Planning Commission - December 3, 2015 - Minutes

Meeting Date: 
December 3, 2015 - 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, December 3, 2015

12:00 p.m.

Regular Meeting

 

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

ABSENT:                                  Johnson

 

THE MEETING WAS CALLED TO ORDER BY PRESIDENT FONG AT 1:16 P.M.

 

STAFF IN ATTENDANCE:  John Rahaim – Planning Director, Menaka Mohan,  Kearstin Dischinger, Kimberly Durandet,  Rich Sucre, Delvin Washington, Aaron Starr, 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.

 

                None

 

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

 

1.                   2012.1188C                                                                                                      (A. PERRY: (415) 575-9017)

4201-4211 JUDAH STREET - southwest corner of Judah Street and 47th Avenue; Lot 037 in Assessor’s Block 1806 - Request for Conditional Use Authorization, pursuant to Planning Code Section 185 to allow the continuation of an existing, legal non-conforming tourist motel (d.b.a. Beach Motel). The project is located within a Residential-Mixed, Low Density (RM-1) 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.

                                Preliminary Recommendation: Approve with Conditions

               

                                SPEAKERS:           None

                                ACTION:                                Approved with Conditions

                                AYES:                     Fong, Wu, Antonini, Hillis, Moore

                        ABSENT:                Johnson, Richards

                                MOTION:               19518

 

2.                   2015-012697CUA                                                                                         (C. CLARKE: (415) 575-9184)

1111 TARAVAL STREET - northeast corner of Taraval and 21st Streets, Lot 001 in Assessor’s Block 2404 - Request for Conditional Use Authorization pursuant to Planning Code Sections 303, 741.43, 781.1, and 790.90, for a change of use from a Laundry/Drycleaner (Other Retail Sales and Service use) to a Limited-Restaurant (d.b.a. Tea Papa) located on the ground floor within the Taraval Street NCD (Neighborhood Commercial District), Taraval Street Restaurant Subdistrict, and 65-A Height and Bulk District. This project has been 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:                     Fong, Wu, Antonini, Hillis, Moore

            ABSENT:                Johnson, Richards

                MOTION:               19519

 

3.                   2015-002658CUA                                                                                       (J. DISALVO:  (415) 575-9182)

2937 24TH STREET, 1205 ALABAMA STREET - southeast corner of 24th and Alabama Streets; Lots 023 and 024 of Assessor’s Block 4269 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303, 727.44, and 790.91 to allow a change of use from a Limited-Restaurant to a Restaurant (d.b.a. La Victoria Bakery) within the 24th Street – Mission Neighborhood Commercial Transit District (NCT) and 45-X and 40-X Height and Bulk Districts. 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, Wu, Antonini, Hillis, Moore

            ABSENT:                Johnson, Richards

                MOTION:               19520

 

                 4.            2013.1522CUA                                                                                                (T. CHANG: (415) 575-9197)

24 ORD COURT  - north side of Ord Court; Lot 066 in Assessor’s Block 2619 - Request for Conditional Use Authorization pursuant to Planning Code Sections  303 and 306.7  establishing interim zoning controls imposed by Resolution 76-15 on March 9, 2015 to permit lot coverage of a parcel to exceed 55% and an increase to the existing square footage in excess of 3,000 square feet and/or more than 100% by constructing a new +/-2,500 gross square foot, two-story dwelling at the rear of the existing through lot. The Project is located within a RH-2 (Residential House, Two Family) Zoning 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: Disapproval

Note: This item was originally brought before the Planning Commission as a Discretionary Review item and continued from February 12, 2015, May 24, 2015, June 25, 2015 and August 13, 2015. Interim zoning controls were established in March of 2015, requiring a Conditional Use authorization for the project, as proposed. On September 24, 2015, after hearing and closing public comment, the Commission adopted a motion of intent to disapprove and continued the item to November 19, 2015 by a vote of +6 -1 (Antonini against). On November 19, 2015, the item was continued to December 3, 2015.

(Continued from Regular Meeting of November 19, 2015)

 

                SPEAKERS:           None

                ACTION:                                Disapproved

                AYES:                     Fong, Wu, Antonini, Hillis, Moore

            ABSENT:                Johnson, Richards

                MOTION:               19521

 

C.         COMMISSION MATTERS

 

5.             Consideration of Adoption:

·         Draft Minutes for November 12, 2015

·         Draft Minutes for November 19, 2015

 

                SPEAKERS:           None

                ACTION:                                Adopted

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

            ABSENT:                Johnson

 

6.             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 thank staff planner Andrew Perry for a thoughtful update to the Commission on 115-117 Plymouth Avenue, that is a building which we spent a discussion on, when we heard it was a very innovative way for adding residential over an active PDR retail type use and for whatever reasons the Code required this now converted to residential. A nice package was included, which was substantive, really explaining what they did and I appreciate being in receipt of this kind of an update. The second point I'd like to do is to ask the Director if at some point probably not today he could speak to us and comment on an article in the paper about the online permit tracking system which is mired in bugs according to an article that I just read the day before yesterday. I was very sad because this commission not only wholeheartedly and enthusiastically supported the Department in joint effort working with DBI, but what happened? I assume that the criticism leverage in this article speaks more to DBI and something having fallen between the cracks there, it’s not to pass judgment, but I would like to see an update as we, ourselves, consider that to be an incredibly correct step in the right direction coming in the 22nd century. So if you could perhaps spend a second explaining.

 

Director John Rahaim:

Thanks, commissioners, yes the article described the delays in the system. The Planning Department went live with our portion of the system in October of last year and DBI has been delayed due to some process issues between them and the vendor and we have set up, for lack of a better word, a kind of work around, so that we can use the portion of the system until they become live. We have been doing that, one of the issues that we'll have to address in the coming months is when we might go live with the public access component of the system and we're still considering that at this point. 

 

Commissioner Moore:

Could you then at some other point, perhaps once you talk to DBI, explain to us in terms of how it might make your own work harder or if it doesn't matter; at least, I think, it will be good that we at least stay on track with what we need to do however, what additional work do you have to do in order to help create the best results.

 

Director John Rahaim:

Happy to do that. Thank you.

 

Commissioner Antonini:

I know it’s not within our jurisdiction, but would like to get some kind of an update on what parking and traffic has planned for Masonic Avenue because I’ve heard stories that they’re going to limit the number of lanes of traffic or eliminate the parking and put in bike lanes and all of other things cause that's the only conduit coming north-south for one going in that direction by car and it moves fairly well but it’s still pretty crowded; then if they minimize it anymore it’s going to make it really difficult for people to get from one side of the city to the other and unfortunately, we have no public transportation in its own right of way that moves north and south so it forces more people into their cars than if we did; I'm interested in hearing about that. The other thing I've brought up a couple of times is what we're doing with land out in the Livermore Valley, its actually near the city of Pleasanton and I know the city of San Francisco owned this land for years and years. It was actually SFPUC, originally Spring Valley Water Company and now talking to a friend of mine out in that area, he says the city of San Francisco sold most of it to the city of Pleasanton and there’s houses being built on there and I'm wondering, you know we deal with land use not only within the city, but the city's possessions of land outside the city; be interested to finding out when was it sold, what was it sold for, what was the thinking. I understand there’s still a portion of that land that’s still owned by the city of San Francisco, but it’s not a very large portion, but it certainly is being well-developed and we could have done that ourselves or kept the land and leased it out to them. So anyway just interested in finding out about it.

 

Commissioner Richards:

Five things, I'll be brief, first on the online tracking system, Director Rahaim, I understand that it would measure the time between activities between Planning and DBI that could be looked at to say: hey this is why things take so long. You could actually get a good overview of why a permit went through all the way to time the shovel is in the ground, you really understand what happens. It is a really valuable tool, can you comment on that?

 

Director John Rahaim:

Sure yeah, the system allows us a very detailed time keeping potential where every step of the process is logged in essentially, not only between us and DBI but between the city and the project sponsor and so every step is logged in.

 

Commissioner Richards:

Wow, I think that’s revolutionary in terms of us understanding what really goes on so I completely support get going as fast as possible.

 

President Fong:

Commissioner I'm sorry. I think just before your arrival to the commission there were a few of us who did some beta test. We were able to sample and feel and hopefully there’ll be an opportunity for you to do that and sort of play with it you’ll understand the benefit; you're right on track with that.

 

Commissioner Richards:

A couple of more things, while we were on break awful commute getting worse. I experienced trying to get on the Bay Bridge one morning from Deboce onto the actual bridge it took 45 minutes. We're approving a lot of projects where the developer asking for additional parking because the transportation is not catching up with it just because the way the process works. We hear a lot of issues from Potrero Hill specifically; we had a project last week which we approved with as-of-right, what was almost one for one parking. I think this is a real lesson for us; we can’t keep adding residents and cars as well. We got to make sure the transportation catches up and people start relaying on that and if they do have cars they’re used occasionally, not for regular daily use, especially when we have the Super Bowl coming up. Another thing that I read was comedian Nato Green did an article on the Affordable Housing Density Bonus Program and I was kind of like, what is a comedian doing writing a thing about Affordable Housing Density Bonus Program? This was in the Examiner on Sunday the 29th; actually it was really on target article. He covered a lot of the issues that were raised by the community and if you haven’t had a chance to read it I think that’s a good thing to take a look at. I laud the mayor for announcing he wants to up the ante on affordable housing I think that’s fantastic. We've been struggling with this every project we approve we go further and further in the hole. I did read an article that it was an exchange for – there’s got to be kind of a give back to make the process more efficient I'm waiting to hear what that actually is going to be in terms of public review, lack of public review maybe some efficiency in the system once we get permit tracking system up etcetera, there’s some fertile ground for this. Then lastly I laud Supervisor Wiener for calling a quarterly meeting on short term rental enforcement. I think we’re not quite there yet in terms the number of people that we want to register. I think there’s still fertile ground for really understanding what the extent of the enforcement problem is and I think this is a very welcome idea and I am going to certainly attend everyone I can.

 

Commissioner Moore:

One additional point to put on the Director’s long list of questions; congestion management, emergency response during the tour bus accident on Union Square, I was a block away and the entire city 10 blocks out in all direction literally came to a standstill. While that resolved itself, I was concerned what this would really mean in an acute emergency of whatever consequence. I just want to let you perhaps raise that question at some point with some other people.

 

D.         DEPARTMENT MATTERS

 

7.             Director’s Announcements

 

                                Director John Rahaim:

Thanks Jonas, just a couple of quick announcements on upcoming public meetings, commissioners, this is in the written Director's Report but just for your benefits and the public’s benefits, the Central SOMA Plan we're conducting an open house next Wednesday the 9th from 6-8 pm at SPUR at 654 Mission and the specific purpose of this public open house is to talk about the public benefit package and the tradeoffs of the public benefit packages we're proposing in that plan. Again SPUR from 6-8 pm on December 9th. Secondly, a public meeting on the Affordable Housing Bonus Program, which is on your calendar for today, this is next Thursday the 10th from 7 to 8:30 at the African-American Art and Culture complex on Folsom Street.  So those two meetings are open to anyone in the public we encourage you to attend thank you.

 

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

 

                        NOVEMBER 23-27

LAND USE COMMITTEE:

 

151121 Planning Code - Establishing a New Citywide Transportation Sustainability Fee. Sponsor: Mayor, Wiener, Breed, Christensen and Cohen. Staff: Teague, L. Chen. The Transportation Sustainability Fee is a new citywide impact fee that will replace the existing Transit Impact Development Fee. The Planning Commission heard the original proposal on September 10 of this year, and voted unanimously to recommend approval with modifications of the ordinance[1]. The original ordinance was approved by the Board of Supervisors, signed by the Mayor, and will take effect on December 25. However, the Board duplicated the file and sent it back to the Land Use Committee to finalize how the new fee would apply to non-profit hospitals. The duplicated ordinance includes a provision that subjects all hospital projects to the fee based on the percentage of net new licensed inpatient beds at a rate of $19.04 per gross square foot. Additionally, the fee was amended for health services, which only provide outpatient care, to apply only to floor area above 12,000 square feet at a rate of $11.00 per gross square foot. At the Land Use Committee hearing, the Hospital Council and the Chamber of Commerce thanked Supervisor Cohen and staff for working with them on the final language. Supervisor Cohen thanked the Hospital Council and staff for working out the compromise. After comments, the Committee then voted unanimously to forward the ordinance to the full board with a positive recommendation.

 

151063, 151062 General Plan Planning Code, Zoning Map Amendments - 525 Harrison Street. Sponsor: Kim. Staff: Sucre. These amendments would accommodate a proposed project at 525 Harrison Street, which includes construction of a new 23-story residential tower with 205 dwelling units, 575 gsf of ground floor retail spaces and 103 below-grade parking spaces. On September 24, of this year, the Planning Commission recommended approval of the proposed amendments, which include: an amendment to the Rincon Hill Area Plan to address tower spacing and tower bulk requirements; a Planning Code Text Amendment to add criteria to the Planning Code to allow for exceptions to the tower bulk, upper tower sculpting, and tower spacing requirements for the subject property; and, a proposed Zoning Map Amendment to decrease the height limit from 65/400-R to 65/200-R for this property. At the Land Use hearing, there was no public comment. Supervisor Kim expressed support for the project and also increased the inclusionary requirement from 12% to 15%. This was allowed because the development potential of the property was sufficiently increased by these legislative amendments. After comments, the Committee voted unanimously to forward the three amendments to the Full Board with a positive recommendation.

 

FULL BOARD OF SUPERVISORS:

Canceled for Thanksgiving


NOVEMBER 30- DECEMBER 4

LAND USE COMMITTEE:

 

151126 Planning Code, Zoning Map - Establishing the Japantown Neighborhood Commercial District. Sponsor: Breed. Staff: Wertheim. This ordinance would create the Japantown NCD, which generally includes properties between Geary Boulevard and Post Street from Fillmore Street to Laguna Street. This Commission heard this item on October 22nd, and voted unanimously to recommend approval with modifications to the Board of Supervisors. The Commission’s proposed modification was to require the five foot bonus along the full retail street frontage for a minimum depth of 25 feet. This recommendation was incorporated into the Ordinance reviewed by the Land Use Committee. At the Land Use Committee, two members of the community spoke in support of the proposed ordinance. Members of the Land Use Committee thanked Planning Staff for their extensive work on this project and also congratulated the community for their hard work on the creation of the new NC District. After comments, the Committee then voted unanimously to recommend the item to the full board with a positive recommendation.

 

FULL BOARD OF SUPERVISORS:

 

150587 Building and Planning Codes - Notice to Tenants of Dwelling Unit Merger or Demolition. Sponsors: Wiener; Tang. Staff D. Sanchez. PASSED Second Read

150932, 150787, 150788 General Plan, Planning Code, Zoning Map Development Agreement - Fifth and Mission Special Use District. PASSED Second Read

150622 Administrative, Planning Codes - Preferences in Affordable Housing Programs. Sponsors: Mayor; Christensen, Cohen, Breed and Wiener. Staff: Mohan, PASSED Second Read

150271 Planning Code, Zoning Map - Rezoning Properties on Ocean Avenue. Sponsor: Yee. Staff: D. Sanchez. Passed First Read

151062, 151063 General Plan, Planning Code, Zoning Map Amendments - 525 Harrison Street. Sponsor: Kim. Staff: Sucre. Passed First Read

151121 Planning Code - Establishing a New Citywide Transportation Sustainability Fee. Sponsors: Mayor; Wiener, Breed, Christensen and Cohen. Staff: Teague, L. Chen. Passed First Read with technical amendments

22 Ord Court CU Appeal. This was appeal of the Conditional Use Authorization to permit the new construction of a new, two-story-above-grade, house at the rear of the lot. This structure will be approximately 3,100 square feet. The Commission held a total of three hearings on this proposal as well as the proposed project next door at 24 Ord Court, owned by the same applicant. After the first DR hearing, the Commission requested changes to reduce bulk and parking among other issues. At the second hearing, the Commission shared the appellant’s concerns about the proposed removal of the mature trees at 24 Ord Court. At this time, the Commission requested that the Sponsor present an alternative to keep the trees. By the time of the Commission’s third hearing in March of this year, the Board had enacted the Interim Controls for Monster Homes in the Corona Heights Neighborhood. In addition to the standard CU criteria, the Interim Controls now also require findings that alternative projects would be infeasible. Based on testimony from the appellant, the Commission granted Conditional Use Authorization for 22 Ord Court and passed a motion of intent to deny the other project at 24 Ord Court, the property with the trees that would have been removed. The Commission is expected to formally disapprove the other project during today’s hearing. At the Board hearing this week, Supervisor Wiener announced an agreement that would allow the project at 22Ord Ct. to proceed, with further modifications[2]. The Board imposed all of the Commission’s conditions plus new conditions on massing, ground floor use, the roof deck, the rear yard setback, and a tree protection plan for any construction at 22 Ord Street that would be under the trees at 24 Ord Street.

 

Appeal of a subdivision at 40 Bernal. Although final subdivision approval is done by DPW, in this case, most of the issues raised by the appellant concerned planning issues. This proposed subdivision would divide one large lot into 4 smaller code-compliant lots. The appellant’s primary concern was that adding four houses here would be out of scale with the neighborhood. Staff replied that Bernal is a neighborhood of small houses on small lots. If the subdivision created 3 lots instead of 4, as the appellants sought, it may result in 3 larger homes. The Planning Department contended that building 4 smaller homes is more consistent with the character of the neighborhood, and the creation of 4 homes on code-complying lots would be better policy given our current housing crisis. At the hearing, staff stated that the issues raised by the Appellant are best addressed as part of the development review, not as part of the subdivision request. All four homes will still need to be reviewed by the Planning Department for compliance with the Planning Coe and Residential Design Guidelines and notices will be sent out the neighborhood for each project. If Discretionary Review is requested, staff, the public and the Commission, can contribute to the discourse on massing. As Supervisor Campos’s home is within 500’ of the project, he was conflicted out of participating. Supervisor Avalos led the inquiry and agreed with staff that the subdivision should be issued so he moved to approve the subdivision. Since the CEQA appeal window has closed for this project, there are only two appeal avenues remaining for the appellants: DR request and appeal of the building permit.

 

Commission Secretary:

Commissioners, I don’t believe there’s a report from the Board of Appeals as there was no hearing. Yesterday, the Historic Preservation Commission did meet as did two of its committees. The Historic Preservation Commission reviewed a potential façade retention policy that is in the works and realizes that in most instances it would have to be resolved on a case by case basis, but did suggest that potentially 10 examples could be brought before the Historic Preservation Commission to see if there’s any common strain for consensus for any future guidance as a part of that policy. The Architectural Review Committee then met on the 1500 Mission Street project and encouraged the project sponsor to strengthen its preservation alternative. The Cultural Heritage Asset Committee then met and received a presentation from the San Francisco Arts Commission which discussed potential for cultural heritage districts.

 

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 – Demo vs remodel

                                                                Mark Babsin – 150 Van Ness update

                                                                Charles Head – Outreach, district centric public meetings

                                                                Hiroshi Fukuda– Affordable Housing Bonus meeting in the Sunset

                                                                Seyed Amiry – Demolition disruption

                                                                Dane Kappeler – Affordable housing rate definition

                                                               

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.

 

9.          2015-012718PCA                                                                    (M. MOHAN: (415 575-9141)

Affordable Housing AS A Principal Use [Board File 150914] - Planning Code Amendment to permit affordable housing as a principal use and not requiring a conditional use permit, Section 309 review or large project authorization for affordable housing, except where residential uses are prohibited by the zoning, located in RH zoning districts or on designated public open space or property under the jurisdiction of the Recreation and Parks Department; and affirming the Planning Department’s determination under the California Environmental Quality Act; Planning Code, Section 302 findings; and making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1.

Note: This Board File was revised on November 11, 2015 to narrow the scope of the proposed ordinance.  It no longer includes the 100% affordable housing projects in P Zoned Districts component. 

Preliminary Recommendations: Adopt a Recommendation for Approval with Modifications

(Continued from Regular Hearing of November 5, 2015)

 

                SPEAKERS:           = Menaka Mohan – Staff presentation

                                                + Supervisor Weiner – Legislation presentation

                                                + Pat Scott – Booker T Washington affordable housing process

                                                - George Wooding – Request for Continuance to January 28th

                                                = Ian McClane – Not enough time to review

                                                - Tes Welborn – Tiered affordable housing

                                                - Eileen Roakin – Request for continuance

                                                - Paul Webber – Issues and concerns

                                                = Charles Head – Outreach, better process

                                                Ally Gaylord

                                                + Reb Poole – Move the legislation forward

                                                + Kristy Wang

                                                + Mike – Why object to affordable housing?

                                                + Jay Chang – Support

                                                + Michael Dousseff – Support

                                                - Hiroshi Fukuda – Bad mistake

                                                = Roger Ritter – Support for continuance

                                                = Joseph Smooke – Continue to January 28th

                                                - Mary Eliza – Request for continuance

                                                = Sue Hestor – Community outreach, continuance

                                                - Lori Liederman – Consistency

                                                = Fernando Marti – CCOO was not consulted

                                                - David Elliot-Lewis – Nimbyism

                                                + Tim Dunn – Funding deadlines

- Calvin Welch – Curiously written legislation references to state law definition

- Dennis Moscofe – Critics and doubters

- Katherine Howard – Request for continuance

= Nick Pasquerello – Affordable housing need, request for continuance

Barbara Graham – Issues and concerns

ACTION:                After hearing and closing public comment; a Motion to Continue to January 21, 2016 failed +3 -3 (Antonini, Hillis, Fong against; a Motion to Adopt a Recommendation for Approval as amended by staff, including the removal of grocery stores and theaters from the legislation, and consideration to ground floor commercial uses failed +3 -3 (Moore, Richards, Wu against); by default, the matter is forwarded to the BoS with a Recommendation for Disapproval, pursuant to the Commission Rules & Regulations and Planning Code Section 302(c).

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

            ABSENT:                Johnson

            RESOLUTION:      19522

 

10.                                                                                                                           (K. DISCHINGER: (415) 558-6284)

HOUSING POLICY INFORMATIONALInformational discussion of the Citywide Division’s Housing Policy work.

Preliminary Recommendation:  None – Informational

 

                SPEAKERS:           = Gil Kelley – Housing presentation

                                                = Kirstin Dischinger – AHBP Informational presentation

                                                = Paolo Ikezoe – Staff presentation, soft sites

                                                = Amanda Lopez – Study cases

                                                = (M) Speaker – Outreach, displacement, rehab

                                                - Calvin Welch – Incent demolition, NC controls

                                                + (M) Speaker – For middle income households

+ Michael Dousseff – Viable solutions from opponents to the housing situation?

+ Michael Murphy – Excited for the program

+ Kristy Wang – SPUR support

- (M) Speaker – Tenderloin does no need this program

- Joseph Smooke

= (M) Speaker – Outreach, clarity

- Patricia Craham – Still have concerns

- Ken Fujioka – Opposed, impacts to Chinatown, gentrification

- Hiroshi Fukuda – Many issues

- Scott Weaver – Unwieldly and unenforceable

- (F) Speaker – Pipeline development

+ Tim Colen – Excellent work

- Theresa Imperial – Rent controlled having affordable housing translate the information

- Tes Welborn – Hard to keep up. Developer’s wet dream, not a housing solution

- Stan Hayes – THD opposition

- Eileen Roakin

- Laurie Wiederman

- Katherine Howard

- (M) Speaker – Windows

= Silvia Johnson

+ (F) Speaker

= Toney Kelley – Transit has not kept up with housing

+ Steve Vettel – State law mandates a density bonus program

- Janet Carpinelli – More consideration

- Sue Hestor – Ask City Attorney for an analysis of the law

Alice Rogers

                ACTION:                                None - Informational

 

11.          2014-001503PCA                                                                    (M. MOHAN: (415 575-9141)

AFFORDABLE HOUSING BONUS PROGRAMInformational Presentation regarding the proposed Planning Code Amendment to create the Affordable Housing Bonus Programs, consisting of the Local Affordable Housing Bonus Program, the 100 Percent Affordable Housing Bonus Program, the Analyzed State Density Bonus Program and the Individually Requested State Density Bonus Program, to provide for development bonuses and zoning modifications for affordable housing, in compliance with, and above those required by the State Density Bonus Law, Government Code, Section 65915, et seq.; to establish the procedures in which the Local Affordable Housing Bonus Program and the 100 Percent Affordable Housing Bonus Program shall be reviewed and approved; and amending the Planning Code to exempt projects from the height limits specified in the Planning Code and the Zoning Maps; and affirming the Planning Department’s determination under the California Environmental Quality Act; and making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1.

Preliminary Recommendation:  None - Informational

 

                SPEAKERS:           Same as Item 10.

                ACTION:                                None - Informational

 

12.        2011.0671X                                                                                                       (R. SUCRE: (415) 575-9108)

1395 22nd  STREET/790 PENNSYLVANIA AVENUE - located on the north side of 22nd Street at Texas Street and on the west side of Pennsylvania Avenue between 22nd and 25th Streets, Lots 011 & 013 in Assessor’s Block 4167 - Request for a Large Project Authorization (LPA), pursuant to Planning Code Section 329, for the new construction of a three-story industrial building (measuring approximately 47,575 gross square feet) on Pennsylvania Avenue, and a four-to-eight-story (respectively measuring 40-ft from existing grade on Pennsylvania Avenue, and 33-ft above curb height along Missouri Street) residential building (approximately 297,159 gross square feet) on 22nd Street with 250 dwelling units, 213 off-street parking spaces, four car-share parking spaces, 138 Class 1 bicycle parking spaces, and 15 Class 2 bicycle parking spaces. The project includes private and common open space, as well as a publically-accessible open space via a new stairway and landscaping along 22nd Street between Missouri and Texas Streets. Under the Large Project Authorization, the project is seeking exceptions to the requirements for: rear yard (Planning Code Section 134), dwelling unit exposure (Planning Code Section 140), and off-street parking (Planning Code Section 151.1). The subject property is located within the UMU (Urban Mixed-Use) Zoning District, PDR-1-G (Production, Distribution and Repair-General) Zoning Districts, 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.

Preliminary Recommendation:  Approve with Conditions

(Continued from Regular Hearing of November 12, 2015)

                                              

                                SPEAKERS:           = Rich Sucre – Staff presentation

                                                                + Steve Vettel – Project presentation

                                                                + Michael Levitt – Design presentation

                                                                - Ron Miguel – Continue

                                                                - Tony Kelley – Design

                                                                + (M) Speaker – Support (Local 22)

                                                                + Dan Redman – Project is fine the way it is

                                                                + Monica Gillan – Welcome fitting addition

                                                                + Armand Darmusky – Approval time neighborhood scale

                                                                + Rick Hall – On site BMR

                                                                + Jude Deckenbach

                                                                = (F) Speaker – Designed with smaller spaces, continuance

                                                                 Silvia Johnson – Inaudible

                                                                + Susan Eslick – Support

                                                                + Janet Carpinelli – Support, more parking

                                                                + Sean Kiegran – Outreach, community benefits, compromise

ACTION:                Approved as Amended to allow a 0.83 parking ratio with appropriate findings, and to return to the Commission for an informational design presentation, no later than the end of February 2016.

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

                                ABSENT:                Johnson

                        MOTION:               19523

 

13a.        2013.1545B                                                                                            (K. DURANDET:  (415) 575-6816)

645 HARRISON STREET - located on the southeast corner of Harrison Street and Vassar Place, Lot 105 in Assessor’s Block 3763 - Request for an Office Development Authorization, pursuant to Planning Code Sections 321, 322 and 818.48 to retain 32,988 sf of industrial/PDR (Production Distribution and Repair) and 14,520 sf of legal office space and convert the remaining 98,964 sf of industrial/PDR to office.  The project also includes the installation of 74 Class 1 and 7 Class 2 bicycle parking spaces, 4 showers, and 24 lockers.  No exterior alterations are proposed, all work will be done as tenant improvements. The subject property is located within the SOMA Service/Secondary Office Zoning (SSO) 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.

Preliminary Recommendation:  Approve with Conditions

 

                SPEAKERS:           = Kimberly Durandet – Staff presentation

                                                + Ilene Dick – Project presentation

                                                + John Elberling – Support

                                                = Sue Hestor – Permanent PDR

                ACTION:                                Approved with Conditions

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

                ABSENT:                Johnson

            MOTION:               19524

 

13b.        2013.1545V                                                                                            (K. DURANDET:  (415) 575-6816)

645 HARRISON STREET - located on the southeast corner of Harrison Street and Vassar Place, Lot 105 in Assessor’s Block 3763 - Request for Usable Open Space Variance, pursuant to Planning Code Sections 135, 307(g) and 306 to not provide the required 1,100 sf of usable open space for the conversion of 98,964 sf of industrial/PDR to office. The subject property is located within the SOMA Service/Secondary Office Zoning (SSO) District and 40-X Height and Bulk District.

 

                                SPEAKERS:           Same as Item 13a.

                                ACTION:                                After hearing and closing public comment; ZA indicated an intent to Grant

 

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, expe

diters, and/or other advisors.

 

14.          2014.0533DRP                                                                                           (T. KENNEDY: (415) 575-9125)

1235 SANCHEZ STREET - east side between 25th Street and Clipper Street; Lot 024A in Assessor’s Block 6549 - Request for Discretionary Review of Building Permit Application No. 2014.08.19.4190, proposing a vertical and horizontal addition of the existing third floor on an existing three-story, one-unit residential building on within an 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 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

                                                                - Silvia Johnson – Inaudible

                                                                + Patrick Perez – Project presentation

                                                                + (M) Speaker - Support

                                ACTION:                                No DR, Approved as proposed

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

                ABSENT:                Johnson

                            DRA No:                                0442

 

15.        2014-001088DRP                                                                                      (T. KENNEDY: (415) 575-9125)

1430 36TH AVENUE - east side between Judah Street and Kirkham Street; Lot 033 in Assessor’s Block 1818 - Request for Discretionary Review of Building Permit Application No. 2014.10.10.8615, proposing a horizontal addition in the rear of an existing one unit residential building within an RH-1 (Residential House, 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 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:           None

                ACTION:                                Continued to February 11, 2016

                AYES:                     Fong, Wu, Antonini, Hillis, Moore,

            ABSENT:                Johnson, Richards

 

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 - 10:09 P.M.

ADOPTED: December 17, 2015

 

[1] Make non-profit hospitals subject to the fee, modify the grandfathering provision for residential projects, consider increasing the fee based on the nexus and feasibility analysis, and revise the timeline for a new feasibility study from at least every 5 years to at least every 3 years

 

[2]Massing. The existing structure fronting 22 Ord Court shall be limited to three stories, not to exceed a height of 31 feet 2 inches, with exception of permitted height exemptions, such as a stair penthouse. The third level may be expanded to the full width of the lot: 25 feet.

Ground Floor Usage. Conversion of unconditioned space on the ground floor of the existing structure at 22 Ord Court may occur, along with associated excavation necessary for said space to comply with all applicable Codes regarding head height.

Roof Deck. The roof deck above the third floor of the existing structure fronting 22 Ord Court must be set back at least 25 feet from the front property line. The area shall be enclosed by a sound-rated glass railing no taller than 42 inches. The roof deck above the second floor of the proposed structure at the rear of 22 Ord Court fronting States Street shall be set back at least 20 feet from the rear property line. The roof deck shall be enclosed by a sound-rated glass railing no taller than 42 inches. All glass must be treated with bird-safe glazing as the subject property is located within 300 feet of an urban bird refuge.

Setback. The property shall provide a 6-foot setback from the rear property line. The area within the setback shall be at least 50% permeable. Additionally, no less than 20% of the setback area shall be and remain unpaved and devoted to plant material, including the use of climate appropriate plant material as defined in Public Works Code Section 802.1.