Planning Commission - February 16, 2017 - Minutes

Meeting Date:

February 16, 2017 - 12:00pm

Location:

D. DEPARTMENT MATTERS

5. Director’s Announcements

Director Rahaim:

Good afternoon Commissioners, just one announcement today. I wanted to let you know, that the Mayor had appointed me to be one of the City’s representatives on the ABAG Executive Committee. The Association of Bay Area Governments Executive Committee that is a Board made up by members from all across the region of course. The City has five seats on that committee, three appointed by the Mayor, and two others by the Board of Supervisors. He has appointed me, and each position has an alternate, so AnMarie Rodgers will be my alternate. The other appointments are the Mayor himself and Tod Rufo, the Director Office of Economic Workforce Development. So, our first meeting is actually this evening, maybe once a month on Thursday evenings. So, occasionally I may have leave these meetings early to attend, but I wanted to let you know that I am pleased to be part of that and also allowing us to be more involved in the regional matters as we’ve been trying to do for the last couple of years. Thank you.

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

LAND USE COMMITTEE:

• 160748 Planning Code - Amusement Arcades in South of Market and Eastern Neighborhoods Mixed Use Districts. Sponsor: Kim. Staff: Starr.

First on the Land Use agenda was an ordinance, sponsored by Supervisor Kim that would allow Amusement Game Arcades in the South of Market and Eastern Neighborhoods Mixed Use Districts. Commissioners you heard this item on September 29 of last year. You recommended Approval with the modification to limit the ordinance just to the SLI zoning district. This recommendation came after the Supervisor Kim indicated that she wished to limit the ordinance just to the SLI zoning district.

This item was continued last week for one week so that the City Attorney’s office could fix some formatting errors in the ordinance. At this week’s hearing, there was very little discussion by the Committee members. With all the formatting errors fixed, and the changes only applying got the SLI zoning district, the Committee voted to recommend the item to the Full Board with a positive recommendation.

• 161066 Planning Code - Waiving Fees and Exempting Requirements, Authorizing Land Dedication or Construction of Off-Site Units, Establishing 180 Jones Street Affordable Housing Fund, Accepting a $2,000,000 Gift, Authorizing Payment - 950-974 Market Street. Sponsor: Kim. Staff: Asbagh. Item 4

• 161249 Conveyance of Real Property - 180 Jones Street - Mayor’s Office of Housing and Community Development - $1. Sponsor: Kim. Staff: Asbagh. Item 5

Last on the Land Use agenda was an ordinance related to 950 Market Street. The Planning Commission considered this proposed ordinance on November 17, 2016, at the same time they considered the entitlements for 950 Market Street. This proposed Ordinance would modify existing requirements for that development in exchange for a unique affordable housing product to be provided by the City at 180 Jones.

You’ll remember that when the Committee heard this ordinance last week, both Supervisors Peskin & Farrell expressed disappointment in Planning & MOHCD for not vetting the fiscal impacts more thoroughly. The Committee unanimously voted to continue the ordinance one week so that staff could provide additional information to the Board.

This week, staff conveyed updated numbers to the Committee that reflected the additional $1M contribution made by the project sponsor, including $300k for TLGBQ historic district, and an additional $700k gift to the city for affordable housing. PUC staff was able to confirm that the project sponsor’s estimated costs of the Grey Water requirement at $1.75M were accurate. TDR sales costs were estimated at $25/SF as the min. required price. Supe. Peskin noted that actual costs could be much higher. Lastly, some of the financing assumptions were also revised.

When all was totaled, the project sponsor is estimated to spend $1.8M more under the proposed ordinance than would otherwise be required by existing law.

During the hearing, Planning Staff supported the Board’s interest in establishing a fiscal vetting process for such complicated ordinances. Planning staff would welcome fiscal analysis by experts to aid with the Commission’s review. Just as the Board had concerns about a complete fiscal understanding of the project at the hearing; staff and the commission had struggled to evaluate the proposal when it was before them.

During public comment, the attorney for the project sponsor noted that in addition to the community benefits provided through the ordinance, the project sponsor was also donating $5M of voluntary contributions to community nonprofits. This donation would cover 2,000 sf of free art space, community training, public safety training, workforce development housing, an LGBT interpretive program, and an agreement with Local 2. As the item ended, the Committee voted unanimously to recommend approval of the Ordinance to the Full BOS.

FULL BOARD:

• 161064 Administrative, Planning Codes - New Hotels and Motels Near Places of Entertainment. Sponsor: Breed. Staff: D. Sanchez. Passed First Read

• 170024 Hearing - Appeal of Determination of Infill Project Environmental Review - Proposed Project at 1296 Shotwell Street. Staff: Gibson.

Also this week, the Board heard the appeal of the environmental determination for the 100% affordable senior housing project at 1296 Shotwell Street.

The project consists of demolishing a one-story industrial building to construct a nine-story building with 94 dwelling units (93 of them affordable), including 20 units for formerly homeless seniors, and zero vehicular parking. Commissioners, you approved this project on December 1 of last year and granted authorization for a height increase of 19 feet above the 65 foot height limit. This was the City’s first 100% Affordable Housing Bonus Program project.

On December 30, 2016, the Inner Mission Neighbors Associated appealed the Infill Project Determination issued by the Planning Department.

The Board’s appeal hearing lasted approximately 2 hours. Appellants claimed that the environmental review was faulty because the Infill Project Determination relied upon the Eastern Neighborhoods EIR and that EIR, they claimed, is “out-of-date”. Planning staff explained that EIRs do not have expiration dates and that staff relied upon a streamlined environmental review process for qualified infill projects created by the State in 2011.

The Appellants also argued that the Infill Determination was inadequate because it did not identify significant impacts from gentrification. A member of a Mission group who has appealed market-rate housing projects spoke in support of the environmental determination, and noted that the Appellant borrowed the gentrification argument from their appeals and erroneously applied it to this affordable project. Staff noted that the 1296 Shotwell project would create low-income housing without displacement of existing housing.

Supervisor Ronen and several speakers took offense at the Appellant’s argument that project would create vagrancy, blight, vandalism, and crime. The supervisor questioned how the Appellant could say they support affordable housing but then equate the proposed project with undesirable outcomes of this nature.

Finally, Supervisor Ronen took issue with the Appellant’s argument that the proposed building height of 84 feet is too tall. Noting that we have an “acute housing crisis in San Francisco,” Ronen stated that we need to build “taller and denser” when it’s affordable housing, wherever appropriate, at locations like the project site along Cesar Chavez.

Even though it was Valentine’s Day, The Board was not feeling the love with any of the Appellant’s arguments, and chose instead the affordable housing project as its valentine by voting 11-0 to uphold the Department’s environmental determination.

• 170162 Urging the Planning Commission to Adopt General Plan Amendments Defining Family-Friendly Housing. Sponsor: Yee, Ronen, Safai, Sheehy, Kim, Breed, Peskin, Fewer, Cohen, Tang and Farrell. Staff: Exline. Unanimously Adopted

INTRODUCTIONS:

From Last week-

• 170162 Urging the Planning Commission to Adopt General Plan Amendments Defining Family-Friendly Housing. Sponsor: Yee, Ronen, Safai, Sheehy, Kim, Breed, Peskin, Fewer, Cohen and Farrell. Staff: Exline.

• 170156 Planning Code, Zoning Map - Production, Distribution, and Repair Controls; Eliminating the Transit-Oriented Retail Special Use District, and Correcting Height Limits in the UMU District. Sponsor: Mayor, Ronen. Staff: TBD

BOARD OF APPEALS:

The Board of Appeals did meet last night. One item that might be of interest to the Commission is the denial of a sign permit for 501 Geary Boulevard and is a hotel. It submitted a permit for change of copy on in 2015. We very promptly gave them a response about the sign didn't meet our guidelines. We did not hear a response from them and early last year they requested a cancelation of the permit and staff found that they actually had installed the sign already, so we continued with the enforcement process. We denied the sign permit because they did not revise it in a way that they could meet our guidelines. We issued our notice of violation last year. It was never appealed, but the denial of the permit was appealed to the Board of Appeals. There were some mixed opinions on the denial of the permit, but the denial was upheld ultimately by default last night and penalties have been occurring since October and it is about $25,000 at this point. So, we’ve instructed the appellant that they should get a permit to remove the sign and come in with a compliant sign. Thank you.

HISTORIC PRESERVATION COMMISSION:

Good Afternoon Commissioners, Tim Frye, Department staff, here to share with you, just one item from yesterday’s Historic Preservation Commission hearing, and it fact the item
was also heard by the HPC Cultural Heritage Assets Committee, both the CHAC and the HPC met to discuss and debrief on the Legacy Business Program. The program has been sort of in progress since June of last year, and this was their opportunity to ask the Department questions, and the Office of Small Business questions, about how processing applications not only for the registry but for the funds have been moving along. What we have discovered is based on feedback from the Commission and the Heritage Assets Committee, there are opportunities to streamline the program. So, the Commission is encouraging both the Department and Office of Small Business, to provide greater technical assistance to the small business community to encourage more applicants, to either solicit the Mayor or Board of Supervisors to nominate their businesses and make the application easier to fill out, to provide the Board of Supervisors with an application
and nomination tool kit, to make it easier for Supervisors to nominate legacy businesses. And finally, to increase our outreach activities either, targeting small chambers of commerce or neighborhood groups, and working with the Invest in Neighborhoods programs in the Mayor's Office, to target legacy businesses throughout the City. So, based on those recommendations the Department and the Office of Small Business will start working together to come up with a viable plan, and increasing the number of applications that are reviewed and approved over time. At this point there is approximately, I believe around 70 legacy businesses that have been recorded, and about 59 of those businesses have applied for some sort of financial stipend through the preservation fund, so more on our improvements as they move forward. That concludes my comments, unless you have any questions.

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 – Fulton Street project, number of units

Please initiate the closing of the loophole of Section 317(b)(7). It is a housing issue – affordable, relatively affordable, family friendly housing – all three. Also thank you to Mr. Sanchez for replying to my email.

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.

7. 2016‐014227CRV (D. LANDIS: (415) 575-9118)

FY 2017-2019 PROPOSED DEPARTMENT BUDGET and WORK PROGRAM - Final review of the Department's revenue and expenditure budget in FY2017-18 and FY2018-19, including grants, capital budget requests, and proposed staffing; high-level work program activities for the Department; and proposed dates where budget items will be discussed during the budget process.

Preliminary Recommendation: Approve

SPEAKERS: = John Rahaim – Budget/Work Program overview

= Deborah Landis – Budget and Work Program

= Georgia Schuttish – Action Item List

Request Date:

Requested by:

Action:

Staff Assigned:

Format:

Scheduled:

Completed:

Notes:

Dec 11, 2014

Richards

Residential Design Guidelines

TBD

Meeting

ACTION: Adopted a Resolution Recommending Approval with Staff amendments

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

resolution: 19856

8. 2009.3461CWP (M. SNYDER: (415) 575-6891

Area Plan Implementation Update and Inter-Department Plan Implementation Committee (IPIC) report - Informational presentation on the activities of the Department's Plan Implementation Group, including overview progress toward funding infrastructure projects called for in adopted area plans and coordination with CACs. Presentation of 2017 Interdepartmental Plan Implementation Committee (IPIC) Report, which includes capital planning accomplishments and recommendations for each plan area.

Preliminary Recommendation: None – Informational

SPEAKERS: = Matt Snyder – IPIC Report

ACTION: Reviewed and Commented

9a. 2015-006510CUA (E. jardines: (415) 575-9144)

953 TREAT AVENUE - east side of Treat Avenue between 22^nd and 23^rd Streets; Lots 027 and 028 and in Assessor’s Block 3639 (District 9) - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303, 317 and 843.27, to demolish an existing single-family home and construct two, four-story residential buildings with three dwelling units each (collectively six dwelling units). The subject property is within the UMU (Urban Mixed Use) 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: = Esmeralda Jardines – Staff Report

+ Shady Abonjkhater – Project presentation

+ Jeff Gibson – Design presentation

- Katrin Petrini – Historic Resourcer Evaluation

- Luke Deshann – Preserve3 the cottage

+ Carmela Zavaletta – Demo the blighted building

+ Kim Meade - Demo the blighted building

+ James Heinzer - Demo the blighted building

+ Don DeMartini - Demo the blighted building

ACTION: Approved with Conditions as amended to include: the Sponsor continue working with Staff on the design; roof deck; and both interior and exterior ground floor treatment

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

MOTION: 19857

9b. 2015-006510VAR (E. jardines: (415) 575-9144)

953 TREAT AVENUE - east side of Treat Avenue between 22^nd and 23^rd Streets; Lots 027 and 028 and in Assessor’s Block 3639 (District 9) - Request for a Variance from the Zoning Administrator, to address the Planning Code requirements for: permitted obstructions over the public right-of-way (Planning Code Section 136) and street frontage (Planning Code Section 145.1). The proposed project entails demolition an existing single-family home and construction of two, four-story residential buildings with three dwelling units each (collectively six dwelling units). The subject property is within the UMU (Urban Mixed Use) 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: None

ACTION: ZA closed the public hearing and indicated an intent to Grant

G. DISCRETIONARY REVIEW

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.

10a. 2015-001936DRM (K. DURANDET: (415) 575-6816)

462 PRENTISS STREET - west side of Prentiss Street, between Jarboe and Tompkins Avenues; Lot 011 in Assessor’s Block 5701 (District 9) - Request is for a Mandatory Discretionary Review of an application to construct a new single family dwelling unit on a vacant lot, within a RH-1 (Residential House, Single Family) and Bernal Heights Special Use Zoning Districts and 40-X Height and Bulk District. The proposal does not meet the Residential Design Guidelines and is subject to a Staff Initiated Discretionary Review. 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: Full Analysis

Preliminary Recommendation: Take Discretionary Review and Approve with Modifications

SPEAKERS: = Kimberly Durandet – Staff Report

+ Clarissa Manchez – Project presentation

ACTION: Took DR and Approved the Project reflected in plans dated January 2016; setting back the top floor 12.5 feet; and removing the parapet allowing a railing around the balcony for the top floor shown in the plans dated November 2016

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

DRA No: 0506

10b. 2015-001936VAR (K. DURANDET: (415) 575-6816)

462 PRENTISS STREET - west side of Prentiss Street, between Jarboe and Tompkins Avenues; Lot 011 in Assessor’s Block 5701 (District 9) - Request for Variances from Planning Code requirements for front setback (Sec. 132), rear yard (Sec. 134), permitted obstructions (Sec. 136), garage door width (Sec. 144), and mass reduction (Sec. 242) within a RH-1 (Residential House, Single Family) and Bernal Heights Special Use Zoning Districts and 40-X Height and Bulk District.

SPEAKERS: None

ACTION: ZA closed the public hearing and indicated an intent to Deny requested variances

11. 2016-000814DRP (E. SAMONSKY: (415) 575-9112)

1058 MISSISSIPPI STREET- west side, approximately 150 feet north of the intersection with 25th Street, Lot 022 in Assessor’s Block 4224 (District 9) - Request for Discretionary Review of Building Permit Application No. No. 2015.1231.6217 proposing new construction of a four-story, 3,360 square-foot, two-family residence on an existing vacant lot that includes two vehicle parking spaces, a roof deck and decks at the second, third and fourth floors within a 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).

Staff Analysis: Full Discretionary Review

Preliminary Recommendation: Do Not Take Discretionary Review and Approve as Proposed

SPEAKERS: = Ella Samonsky – DR presentation

- Elena Myers – DR presentation

- Max Schneder – Opposition, continuance

- Speaker – Opposition, continuance

+ Stephen Antenaros – Project presentation

ACTION: After hearing and closing public comment; Continued to March 16, 2017 with direction from the Commission

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

12a. 2013.1705DDDD (J. SPEIRS: (415) 575-9106)

659 GUERRERO STREET - east side of Guerrero Street, between 18^th and 19^th Streets, Lot 56 in Assessor’s Block 3588 (District 8) - Request for Discretionary Review of Building Permit Application No. 2013.03.26.3083 proposing proposes the addition of two dwelling units, and the construction of a vertical addition with roof deck, a rear exterior stair, and interior renovations to an existing three-story two-family residence within the RTO-M (Residential Transit Oriented - Mission) Zoning District and 45-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: Full Discretionary Review

Preliminary Recommendation: Do Not Take Discretionary Review and Approve as Proposed

SPEAKERS: None

ACTION: Continued to February 23, 2017

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

ABSENT: Johnson

12b. 2013.1705VAR (J. SPEIRS: (415) 575-9106)

659 GUERRERO STREET - east side of Guerrero Street, between 18th and 19th Streets, Lot 56 in Assessor’s Block 3588 (District 8) - Request for Variances from Planning Code requirements for rear yard (Sec. 134), and dwelling unit exposure (Sec. 140), of Building Permit Application No. 2013.03.26.3083 proposing proposes the addition of two dwelling units, and the construction of a vertical addition with roof deck, a rear exterior stair, and interior renovations to an existing three-story two-family residence within the RTO-M (Residential Transit Oriented - Mission) Zoning District and 45-X Height and Bulk District.

SPEAKERS: None

ACTION: Acting ZA Continued to February 23, 2017

13. 2013.1458DRP-02 (J. DISALVO: (415 575-9182)

198 VALENCIA STREET - east side, at the corner of Duboce Avenue, Lot 108 in Assessor’s Block 3502 (District 8) - Request for Discretionary Review of Building Permit Application No. 2014.08.05.3094 proposing to demolish the existing one-story, 1,877 square foot automotive service station (dba Oil Changer) and construct a new five-story, 55 foot tall, 33,795 gross square foot mixed-use building that includes two retail spaces totaling 6,269 square feet at the ground story and 28 dwelling units on the second through fifth stories within the NCT-3 (Moderate Scale Neighborhood Commercial Transit) Zoning District and a 50-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: Full Discretionary Review

Preliminary Recommendation: Take Discretionary Review and Approve with Conditions

SPEAKERS: = Jonathan DiSalvo – Staff Report

- Lara Bermeister – Opposition

- Carl Carruth – Opposition

- Tom Lockhart – Opposition

- Giddeon Bush – Opposition

- Isaac Camner – Opposition

- Josh – Opposition

- Angela Scott – Opposition

- Candido Tovar – Opposition

- Daniel – Opposition

- Sussane – Opposition

- Catherine Bermeister – Opposition

- Jackie – Opposition

- Oliver – Opposition

+ Adam Phillips – Shadow study

+ Dave Steinberger – Opposition

ACTION: Took DR and approved the project with conditions presented by staff; a five foot reduction in building height; and transparent railling

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

NAYES: Johnson

DRA No: 0507

14. 2015-000254DRP-03 (E. SAMONSKY: (415) 575-9112)

68 RICHARDSON AVENUE- north side, between Chestnut and Lombard Streets, Lot 012A in Assessor’s Block 0934 (District 2) - Request for Discretionary Review of Building Permit Application No. 2014.1230.4697 proposing construction a vertical addition (third floor) and roof deck that match the footprint of the existing single-family dwelling within a 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).

Staff Analysis: Abbreviated Discretionary Review

Preliminary Recommendation: Do Not Take Discretionary Review and Approve as Proposed

SPEAKERS: = Rich Sucre – Staff Report

- Carmen Zell – DR presentation

- Pat Buskovitch – Opposition

- Anya Lee – Opposition

- Jonathan Lee – Opposition

- Ryan Patterson – Opposition

- Speaker – Opposition

+ David Silverman – Project presentation

+ Jason Lantehammer – Project design presentatiobn

ACTION: Took DR and Approved the project without the roof deck and maintaining the notch

AYES: Richards, Fong, Koppel, Melgar, Moore

NAYES: Johnson, Hillis

DRA No: 0508

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))

SPEAKERS: Speaker – 471 Hickory

Adjournment - 6:26 P.M.

ADOPTED: MARCH 2, 2017

Planning Commission - February 16, 2017 - Minutes

D. DEPARTMENT MATTERS

F. REGULAR CALENDAR

ARCHIVED SITE NOTICE