation of Economic Feasibility Report; Establishing Inclusionary Housing Technical Advisory Committee. Sponsors: Kim, Peskin, Yee. Staff: Rodgers, Starr.

 

Next on the agenda was Supervisors Peskin and Kim’s ordinance that would amend the inclusionary rates for project with 25 units or more.  This is trailing legislation for a charter amendment that will be on the June ballot.  You may recall that this item was heard last week but was substantially amended so it needed to be continued for one week.  The Planning Commission considered this ordinance on March 31 and recommended approval with multiple amendments, some of which were included in the final ordinance. 

 

At this week’s hearing Supervisor Peskin made several clerical amendments to the ordinance, and an additional amendment that allows buildings up to 130 feet in height located both within a special use district and within a height district that maxes out at 130 feet to be able to use the grandfathering rates.  This new provision benefits pending projects along Van Ness Avenue. All of Supervisor Peskin’s amendments were accepted unanimously by the Committee.

 

Supervisor Cohen also made two amendments, both of which removed special carve outs proposed by Supervisor Farrell last week.

 

These amendments were:

 

1.                   To grandfather development projects at a 15.5% Inclusionary Rate that have submitted environmental applications after January 12, 2016 or before June 6, 2016 on a property of 10 acres; and

2.                   that the new inclusionary rates shall not apply to housing development projects with approved executed agreements signed before June 7, 2016 demonstrating that the housing units are not subject to the Costa Hawkins Rental Housing Act.

 

The amendments removing these provisions form the ordinance were also accepted unanimously.

 

There were about four people who spoke during public comment.  Two were in support of the ordinance, while the other two had concerns about specific provisions such as the lower rates for smaller projects and the language referring to the State Density Bonus law.

 

Supervisor Wiener stated that he was not in support of the Ordinance because the inclusionary percentages were not based on a feasibility study. He felt that the new rates should not be set until this study is finished.  He was also skeptical that when the feasibility study does comes out that there would be broad support for lowering the inclusionary rate below 25% if the study showed it was infeasible.

 

For his part, Supervisor Peskin reiterated his strong support for this legislation.  He also expressed his surprise that Supervisor Wiener was not supporting the ordinance given his support for the charter amendment that has the same Inclusionary Rates, and also Wiener’s support for Supervisor Yee’s resolution, which provided the outline for the Inclusionary Ordinance.

 

After some more back and forth between the two Supervisors, the committee voted 2 to 1 to move the ordinance to the Full Board with a positive recommendation as a Committee Report, with Supervisor Wiener voting against the motion.

 

·                     151245 Hearing - Short-Term Residential Rentals Enforcement. Sponsor: Wiener. Staff: Guy.

Last on the agenda, Kevin Guy - Director of the Office of Short-Term Rentals -gave a quarterly update on the STR program, as requested by Supervisor Wiener.  During the hearing Supervisor Peskin asked questions about the rate of registration and that it seemed to be proceeding at a tepid pace.  Mr. Guy went into a deeper explanation about the Department’s proactive enforcement program and the number of total enforcement cases.  There was no public comment, and the Committee then filed the item.   

 

Full Board:

·                     160150 Redevelopment Plan Amendment - Transbay Redevelopment Project Area - Zone One. Sponsor: Mayor, Kim. PASSED Second Read

 

·                     160284 Bi-Annual Housing Balance Report - March 2016. Sponsor: Kim. Staff: Rahaim, Rodgers, Ojeda. Adopted

 

·                     160255 Planning, Administrative Codes - Inclusionary Affordable Housing Fee and Requirements; Preparation of Economic Feasibility Report; Establishing Inclusionary Housing Technical Advisory Committee. Sponsors: Kim, Peskin, Yee. Staff: Rodgers, Starr.

And lastly, the Supervisor’s considered the Inclusionary Housing Ordinance that the Land Use Committee considered the day before. Supervisor Kim provided opening comments on the ordinance and the importance of increasing the Inclusionary Housing rate. Supervisor’s Peskin, Yee, Campos and Avalos all spoke in favor of the proposed ordinance.  Supervisor Tang gave conditioned support for the ordinance, saying that the 25% inclusionary rate needs to be relooked at when the feasibility report comes out, but that she was happy to support the ordinance that day.  Supervisor’s Wiener and Farrell both expressed opposition to the Ordinance because the feasibility analysis had not been done yet and that setting the rate at 25% prior to the feasibility analysis was akin to putting the cart before the horse.  Ultimately the item passed its First Read on a 9 to 2 vote with Supervisors Farrell and Wiener voting against it.

 

Introductions:

·                     160426 Planning Code, Zoning Map - Rezoning Midtown Terrace Neighborhood form RH-1 to RH-1(D). Sponsor: Yee. Staff: Starr

·                        160424 Planning Code, Zoning Map - Sign Regulations. Sponsor: Peskin. Staff: TBD

·                     160423 Administrative Code - Short-Term Residential Rentals and Hosting Platforms. Sponsor: Campos, Peskin, Avalos, and Mar. Staff: Guy. The ordinance amends the Administrative Code to revise City’s Short Term Rental provisions to require Hosting Platforms to verify that a Residential Unit is on the City Registry prior to listing; require Hosting Platforms to respond to notices and requests for information; and provide for civil, administrative, and criminal penalties against Hosting Platforms for violations of the Residential Unit Conversion Ordinance.

 

BOARD OF APPEALS:

No Report

 

HISTORIC PRESERVATION COMMISSION:

No Report

 

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:       Georgia Schuttish – Family housing needs for the City

 

F.            REGULAR CALENDAR 

 

The Commission Hearing Procedures provide for presentations by staff; followed by the project sponsor team; followed by public comment for and against the proposal.  Please be advised that the project sponsor team includes: the sponsor(s) or their designee, lawyers, architects, engineers, expediters, and/or other advisors.

 

                8.                                                                                  (J. SWITZKY: (415) 575-6815/C. TEAGUE: (415) 575-9081)

SAN FRANCISCO JOB  AND OFFICE TRENDS 1985-2015/UPDATE ON  OFFICE DEVELOPMENT

PIPELINE - Informational Presentation - Staff will provide the  first in a  series of presentations on Job and office space trends in San Francisco and the Bay Area, highlighting both current conditions and trends over the past 30 years, as well as an update on the current state of the office development pipeline.

                Preliminary Recommendation: None – Informational

 

SPEAKERS:           Joshua Switzky – Staff presentation

                                Alice Light – TODCO position

                                Georgia Schuttish – Prop M

                                Sue Hestor – Planning process, workforce housing

                                Tom Radulovich - Transportation

ACTION:                                None – Informational

 

9.                                                                                                     (J. SWITZKY: (415) 575-6815)

                PLAN BAY AREA 2040 UPDATE  -  Informational Presentation - Staff  from  the Association of  Bay  Area  Governments (ABAG) will provide an overview of the ongoing effort to update Plan Bay Area 2040. The presentation will highlight the framework for development of  scenarios for regional  land use and transportation outcomes as well as an overview of the process and timeline for public engagement, feedback and adoption.

                Preliminary Recommendation: None – Informational

 

SPEAKERS:           Gil Kelly – Staff presentation

                                (F) Speaker – ABAG presentation

                                = Georgia Schuttish – Question

                                + Tom Radulovich

                                + Sue Hestor –

                                + Robert Hernandez

ACTION:                                None – Informational

 

                10.          2012.0726PCA                                                                                            (R. SCHUETT: (415) 575-9030)

DEPARTMENT-SPONSORED PLANNING CODE AMENDMENTS RELATED TO TRANSPORTATION DEMAND MANAGEMENTIntent to Initiate - Pursuant to Planning Code Section 302, the Planning Commission will consider initiating amendments to the Planning Code. The amendments are intended to establish a new citywide Transportation Demand Management (TDM) Program within a TDM Ordinance, accompanied by an adopted TDM Program Standards document. The TDM Program would establish a framework of TDM requirements for new land use development projects, making sure these projects are designed to make it easier for new residents, tenants, employees, and visitors to get around by sustainable modes of travel such as transit, walking, and bicycling. In addition, the TDM Program would create a new administrative fee to process TDM Plan applications and compliance reports. Planning Code sections proposed for amendment include Sections 161, 163, 169 (new section), and 357.

Preliminary Recommendation: Adopt a Resolution of Intent to Initiate and schedule a public hearing

 

SPEAKERS:           + Sarah Jones – Staff presentation

                                + (F) Speaker

                                + Wade Wietgrefe

                                = Tom Radulovich – Loophole fix

                                = Ron Miguel

ACTION:                                Adopted a Resolution of Intent to Initiate and Schedule a Public Hearing

AYES:                     Fong, Richards, Hillis, Johnson, Hillis, Moore, Wu

                RESOLUTION:      19628

 

11.          2015-013646CUA                                                                                          (S. YOUNG: (415) 558-6346)

2000 FILLMORE STREET - northeast corner of Fillmore and Pine Streets, Lot 017 in Assessor’s Block 0653 (District 2) - Request for Conditional Use Authorization pursuant to Planning Code Sections 303, 303.1, 703.3, and 703.4 to establish a Formula Retail Use (d.b.a. Space NK Apothecary London) in a vacant approximately 1,220 square foot ground floor commercial space (previously occupied by a retail shoe store d.b.a. “Paolo”) within the Upper Fillmore Street Neighborhood Commercial District and a 40-X Height and Bulk District.  This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to San Francisco Administrative Code Section 31.04(h).

Preliminary Recommendation: Approve with Conditions

 

SPEAKERS:           = Sharon Young – Staff presentation

                                + Carlos Timeros – Project presentation

                                + Noah Rosenblat – Project presentation continued

ACTION:                                Approved with Conditions

AYES:                     Hillis, Johnson, Hillis, Moore, Wu

ABSENT:                Fong, Richards

                MOTION:               19629

 

                12.          2015-010413CUA                                                                                      (E. JARDINES: (415) 575-9144)

1390 SILVER AVENUE -  south side of Silver Avenue, west side of Goettingen Street; Lot 020 in Assessor’s Block 5921 (District 9) - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303.1 and 703.4, to allow the conversion of a vacant formula retail grocery store into a formula retail grocery store (DBA Grocery Outlet), within a NC-1 (Neighborhood Commercial Cluster) Zoning District and 40-X Height and Bulk District. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to San Francisco Administrative Code Section 31.04(h).

Preliminary Recommendation: Approval with Conditions

 

SPEAKERS:           = Esmeralda Jardines – Staff presentation

                                + John Kevlin – Project presentation

                                + McGreggor Reid – Project presentation

                                + Bill Schawb – Support

                                + Larry Tescornia – Support

                                + Daniel Monsney – Support

ACTION:                                Approved with Conditions

AYES:                     Fong, Richards, Hillis, Johnson, Hillis, Moore, Wu

                MOTION:               19630

 

13.          2015-007858CUA                                                                                      (E. JARDINES: (415) 575-9144)

1245 SOUTH VAN NESS AVENUE - east side of South Van Ness Avenue, west side of Shotwell Street; Lots: 046 and 070 in Assessor’s Block 3641 (District 9)- Request for Conditional Use Authorization, pursuant to Planning Code Sections 249.60, 303.1 and 703.4, to allow the conversion of a vacant formula retail grocery store into a formula retail grocery store (DBA Grocery Outlet) and to reestablish a Type 21 alcohol license, within a NC-3 (Neighborhood Commercial Cluster) as well as a RH-2 (Residential House, Two Family) Zoning Districts, and the 40-X and 50-X Height and Bulk Districts. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to San Francisco Administrative Code Section 31.04(h).

Preliminary Recommendation: Approve with Conditions

 

SPEAKERS:           = Esmeralda Jardines – Staff presentation

                                + John Kevlin – Project presentation

                                + Daniel Monsney – Support

                                + (M) Speaker - Support

ACTION:                                Approved with Conditions

AYES:                     Richards, Hillis, Johnson, Hillis, Moore, Wu

ABSENT:                Fong

                MOTION:               19631

 

                14.          2013.0698X                                                                                                   (C. TOWNES: (415) 575-9036)

1301 16TH STREET - south side of 16th Street between Carolina and Wisconsin Streets; Lot 016 in Assessor’s Block 3954 - Request for a Large Project Authorization (LPA), pursuant to Planning Code Section 329, to demolish an existing 1-story warehouse building and construct a new 6-story, 68-foot tall, 176-unit, mixed-use building proposing a total of 184,712 gross square feet. The project includes 3,571 square feet of ground floor retail space, 3,297 square feet of ground floor PDR, up to 111 off-street parking spaces and 264 bicycle parking spaces. Under the LPA, the project is seeking modification to certain Planning Code requirements, including: 1) Rear Yard (Planning Code Section 134); and, 2) Permitted Obstructions Over the Street (Planning Code Section 136). The subject property is located within the UMU (Urban Mixed Use) Zoning District and 68-X Height and Bulk District. A Planning Commission approval at the public hearing would constitute the Approval Action for the project for the purposes of CEQA, pursuant to San Francisco Administrative Code Section 31.04(h).

Preliminary Recommendation:  Approve with Conditions

 

SPEAKERS:           = Chris Townes – Staff presentation

                                + Will Millard -  Project presentation

                                + Mike Pittler – Project presentation continued

                                + Ron Miguel – Support

                                + Rob Poole – Support

                                + Austin Hunter – Support

                                + J.R. Eppler – Support

                                = Allison Heath – Community Plan Exemption

-   (M) Speaker – Opposition

-   Tricia Atlas - Opposition

ACTION:                                Approved with Conditions as amended

1.       by Staff;

2.       by Commissioner Moore re: guardrails;

3.       by the City Attorney re: unit mix in the Affordable Housing section;

4.       incorporating the Entertainment Commission conditions;

5.       incorporating the Sponsor’s conditions;

6.       allowing the reconfiguration of the ground floor spaces; and

7.       requiring a Commission update in the form of a memorandum.

AYES:                     Fong, Richards, Hillis, Johnson, Hillis, Moore, Wu

                MOTION:               19632

 

                15a.                                                                                                                                                            2014.1041DNX                (D. VU: (415) 575-9120)

390 1ST  STREET - northwest corner of 1st and Harrison Streets; Lot 058 in Assessor’s Block 3749 (District 9) - Request for Downtown Project Authorization pursuant to Planning Code Sections 309.1 and 827 to demolish an automotive service station and construct an approximately 212,429 square feet, fourteen-story and 138-feet 6-inches tall residential building consisting of up to 180 dwelling units, approximately 365 square feet of ground floor commercial space, and up to 95 underground parking spaces. The project is also requesting exceptions to the permitted obstructions and dwelling unit exposure requirements pursuant to Planning Code Sections 136 and 140, respectively. The subject property is located within the Rincon Hill Downtown Residential (RH-DTR) District and 45/65-R and 65/400-R Height and Bulk Districts. This notice also meets Section 312 requirements for public notification. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to San Francisco Administrative Code Section 31.04(h).

Preliminary Recommendation: Approve with Conditions

(Continued from Regular Meeting of April 7, 2016)

           

SPEAKERS:           = Doug Vu – Staff presentation

                                + John Kevlin – Project presentation

                                + Jonathan Coen – Design presentation

-   (F) Speaker – Design and construction plan flaws, traffic

                                                = Mary Anne – No staging area, garage entrance

-     Jessica Evans – Rush hour traffic

-     (M) Speaker – Separation

+ Laura Clark – Nice uninhabitable apartments

+ (M) Speaker – Support

ACTION:                After hearing and closing public comment; Continued to August 4th, 2016 with direction from the Commission

AYES:                     Fong, Richards, Hillis, Johnson, Hillis, Moore, Wu

 

                15b.        2014.1041CUA                                                                                                        (D. VU: (415) 575-9120)

390 1ST STREET - northwest corner of 1st and Harrison Streets; Lot 058 in Assessor’s Block

3749 (District 9) - Request for Conditional Use Authorization pursuant to Planning Code Sections 202.5 and 303 for the conversion of an automobile service station to allow the demolition of all existing structures and construction of a new approximately 212,429 square feet, fourteen-story and 138-feet 6-inches tall residential building consisting of up to 180 dwelling units, approximately 365 square feet of ground floor commercial space, and up to 95 underground parking spaces. The subject property is located within the Rincon Hill Downtown Residential (RH-DTR) District, and 45/65-R and 65/400-R Height and Bulk Districts. This notice also meets Section 312 requirements for public notification.

Preliminary Recommendation: Approve with Conditions

(Continued from Regular Meeting of April 7, 2016)

 

SPEAKERS:           Same as 15a.

ACTION:                After hearing and closing public comment; Continued to August 4th, 2016 with direction from the Commission

AYES:                     Fong, Richards, Hillis, Johnson, Hillis, Moore, Wu

 

G.            DISCRETIONARY REVIEW CALENDAR 

 

The Commission Discretionary Review Hearing Procedures provide for presentations by staff; followed by the DR requestor team; followed by public comment opposed to the project; followed by the project sponsor team; followed by public comment in support of the project.  Please be advised that the DR requestor and project sponsor teams include: the DR requestor and sponsor or their designee, lawyers, architects, engineers, expediters, and/or other advisors.

 

16.          2014-001944DRP                                                                                              (J. HORN: (415) 575-6295)               

2079 15TH AVENUE - west side of 15th Ave. at Quintara St.; Lot 001O in Assessor’s Block 2135 (District 7) - The request is for a Discretionary Review of Building Permit Application No. 2014.04.11.3071 proposing to construct a one-story vertical addition, excavation and expansion of the existing basement level, excavation of a new lower basement level at the rear, a horizontal rear and side addition, removal of sideyard encroachments, and interior and exterior alterations. No change is proposed for the detached garage at the rear of the property. The property is located within a RH-1(D) (Residential House, One-Family Detached) Zoning District and 40-X Height and Bulk District. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

Staff Analysis:  Abbreviated Discretionary Review

Preliminary Recommendation:  Do Not Take Discretionary Review and Approve

 

SPEAKERS:           = Delvin Washington – Staff presentation

-   Steve Williams – DR presentation

+ Ceclia Low – Support

+ Mary Gallagher – Project presentation

+ Lisa Pim – Support

+ Laura Clarke – DR is a joke

+ Donald Pam – Support

+ Sylvia Johnson             

ACTION:                                NO DR, Approved as Proposed

AYES:                     Richards, Hillis, Hillis, Moore, Wu

ABSENT:                Fong, Johnson

                DRA No:                                0460

 

H.            PUBLIC COMMENT

 

At this time, members of the public may address the Commission on items of interest to the public that are within the subject matter jurisdiction of the Commission except agenda items.  With respect to agenda items, your opportunity to address the Commission will be afforded when the item is reached in the meeting with one exception.  When the agenda item has already been reviewed in a public hearing at which members of the public were allowed to testify and the Commission has closed the public hearing, your opportunity to address the Commission must be exercised during the Public Comment portion of the Calendar.  Each member of the public may address the Commission for up to three minutes.

 

The Brown Act forbids a commission from taking action or discussing any item not appearing on the posted agenda, including those items raised at public comment.  In response to public comment, the commission is limited to:

 

(1)  responding to statements made or questions posed by members of the public; or

(2)  requesting staff to report back on a matter at a subsequent meeting; or

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

 

None

 

Adjournment - 7:37 P.m.

ADOPTED: May 12, 2016