Planning Commission - August 24, 2017 - Minutes

Meeting Date: 
August 24, 2017 - 1:00pm
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,

August 24, 2017

1:00 p.m.

Regular Meeting

 

 

 

COMMISSIONERS PRESENT:   Hillis, Richards, Johnson, Koppel, Melgar, Moore

COMMISSIONER ABSENTS:     Fong

 

THE MEETING WAS CALLED TO ORDER BY COMMISSIONER JOHNSON AT 1:06 P.M.

 

 

STAFF IN ATTENDANCE:  John Rahaim – Planning Director, David Weissglass, Gabriella Pantoja, Jeanie Poling, Melinda Hue, Rich Sucre, Kimberly Durandet, Dan Sirois, Nick Foster, Sylvia Jimenez, Nancy Trans, Michael Christensen, 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.            2015-014626CUA                                                                        (A. LINDSAY: (415) 575-9178)

1025 FILLMORE STREET - west side of Fillmore Street, between Golden Gate Avenue and McAllister Street, Lot 021 of Assessor’s Block 0774 (District 5) - Request for a Conditional Use Authorization, pursuant to Planning Code Sections 303(c), 747 and 209.2, to modify a T-Mobile Macro Wireless Telecommunications Services Facility consisting of installation of three (3) new panel antennas, installation of three (3) new FRP box screens with bottoms, and ancillary equipment as part of the T-Mobile Telecommunications Network. The subject property is located within the NCT (Fillmore Street Neighborhood Commercial Transit District), the RM-4 (Residential-Mixed, High Density), and 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: Approval with Conditions

(Proposed for Continuance to September 7, 2017)

 

            SPEAKERS:          Ace Washington – African American in a state of emergency

               ACTION:                              Withdrawn

               AYES:                    Hillis, Richards, Johnson, Koppel, Melgar, Moore

               ABSENT:              Fong

 

2.            2015-018150CUA                                                              (M. CHRISTENSEN: (415) 575-8742)

1 ARDATH COURT - east side of Ingalls Street, north of Hudson Court, Lot 008 of Assessor’s Block 4712 (District 10) - Request for a modification to a Planned Unit Development-Conditional Use Authorization, pursuant to Planning Code Sections 209.1, 303 and 304, with specific modifications to Planning Code requirements related to rear yard (Planning Code Section 134), to construct a new 5,659 square foot recreation center for residents of the Northridge Cooperative Homes. 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: Pending

(Proposed for Continuance to October 19, 2017)

 

               SPEAKERS:          None

               ACTION:                              Continued to October 19, 2017

               AYES:                    Hillis, Richards, Johnson, Koppel, Melgar, Moore

               ABSENT:              Fong

 

3.            2015-018150CUA                                                                                (C. MAY: (415) 575-9087)

137 CLAYTON STREET - west side of Clayton Street, between Grove and Hayes Streets, Lot 006 in Assessor’s Block 1194 (District 5) - Request for Conditional Use Authorization pursuant to Planning Code Sections 303 and 317 to demolish an existing two-story, single-family dwelling and construct a new four-story, 3-unit residential building within an RH-3 (Residential – House, Three-Family) 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: Pending

(Continued from Regular Meeting of February 9, 2017)

NOTE: On November 3, 2016 the Commission closed public comment and adopted a motion of intent to Disapprove and Continued the matter to December 1, 2016, by a vote of +7 -0. On December 1, 2016, without hearing Continued the matter to February 9, 2017. On February 9, 2017, without hearing Continued the matter to April 13, 2017. On April 13, 2017, without hearing, Continued the matter to June 8, 2017. On June 8, 2017, without hearing, Continued the matter to August 24, 2017.

(Proposed for Continuance to November 30, 2017)

 

                              SPEAKERS:          + Jeremy Schwab

                              ACTION:                              Continued to November 30, 2017

                              AYES:                    Hillis, Richards, Johnson, Koppel, Melgar, Moore

                              ABSENT:              Fong

 

4.            2017-000178CUA                                                                        (E. JACKSON: (415) 575-6363)

175 JUNIPERO SERRA BOULEVARD - east side, between Darien Way, Monterey Boulevard, and San Rafael Way, Lot 006 in Assessor’s Block 3250 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 209.1 and 303 to amend a previously approved CU authorization (Case No. 2012.0348C, Motion No. 18674) to expand the existing 2,700 square foot child care facility serving 60 children to a 4,062 square foot child care facility serving the same number of children within a RH-1(D) (Residential, One-Family, Detached) Zoning District with 40-X Height and Bulk designation.  The site is currently occupied by a child care facility (aka Alpha Kids Academy) and a church (aka Christian Science Church). 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 June 1, 2017)

(Proposed for Indefinite Continuance)

 

               SPEAKERS:          None

               ACTION:                              Continued Indefinitely

               AYES:                    Hillis, Richards, Johnson, Koppel, Melgar, Moore

               ABSENT:              Fong

 

5.            2015-015051CUA                                                                        (A. LINDSAY: (415) 575-9178)

965 SUTTER STREET - south side of Sutter Street, between Hyde Street and Leavenworth Street, Lot 022 of Assessor’s Block 0300 (District 4) - Request for a Conditional Use Authorization, pursuant to Planning Code Sections 303(c) and 209.3, to modify a T-Mobile Macro Wireless Telecommunications Services Facility consisting of installation of three (3) new panel antennas, removal of unused pipe mounts, and installation of ancillary equipment at equipment area as part of the T-Mobile Telecommunications Network. The subject property is located within a RC-4 (Residential-Commercial, High Density) Zoning District, and 80-A 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:          None

               ACTION:                              Withdrawn

               AYES:                    Hillis, Richards, Johnson, Koppel, Melgar, Moore

               ABSENT:              Fong

 

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

 

6.            2017-007082CND                                                                 (D. WEISSGLASS: (415) 575-9177)

758 HAIGHT STREET - north side of Haight Street, between Scott Street and Pierce Street on Assessor’s Block 0846, Lot 015 (District 5) - Request for a Condominium Conversion Subdivision, pursuant to Subdivision Code Sections 1332 and 1381, to convert a four-story, five-unit building into residential condominiums. The subject property is located within a RH-3 (Residential-House, Three Family) Zoning District and 40-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

 

               SPEAKERS:          None

               ACTION:                              Approved

               AYES:                    Hillis, Richards, Johnson, Koppel, Melgar, Moore

               ABSENT:              Fong

               MOTION:              19972

 

7.            2017-006356CND                                                                              (N. TRAN: (415) 575-9174)

56 SANCHEZ STREET - west side of Sanchez Street, between Duboce Avenue and 14th Street on Assessor’s Block 3538, Lot 012 (District 6) - Request for a Condominium Conversion Subdivision, pursuant to Subdivision Code Sections 1332 and 1381, to convert a four-story, six-unit building into residential condominiums. The subject property is located within a RTO (Residential, Transient-Oriented Neighborhood) Zoning District and 40-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

 

               SPEAKERS:          None

               ACTION:                              Approved

               AYES:                    Hillis, Richards, Johnson, Koppel, Melgar, Moore

               ABSENT:              Fong

               MOTION:              19973

 

8.            2017-003848CUA                                                                       (G. PANTOJA: (415) 575-8741)

1123 TARAVAL STREET - between 21st and 22nd Streets, Lot 001 in Assessor’s Block 2404 (District 4) - Request a Conditional Use Authorization pursuant to Planning Code Section 741.43, 781.2, and 303 to authorize a Limited Restaurant Use (d.b.a. Dumpling Kitchen) at an existing 444 square-foot tenant space at the ground floor of an existing one-story commercial building, previously occupied by a nail salon (d.b.a. Taraval Nails), within the Taraval Street Neighborhood Commercial (NCD) Zoning District and 65-A Height and Bulk District. This project was reviewed under the Community Business Priority Processing Program (CB3P). 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:          None

               ACTION:                              Approved with Conditions

               AYES:                    Hillis, Richards, Johnson, Koppel, Melgar, Moore

               ABSENT:              Fong

               MOTION:              19974

 

C.         COMMISSION MATTERS

 

               9.            Consideration of Adoption:

·       Draft Minutes for July 20, 2017

 

               SPEAKERS:          None

               ACTION:                              Adopted

               AYES:                    Hillis, Richards, Johnson, Koppel, Melgar, Moore

               ABSENT:              Fong

              

·       Draft Minutes for July 27, 2017

 

               SPEAKERS:          None

               ACTION:                              Adopted

               AYES:                    Hillis, Richards, Johnson, Koppel, Melgar, Moore

               ABSENT:              Fong

 

10.          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:

I want to share a funny moment with you, we mentioning – we directing the intent of main stream it is difficult, in any city like San Francisco, Market Street where we image that is complicated, it requires creativity. Can you read that? It gives me a huge laugh. For the audience, can you all see it? It is in English, it says: Make the Konigstrasse Great Again, which means: Make King Street Great Again. I thought it was a brilliant way of advertising.

 

Commissioner Koppel:

I want to make some comments on a trip I went on last week. I attended a friend wedding in Colorado. While there, I happenstance into a couple of dispensaries to do a little bit of investigating of my own, I don’t see that been very funny, Commissioner Richards. This is serious business up here. I was in a business investigation trip and I had a lot of questions and I got a lot of information on how they are doing this in Colorado. So, I did notice, once arriving in Colorado, the roads were immaculate; there was very little litter on the street, just a very clean, up-kept presence throughout the entire State. I did ask some of the people behind the counters how they tax, and simply all you need to get into these dispensaries, is a 21 and over ID. I did ask about the difference between recreational, medicinal, and the one thing that stays with me the most, is that they charge a 24% tax on their products. So, that is how they get to have the surplus of money they use for the public benefit, up keep of the roads to address issues that they have with homelessness and cleanliness, and they still have lots of money left over. I’ve seen signs over the freeways and roads, that clean-up effort is sponsored by the cannabis collectives, and that they’ve figured out a way for really utilize it this industry to benefit the cities and State of Colorado. So, hopefully at some point, whenever it does happen, we do get everything dialed in here we can utilize it to our benefit and make it most out of the industry.

 

Commissioner Melgar:

I also wanted to make a report and a request to the Department. So, on July 22, I was invited to go on a neighborhood tour by neighbors in the Excelsior and it was a tour organized by the PODER and the Filipino Community Center, and various neighbors in District 11 who we usually don’t hear from, so, I was really happy to go along. It was group of about 15 neighbors, mostly women, almost all working in the service sector, all of them immigrants, both Latino and Filipino and some Chinese. And we went to look at and talk about the laundromat that was busted for having folks living in the basement illegally, and we went to a couple sites under development where there are luxury condominium units going up on Mission Street, and then the Balboa Yard site that will affordable housing. Had a fascinating discussion that it was really well informed about the hopes and dreams of those neighbors, for their neighborhood, for the future, for their children, for accessing affordable housing and services, and for both preserving and making progress on what happens in the neighborhood. So, I feel is not often that we hear those voices, the voices of people who are service workers, and immigrants, and women. And what they requested specifically is to be included formally in the planning process, in the working group that is taking up the Excelsior issues. So, I’d ask the Department to honor that request. I feel like it is – you know it’s funny, there is been an article, that has gone viral on Facebook about planning in the City and how is dominated my male voices, I am sure we’ve all read it – I feel like that sometimes. I also feel, it is usually, mostly planning and land use decisions are dominated by the educated, by those of who the time and the access, by those who can read all that stack of stuff, that we go through, and I would say, folks who does not have that, have other things, that area just as valuable, which is the perspective that comes from living in those neighborhoods, that – there is no substitute for. I think that I’d urge the Department, to revisit the composition of that working group and to make sure all voices are heard and – the efforts to preserve is to make progress on those neighborhoods issues are honored. Thank you.

 

Commissioner Richards:

My apologies to Commissioner Koppel, I thought you were joking, and that’s why I gave you the good laugh, but I see you were actually serious. Closed Commission’s comments on an item of levity as well as Commissioner Moore opened it. I don’t know, I was coming back from Pennsylvania on Monday, I landed in the city at about 9:45, I wanted to come and rush here to see the eclipse, which I didn’t because it was foggy, but in my Twitter feed was a hilarious little, kind of cartoon from the Bay City Beacon, I’ll give them a shot out, because I really laughed my head off, titled of Bay City Beacon was: Planning Commission Denies Eclipse Permit, the sub-heading, the subtitled was: Moon Would Catch Shadows on Parks Violating Prop K. So, I thought that was really, really cute and I actually told the editor Mr. Aguilar, I thought that was hilarious. So, if we can’t laugh at ourselves, who we can laugh at?

 

D.         DEPARTMENT MATTERS

 

11.          Director’s Announcements

 

Director Rahaim:

Thanks Jonas, Commissioners, at an hour and half in, welcome back from your break, I hope you had a good break; it was a good introduction back to Commission land. A couple things, jus if I may response to Commissioner Melgar, I will talk to the staff, who was organizing those meetings, that task force was organizing in conjunction with Supervisor Safai’s office. So, we will – we will look at that list, and see if can broaden it to include some of the community members that you were talking about, your point is well taken. Secondly, I just want to let you know that I have joined the Resilient by Design Executive Board. This is the board that is looking at the sea level rise competition for the Bay Area, if you recall this is modeled after the New York competition that happened after Hurricane Sandy. And the competition here in the Bay Area has been founded primarily by the Rockefeller Foundation and I joined the board to kind of oversee that work. They are in the process of selecting the teams that will be associated with the ten sites that will be look at throughout the region. So, I am excited about that work, we think is precedent setting, and really will help us set some stages for future thinking about sea level rise and how we address some of the issues in the Bay Area and other places as well. That concludes my report. Thank you.

 

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

 

BOARD OF SUPERVISORS:

No Report

 

BOARD OF APPEALS:

The Board of Appeals met last night, and considered three items, that may be of interest to the Commission. The first is 473 Haight Street, the Board heard a rehearing request related to the building permit for the MCD of this property; however, the requestor did not attend the hearing, and the Board denied the rehearing request. The second was 153 Clipper Street. The Board heard an appeal of the building permit for this property, which was heard by this Commission as a DR earlier this year. In that hearing the Commission took DR, and removed the deck in front of the property. The appeal was filed by the neighbor across the street, who argued that the flat roof area could easily be use as a roof deck, the Department noted that all plans were consistent with the Commission’s decision, and did not include a roof deck. The Board unanimously denied the appeal. The third at 310 Duncan Street was an appeal of a suspension request and notice of violation for the subject property, which was found, that the property owner misrepresented the existing conditions of the subject property and reduced the previously existing second unit more than 25% without the require CU for dwelling unit merger. The Board unanimously denied the appeal and held the suspension and notice of violation.

 

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:          Laura Clark – Rule of law

                              John Avalos – Community development

                              Charlie Shamus – Equitable development

                              Speaker – Voices of immigrants, youth, tenants

                              Georgia Schuttish – Tantamount to demolition

 

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.

 

13.          2012.1410ENV                                                                                 (J. POLING: (415) 575-9072)

77-85 FEDERAL STREET - east of 2nd Street, between Bryant Delancey and Brannan Streets; Lot 444 of Assessor’s Block 3774 (District 6) - Appeal of a Community Plan Preliminary Negative Declaration for the demolition of two existing two-story office buildings and construction of a five-story building containing approximately 50,000 square feet (sf) of office use, 23,000 sf of retail use, and parking for 26 vehicles. The project site is located in a MUO (Mixed Use-Office) District, the South End Historic District and 65-X Height and Bulk District.

                                        Preliminary Recommendation: Uphold the Community Plan Preliminary Negative Declaration

 

               SPEAKERS:          = Jeanie Poling – Staff Report

-   Sue Hestor – Appellant presentation

+ Steve Vettel – Project presentation

               ACTION:                              Upheld the Community Plan Preliminary Negative Declaration

               AYES:                    Hillis, Richards, Johnson, Koppel, Melgar, Moore

               ABSENT:              Fong

               MOTION:              19975

              

14.          2014-001272ENV                                                                                (M. HUE: (415) 575-9041)

PIER 70 MIXED-USE PROJECT - located east of Illinois Street between 20th and 22nd Street; Assessor’s Block 4052 Lot 001; Block 4110 Lots 001 and 008A; Block 4111 Lot 004; and Block 4120 Lot 002 (District 10) - Certification of the Final Environmental Impact Report. The Pier 70 Mixed-Use Project would rezone the entire 35-acre project site (including the 28-acre site and the Illinois Parcels) and establish land use controls for the project site through adoption of the proposed Pier 70 Special Use District (SUD), and incorporation of design standards and guidelines in a proposed Pier 70 Design for Development document. The proposed project would involve the demolition of seven buildings/structures and the rehabilitation of three buildings. The proposed project would accommodate, depending on the uses proposed, between a maximum of 1,645 to 3,025 residential units, a maximum of 1,102,250 to 2,262,350 gross square feet (gsf) of commercial-office use, and a maximum of 479,980 to 486,950 gsf of retail-restaurant-arts/light industrial use. New buildings would range in height from 50 to 90 feet, consistent with Proposition F. The proposed project would also include transportation and circulation improvements, new and upgraded utilities and infrastructure, geotechnical and shoreline improvements, and nine acres of public open space. The majority of the project site is within the Union Iron Works Historic District. The project site is located within M-2 (Heavy Manufacturing) and P (Public) Zoning Districts, and 40-X and 65-X Height and Bulk Districts.

Preliminary Recommendation: Certify the Final EIR

NOTE: The public hearing on the Draft EIR is closed. The public comment period for the Draft EIR ended on February 21, 2017. Public comment will be received when the item is called during the hearing. However, comments submitted may not be included in the Final EIR.

 

               SPEAKERS:          = Rich Sucre – Staff Report

= Melinda Hue – EIR Presentation

= Sara Dennis-Phillips – Overriding framework for southern bay front

= Joshua Switzky – Jobs housing balance

+ Jack Suldan – Project presentation

+ Georgia Schuttish – Maximize the housing on the site

+ Scott Feeny – Support, maximize housing

+ Charles DeFarge – Bike paths

+ David Glover – Support

+ Susan Eslick – Support

+ Peter Linenthal – Support

+ Vanessa Akino – Support

+ Michael Theriot – Support

+ Tim Waters – Support

+ Speaker – Artist spaces

+ Speaker – Artist spaces

+ Moy Ng – Artist spaces

- Speaker – View shed loss, taking compensation                             

+ Corey Smith – Support

+ Peter Cohen –

= Fernando Martis – Commute times

    Sean Ingals –

= Allison Heath – DEIR

= Speaker – Public transit, design review

= J.R. Eppler – DEIR, public transit

+ Charlie Lavry – Support            

               ACTION:                              Certified

               AYES:                    Hillis, Richards, Johnson, Koppel, Melgar, Moore

               ABSENT:              Fong

               MOTION:              19976

 

15a.       2014-001272ENV                                                                             (R. SUCRE: (415) 575-9108)

Pier 70 Mixed-Use Project - east side of Illinois Street between 20th and 22nd Streets -Assessor’s Block 4052 Lot 001 (partial), Block 4111 Lot 004 (partial), Block 4110 Lots 001 and 008A, and Block 4120 Lot 002 (District 10) - Request for Adoption of Findings and Statement of Overriding Considerations under the California Environmental Quality Act (CEQA) for the Pier 70 Mixed-Use Project, which would rezone the entire 35-acre project site (including the 28-acre site and the Illinois Parcels) and establish land use controls for the project site through adoption of the Pier 70 Special Use District (SUD), and incorporation of design standards and guidelines in a proposed Pier 70 Design for Development document. Depending on the uses proposed, the Project would include between 1,645 to 3,025 residential units, a maximum of 1,102,250 to 2,262,350 gross square feet (gsf) of commercial-office use, and a maximum of 494,100 to 518,700 gsf of retail-light industrial-arts use. The Project also includes construction of transportation and circulation improvements, new and upgraded utilities and infrastructure, geotechnical and shoreline improvements, between 3,215 to 3,345 off-street parking spaces in proposed buildings and district parking structures, and nine acres of publicly-owned open space. The project site is currently located within the P (Public) and M-2 (Heavy Industrial) Zoning Districts, and 40-X and 65-X Height and Bulk Districts.

Preliminary Recommendation: Adopt Findings and Statement of Overriding Considerations under the California Environmental Quality Act

 

               SPEAKERS:          Same as Item 14.

               ACTION:                              Adopted

               AYES:                    Hillis, Richards, Johnson, Koppel, Melgar, Moore

               ABSENT:              Fong

               MOTION:              19977

 

15b.       2014-001272GPA                                                                            (R. SUCRE: (415) 575-9108)

Pier 70 Mixed-Use Project General Plan Amendments - Request to Adopt a Recommendation of Approval of the General Plan Amendments for the Ordinance introduced by the Planning Commission to amend Map No. 4 and Map No. 5 of the Urban Design Element and the Land Use Index of the General Plan to reference the Pier 70 Mixed-Use Project Special Use District. On June 22, 2017, the Planning Commission recommended initiation of the aforementioned General Plan Amendments, per Planning Commission Resolution No. 19949.  On August 24, 2017, the Planning Commission will consider the aforementioned General Plan Amendments pursuant to Planning Code Section 340.  The proposed amendments will be before the Planning Commission so that it may recommend adoption, rejection, or adoption with modifications to the Board of Supervisors, and adopt findings, including environmental findings and findings of consistency with the General Plan and the Priority Policies of Planning Code Section 101.1. 

Preliminary Recommendation: Adopt a Recommendation for Approval

(Continued from Regular Meeting of July 20, 2017)

 

               SPEAKERS:          Same as Item 14.

               ACTION:                              Adopted a Recommendation for Approval

               AYES:                    Hillis, Richards, Johnson, Koppel, Melgar, Moore

               ABSENT:              Fong

               RESOLUTION:      19978

 

15c.        2014-001272MAP                                                                            (R. SUCRE: (415) 575-9108)

Pier 70 Mixed-Use Project Zoning Map Amendments [Board File No. 170864] - Request to Adopt a Recommendation of Approval of a Zoning Map Amendment for the Ordinance introduced by Mayor Edwin Lee and Supervisor Malia Cohen to amend: Zoning Use District Map No. ZN08 to rezone Assessor’s Block 4052 Lot 001 (partial), Block 4111 Lot 004 (partial), Block 4110 Lots 001 and 008A from M-2 (Heavy Manufacturing) to Pier 70 Mixed-Use District, and Block 4120 Lot 002 from P (Public) to Pier 70 Mixed Use District; and Height & Bulk District Map No. HT08 to increase the height limit for Block 4052 Lot 001 (partial), Block 4111 Lot 004 (partial), and Block 4120 Lot 002 from 40-X to 90-X. The Height and Bulk District Map Amendments are consistent with Proposition F, which was passed by the voters in November 2014. These Zoning Use District Map and Height & Bulk District Map Amendments would support the Pier 70 Mixed-Use Project. The proposed amendments will be before the Planning Commission so that it may recommend adoption, rejection, or adoption with modifications to the Board of Supervisors.

Preliminary Recommendation: Adopt a Recommendation for Approval

 

               SPEAKERS:          Same as Item 14.

               ACTION:                              Adopted a Recommendation for Approval

               AYES:                    Hillis, Richards, Johnson, Koppel, Melgar, Moore

               ABSENT:              Fong

               RESOLUTION:      19979

 

15d.       2014-001272PCA                                                                             (R. SUCRE: (415) 575-9108) 

Pier 70 Mixed-Use Project Planning Code Text Amendments [Board File No. 170864] - Request to Adopt a Recommendation of Approval of a Planning Code Text Amendment for the Ordinance introduced by Mayor Edwin Lee and Supervisor Malia Cohen to amend the Planning Code and establish the Pier 70 Special Use District (SUD). The Pier 70 SUD would facilitate the City’s long-term goal of redevelopment and revitalization of a portion of Pier 70, which is owned by the Port of San Francisco. The Pier 70 SUD would modify specific Planning Code requirements related to permitted uses, ground floor frontage, building standards, lot coverage and rear yard, off-street parking, dwelling unit exposure, open space, off-street loading, signage, and would establish review procedures for phase approvals and building permits for the Pier 70 Mixed-Use Project. The Pier 70 SUD would also incorporate by reference a proposed “Design for Development” for the Pier 70 Mixed-Use Project that provides specificity on land use, open space, streets and streetscapes, parking and loading, buildings, and lighting, signage and art. The project site is currently located within the P (Public) and M-2 (Heavy Industrial) Zoning Districts, and 40-X and 65-X Height and Bulk Districts. The proposed amendments will be before the Commission so that it may recommend adoption, rejection, or adoption with modifications to the Board of Supervisors. 

Preliminary Recommendation: Adopt a Recommendation for Approval

 

               SPEAKERS:          Same as Item 14.

ACTION:               Adopted a Recommendation for Approval, as amended Recommending to the Board of Supervisors and the Port Commission that the SUD is amended to reflect:

                              1. The Project Sponsor Maximize Housing as is feasible; and 

2. Given the future state of the jobs and housing balance in San Francisco is uncertain, they include a provision in the SUD, to establish a reasonable threshold for office development where anything above said threshold would return to the Planning Commission as a CU for their consideration and approval

               AYES:                    Hillis, Richards, Johnson, Koppel, Melgar, Moore

               ABSENT:              Fong

               RESOLUTION:      19979

 

15e.       2014-001272PCA                                                                             (R. SUCRE: (415) 575-9108)

Pier 70 Special Use District DESIGN FOR DEVELOPMENT – Request for Approval of the Pier 70 Special Use District Design for Development (D4D), which outlines the controls, standards, and guidelines specific to the Pier 70 Mixed-Use Project. The proposed D4D articulates a vision and goals for the character of the overall project, and provides specificity on aspects of land use, open space, streets and streetscapes, parking and loading, buildings, lighting, signage and art. The project site is currently located within the P (Public) and M-2 (Heavy Industrial) Zoning Districts, and 40-X and 65-X Height and Bulk Districts.

Preliminary Recommendation: Approve

 

               SPEAKERS:          Same as Item 14.

               ACTION:                              Approved

               AYES:                    Hillis, Richards, Johnson, Koppel, Melgar, Moore

               ABSENT:              Fong

               MOTION:              19980

 

15f.        2014-001272DVA                                                                            (R. SUCRE: (415) 575-9108)

Pier 70 Mixed-Use Project Development Agreement - east side of Illinois Streets between 20th and 22nd Streets –Assessor’s Block 4052 Lot 001 (partial), Block 4111 Lot 004 (partial), Block 4110 Lots 001 and 008A, and Block 4120 Lot 002 (District 10) – Request to Adopt a Recommendation of Approval of a Development Agreement between the City and County of San Francisco and “FC Pier 70, LLC” in association with the Pier 70 Mixed-Use Project. The proposed Development Agreement will address project phasing, delivery of public realm improvements, and public benefits on topics to include affordable housing, new transit and infrastructure, open space, workforce development, historic rehabilitation, preservation of the Noonan artists, and sustainability and sea level rise protection. The Pier 70 Mixed-Use Project would rezone the entire 35-acre project site (including the 28-acre site and the Illinois Parcels) and establish land use controls for the project site through adoption of the Pier 70 Special Use District (SUD), and incorporation of design standards and guidelines in a proposed Pier 70 Design for Development document. Depending on the uses proposed, the Project would include between 1,645 to 3,025 residential units, a maximum of 1,102,250 to 2,262,350 gross square feet (gsf) of commercial-office use, and a maximum of 494,100 to 518,700 gsf of retail-light industrial-arts use. The Project also includes construction of transportation and circulation improvements, new and upgraded utilities and infrastructure, geotechnical and shoreline improvements, between 3,215 to 3,345 off-street parking spaces in proposed buildings and district parking structures, and nine acres of publicly-owned open space. Pursuant to San Francisco Administrative Code Section 56.4(c) the Director of Planning has received and accepted a complete application for the amendment of the above-mentioned development agreement which is available for review by the public at the Planning Department in Planning Department Case File 2014-001272DVA.

Preliminary Recommendation: Adopt a Recommendation for Approval

 

               SPEAKERS:          Same as Item 14.

               ACTION:                              Adopted a Recommendation for Approval

               AYES:                    Hillis, Richards, Johnson, Koppel, Melgar, Moore

               ABSENT:              Fong

               RESOLUTION:      19981

 

16.          2015-005862ENX                                                                    (K. DURANDET: (415) 575-6816)

975 BRYANT STREET - south side of Bryant Street between 7th and 8th Streets, Lot 044   in

Assessor’s Block 3780 (District 6) - Request for a Large Project Authorization (LPA) pursuant to Planning Code Section (§) 329 to demolish the existing 32,407 square foot industrial building, currently authorized as a retail use and parking lot, and to construct a new 4-story (48-foot) over basement, 220,245 sq. ft. mixed-use building with 185 unit residential dwelling units, 2,990 sq. ft. of ground floor retail, and 51,085 sq. ft. of below grade parking containing 135 auto,123 Class 1 and 16 Class 2 bicycle, parking spaces. The proposed building will provide a total of 2,969 sq. ft. of publicly accessible open space adjacent to Kate Street, 1,440 sq. ft. of private open space, and 10,985 sq. ft. of common open space provided in courtyards and a roof deck. Under the LPA the project is seeking exceptions for required Rear Yard (§134), Permitted Obstructions (§136) and Dwelling Unit Exposure (§140). The subject property is located within the UMU (Urban Mixed-Use) Zoning District, and 48-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

(Continued from Regular Meeting of July 27, 2017)

 

               SPEAKERS:          - Steve Vettel – Agreeable to the continuance

               ACTION:                              Continued to September 7, 2017

               AYES:                    Hillis, Richards, Johnson, Koppel, Melgar, Moore

               ABSENT:              Fong

 

17.          2017-004110CUA                                                                            (D. SIROIS: (415) 575-8714)

2867-2899 SAN BRUNO AVENUE - northeast corner of San Bruno Avenue and Woolsey Street - Lot 037 in Assessor’s Block 5457 (District 9) - Request for Conditional Use Authorization, pursuant to Planning Code Section 303, to modify the conditions of approval for satisfying the requirements of the Inclusionary Housing Program through payment of a fee. The project was approved under Planning Commission Motion No. 18782 on January 17, 2013  (Case No. 2010.0627C) and included the demolition of an existing service station and the construction of a new development consisting of five, four-story mixed use buildings containing a total of ten dwelling units with one on-site below-market rate dwelling unit, 15 off-street parking spaces, ground-floor retail spaces and second floor business or professional service uses in a NC-2 (Small-Scale Neighborhood Commercial) 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:  Approve with Conditions

 

               SPEAKERS:          + Jeremy Schwab

               ACTION:                              Continued to September 7, 2017

               AYES:                    Hillis, Richards, Johnson, Koppel, Melgar, Moore

               ABSENT:              Fong

 

18.          2017-001598CUA                                                                          (N. FOSTER: (415) 575-9167)

580 GREEN STREET - north side of Green Street, at the intersection of Columbus Avenue and Stockton Street; Lot 020A in Assessor’s Block 0116 (District 3) - Request for Conditional Use Authorization pursuant to Planning Code Sections 121.2, 178(e)(5), 303, and 722.51 to permit a change of use of a nonconforming use and nonconforming use size. The subject property previously contained a bank (d.b.a. “Citibank”) (a Financial Services Use) and the proposed project would convert the existing 8,405 square foot commercial tenant space into a medical clinic (d.b.a. “North East Medical Services” or “NEMS”) (a Medical Service Use). In service of activating the frontages along Green and Stockton Streets, NEMS proposes two (2) Accessory Use retail spaces totaling approximately 500 square feet, to be used as Retail Sales and Service Uses (e.g. patient consultation; sales of medical devices, or gift shop). Because the existing Financial Services Use is nonconforming and exceeds the use size limits of the Code, the existing use and use size are both considered nonconforming. Even though the proposed Medical Service Use is a principally permitted use in the North Beach Neighborhood Commercial District (NCD), the change of use from the nonconforming use requires Conditional Use Authorization. Minor interior tenant improvements are proposed as part of the project, with no expansion of the existing building envelope. The subject property is located within the North Beach NCD (Neighborhood Commercial) Zoning District, the North Beach Financial Service, Limited Financial Service, and Business or Professional Service Subdistrict, the North Beach Special Use District,  Telegraph Hill and North Beach Residential Special Use District; and 48-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:          = Nick Foster – Staff Report

                              + Wy Lin Chiu – Project presentation

                              = Stan Hayes – Increase area of retail uses

ACTION:               After hearing and closing public comment, adopted a Motion of Intent to Disapprove and continued the matter to September 28, 2017

               AYES:                    Hillis, Richards, Koppel, Melgar, Moore

               NAYES:                 Johnson

               ABSENT:              Fong

 

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.

 

19a.       2016-001185DRP                                                                              (N. TRAN: (415) 575-9174)

711 CORBETT AVENUE - eastern side of Corbett Avenue, near the intersection of Romain Street and Corbett Avenue, Block 2755, Lot 017C (District 8) - Request for Discretionary Review of Building Permit Application No. 2016.05.03.6398, proposing to expand the existing two-story over basement single-family residence and increase the dwelling count to three units located within a RM-1 (Residential-Mixed, Low Density) 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).

Staff Analysis:  Abbreviated Discretionary Review

Preliminary Recommendation:  Take Discretionary Review and Approve with Modifications

 

               SPEAKERS:          = Nancy Tran – Staff Report

-   Speaker – DR presentation

-   Pamela Rhodes – Massive building

-   Gary Revel – Out of scale

-   Susan Kerber – Continue

-   Richard Rubenkan – Out of context

-   Speaker – Out of context

+ Darren Martin – Project presentation

+ Michael Hennessy – Design presentation

+ Connor Johnston – Support

ACTION:               After hearing and closing public comment, adopted a Motion of Intent to Disapprove and Continued the matter to September 28, 2017 with direction from the Commission

               AYES:                    Hillis, Richards, Johnson, Koppel, Melgar, Moore

               NAYES:                 Johnson

               ABSENT:              Fong

 

19b.       2016-001185VAR                                                                              (N. TRAN: (415) 575-9174)

711 CORBETT AVENUE - eastern side of Corbett Avenue, near the intersection of Romain Street and Corbett Avenue, Block 2755, Lot 017C (District 8) - The project requests Variances from the Zoning Administrator to infill under an existing deck and construct additions within the required front and rear yards. Planning Code Section 132 requires a front yard of 6 feet - 5 inches and construction is proposed within ¼ inches of the front property line. Section 134 requires a rear yard of 43 feet - 4 inches and the proposal is within 16 feet – 3 ½ inches of the rear property line. The proposed footprint expansion onto the noncomplying building encroaches within the required average front and rear yards. The project is within a RM-1 (Residential-Mixed, Low Density) Zoning District and 40-X Height and Bulk District.

 

               SPEAKERS:          Same as Item 19a.

ACTION:               After hearing and closing public comment, the ZA Continued the matter to September 28, 2017

              

20.          2015-018225DRP                                                                          (S. JIMENEZ: (415) 575-9187)

171 JUDSON AVENUE - south side between Edna Street and Circular Avenue; Lot 032 in Assessor’s Block 3182 (District 7) - Request for Discretionary Review of Building Permit Application No. 2015.11.09.2182, proposing to alter an existing two-story, single family residence by legalizing and constructing a rear horizontal addition at the first and second floors and a third story vertical addition located within the RH-1 (Residential, One-Family) 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).

Staff Analysis:  Abbreviated Discretionary Review

Preliminary Recommendation:  Do Not Take Discretionary Review and Approve

 

               SPEAKERS:          None

               ACTION:                              Continued to September 7, 2017

               AYES:                    Hillis, Richards, Johnson, Koppel, Melgar, Moore

               ABSENT:              Fong

 

21.          2017-000907DRM                                                             (M. CHRISTENSEN: (415) 575-8742)

761 BRYANT STREET - south side of Bryant Street between 5th and 6th Streets; Lot 046G in Assessor’s Block 3778 (District 6) - Mandatory Discretionary Review pursuant to Planning Code Section 890.133(d) to allow a Medical Cannabis Dispensary (MCD) (d.b.a. “Access SF”) to operate at the subject property within the SALI (Service, Arts, Light Industrial) Zoning District and 40/55-X Height and Bulk District. The MCD would occupy a currently vacant warehouse approximately 4,350 sq ft in size, last occupied by a medical supply wholesaler.  The proposal would allow for both on-site sales of medical cannabis and/or medical cannabis edibles and on-site medication of medical cannabis (e.g. smoking, vaporizing, and consumption of medical cannabis edibles would be permitted at the subject property).  The Project does not propose any on-site cultivation, meaning no live marijuana plants would be kept on the premises for purposes of harvesting medical product. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to San Francisco Administrative Code Section 31.04(h).

Staff Analysis:  Full Discretionary Review

Preliminary Recommendation:  Take Discretionary Review and Approve with Conditions

 

               SPEAKERS ON THE CONTINUANCE:

                                             - Marin Olive – Hear the item today

-   Patrik Gogan – Do not continue

-   Speaker – Allow process to move forward

-   Carson – Hear item today

-   Speaker – Hear them today

-   Robert Ellum – Do not continue

-   Johnny De Laplane – Hear the matter today

-   Rudy Corpus – Hear the matter today

-   Ron Brandon – Hear the matter today

-   Stephanie Tucker – Timing of the continuance

-   Ryan Maltez – Opposed to the continuance

-   Alvin Guerrero – Opposed to the continuance

-   Lee Hopcraft – Opposed to the continuance

-   Barbara Graver – Opposed to the continuance

-   Adam – Opposed to the continuance

-   Brook Carpenter – Opposed to the continuance

-   Nathan Slavic – Hear the items today

-   Kathy Greenspan – Hear the items today

-   Karla Lowell – Hear the items today

-   Ace Washington – Hear the items today

-   Speaker – Hear the items today

-   Kyle Bernel – Hear the items today

-   Speaker – Hear the items today

-   Steph Goodman – Hear the items today

-   Speaker – Hear Access Care today

-   Steve Leads – Do not wait

-   Brendan Hallinan – No negative impact to hearing them today

-   Quintin Platt – Hear us today

-   Rodney Hampton – Hear us today

-   Joseph Reesse – Hear us today

-   Larry Brusca – Hear us today

-   Claudia Mercado – Hear us today

-    John Avalos – Hear the item today

-   Charlie Pathas – Hear the item today

-   Tamara Ritz – Delays much needed benefit

+ Johnny De La Plane – Project presentation

+ Rodney Hampton – Project presentation

+ Speaker – Support

+ Jim Freeburn – Support, integrity

+ Tamara Maritz – Support

+ Steph Goodman - Support

+ Carla Lovell – Support

+ Rudy Corpus – Support                                                         

               SPEAKERS:          = Michael Christensen – Staff Report

ACTION:               After a Motion to Continued failed +2 -4 (Johnson, Koppel, Moore, Hillis against; Fong absent); Took DR and Approved with Conditions

               AYES:                    Hillis, Richards, Johnson, Koppel, Melgar, Moore

               ABSENT:              Fong

               DRA No:                              0546

 

22.          2017-002757DRM                                                                         (N. FOSTER: (415) 575-9167)

79 9TH STREET - east side of 9th Street between Market and Mission Streets; Lot 023 in Assessor’s Block 3721 (District 6) - Mandatory Discretionary Review pursuant to Planning Code Section 202.2(e)(1) to allow a Medical Cannabis Dispensary (MCD) (d.b.a. “Vapor Room Collective”) to operate at the subject property within the C-3-G (Downtown General Commercial) Zoning District and 120-X Height and Bulk District. The MCD would occupy approximately 750 square feet of ground floor commercial space (currently vacant).  The proposal would allow for both on-site sales of medical cannabis and/or medical cannabis edibles and on-site medication of medical cannabis (e.g. smoking, vaporizing, and consumption of medical cannabis edibles would be permitted at the subject property).  The Project does not propose any on-site cultivation, meaning no live marijuana plants would be kept on the premises for purposes of harvesting medical product. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to San Francisco Administrative Code Section 31.04(h).

Staff Analysis:  Full Discretionary Review

Preliminary Recommendation:  Take Discretionary Review and Approve with Conditions

 

               SPEAKERS ON THE CONTINUANCE: Same as Item 21.

               SPEAKERS:          = Nick Foster – Staff Report

+ Speaker – Project presentation

+ Tina Gordon – Project presentation

+ Stephanie Tucker – Project presentation

+ Speaker – Support

+ Steve Leeds – Support

+ Suzanne Ashford – Support

+ Kate Greenspan – Support

+ Sarah Schroder – Support

+ Speaker - Support                      

ACTION:               After a Motion to Continued failed +2 -4 (Johnson, Koppel, Moore, Hillis against; Fong absent); Took DR and Approved with Conditions as amended by Staff

               AYES:                    Hillis, Richards, Johnson, Koppel, Melgar, Moore

               ABSENT:              Fong

               DRA No:                              0547

 

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))

 

Adjournment - 8:27 P.M.

adopted: sEPTEMBER 7, 2017