Planning Commission - September 28, 2017 - Minutes

Meeting Date: 
September 28, 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, September 28, 2017

1:00 p.m.

Regular Meeting

 

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

 

THE MEETING WAS CALLED TO ORDER BY COMMISSIONER JOHNSON AT 1:25 P.M.

 

STAFF IN ATTENDANCE:  John Rahaim – Planning Director, Laura Ajello, Matt Dito, Gabriela Pantoja, Christopher Townes, Wade Wietgrefe, Doug Johnson, Dan Sider, Christy Alexander, Carly Grob, Christopher May, Natalia Kwiatkowska, 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.            2017-003058CUA                                                                               (M. DITO: (415) 575-9164)

2323 MISSION STREET - east side of Mission Street, between 19th and 20th Streets on Assessor’s Block 3595, Lot 029 (District 9) - Request for Conditional Use Authorization pursuant to Planning Code Sections 145.2, 303, and 754 to establish an Outdoor Activity Area at an existing restaurant use (d.b.a. “Teeth”) in an existing two-story mixed-use building. The subject property is located within the Mission Street Neighborhood Commercial Transit District and 55-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 November 16, 2017)

 

SPEAKERS:          None

ACTION:                              Continued to November 16, 2017

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

 

2a.          2015-015846DRM                                                             (E. GORDON-JONCKHEER: (415) 575-8728)

520 28TH STREET  - north side of 28th Street between Castro and Diamond Streets; Lot 008 in Assessor’s Block  6604 (District 8) - Staff-Initiated Discretionary Review, pursuant to Planning Code Section 311(c)(1), of Building Permit Application No. 2015.11.12.2431,  proposing vertical and horizontal additions to the existing one-story single-family home, including a new second floor, a new two-car garage,  and two new basement levels within a RH-1 (Residential, House, One-Family) Zoning District and 40-X Height and Bulk District. In addition, the Zoning Administrator will consider a Variance from the requirements for rear yard (per Planning Code Section 134).  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 Modifications

(Continued from Regular Meeting of July 6, 2017)

(Proposed for Continuance to November 16, 2017)

 

SPEAKERS:          None

ACTION:                              Continued to November 16, 2017

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

 

2b.         2015-015846DRP                                                              (E. GORDON-JONCKHEER: (415) 575-8728)

520 28TH STREET  - north side of 28th Street between Castro and Diamond Streets; Lot 008 in Assessor’s Block 6604 (District 8) - Request for Discretionary Review of Building Permit Application No. 2015.11.12.2431, proposing vertical and horizontal additions to the existing one-story single-family home, including a new second floor, a new two-car garage, and two new basement levels within a RH-1 (Residential, House, One-Family) Zoning District and 40-X Height and Bulk District. In addition, the Zoning Administrator will consider a Variance from the requirements for rear yard (per Planning Code Section 134). 

Staff Analysis:  Full Discretionary Review

Preliminary Recommendation:  Take Discretionary Review and Approve with Modifications

               (Continued from Regular Meeting of July 6, 2017)

            (Proposed for Continuance to November 16, 2017)

 

SPEAKERS:          None

ACTION:                              Continued to November 16, 2017

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

 

2c.          2015-015846VAR                                                              (E. GORDON-JONCKHEER: (415) 575-8728)

520 28TH STREET - north side of 28th Street between Castro and Diamond Streets; Lot 008 in Assessor’s Block 6604 (District 8) - Request for a Rear Yard Variance from the Zoning Administrator pursuant to Planning Code Section 134 to allow the demolition and replacement of the roof of the existing noncomplying structure constituting an increase in the volume of the building within the required rear yard.  The project is located in a RH-1 (Residential, House, One-Family) Zoning District and 40-X Height and Bulk District. 

(Continued from Regular Meeting of July 6, 2017)

(Proposed for Continuance to November 16, 2017)

 

SPEAKERS:          None

ACTION:                              Continued to November 16, 2017

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

 

3a.          2013.1037C                                                                                          (C. MAY: (415) 575-9087)

650 DIVISADERO STREET - southeast corner of Divisadero and Grove Streets; Lot 002B in Assessor’s Block 1202 (District 5) - Request for Conditional Use Authorization pursuant to Planning Code Sections 121.1, 271, 303, 746.10 and 746.11 to permit the development of a 6-story mixed-use building containing 66 residential dwelling units above 26 ground floor parking spaces and 3,528 square feet of commercial uses within the Divisadero Street Neighborhood Commercial Transit (NCT) District, the Fringe Financial Services Restricted Use District and 65-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

(Continued from Regular Hearing of June 15, 2017)

(Proposed for Continuance to November 30, 2017)

 

SPEAKERS:          Lisa Aubrey – Support for continuance

                              Donna Thompson – Not available on November 30th

                              Mark Loper – Recent legislation, working with the neighborhood

ACTION:                              Continued to December 14, 2017

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

 

3b.         2013.1037V                                                                                          (C. MAY: (415) 575-9087)

650 DIVISADERO STREET - southeast corner of Divisadero and Grove Streets; Lot 002B in Assessor’s Block 1202 (District 5) - Request for Rear Yard Modification pursuant to Planning Code Section 134 to permit the development of a 6-story mixed-use building containing 66 residential dwelling units above 26 ground floor parking spaces and 3,528 square feet of commercial uses within the Divisadero Street Neighborhood Commercial Transit (NCT) District, the Fringe Financial Services Restricted Use District and 65-A Height and Bulk District.

(Continued from Regular Meeting of June 15, 2017)

            (Proposed for Continuance to November 30, 2017)

 

SPEAKERS:          Same as Item 3a.

ACTION:                              Continued to December 14, 2017

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

 

4.                2014-002181CUA                                                                                (C. MAY: (415) 575-9087)

2670 GEARY BOULEVARD - northwest corner of Geary Boulevard and Masonic Avenue, Lot 003 in Assessor’s Block 1071 (District 2) - Request for Conditional Use Authorization pursuant to Planning Code Sections 121.1, 206.3, 271, and 303 to permit the development of a 10-story building containing 121 residential dwelling units above 2,193 square feet of ground floor commercial space and 7 parking spaces within a NC-3 (Neighborhood Commercial, Moderate-Scale) District and 80-D Height and Bulk District. This project is seeking increased dwelling unit density and height in exchange for providing a higher level of affordable housing than would otherwise be required through the application of the HOME-SF Program pursuant to Planning Code Section 206.3.  The project is seeking modifications to the usable open space and dwelling unit exposure requirements pursuant to Planning Code Sections 135 and 140 which may be granted by the Planning Commission pursuant to Planning Code Section 206.3.  The project is also seeking exceptions to the rear yard, architectural obstructions over streets and ground floor level active use requirements of Planning Code Sections 134, 136 and 206.3 through the procedures pursuant to Planning Code Section 303, and is seeking an exception to the bulk requirements pursuant to Planning Code Section 271.  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 September 20, 2017)

            (Proposed for Continuance to November 30, 2017)

 

SPEAKERS:          Linda Day – Don’t understand why it is being continuance

                              Mark Loper – Recent legislation, working with the neighborhood

ACTION:                              Continued to November 30, 2017

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

 

5.            2015-005763CUA                                                                                          (B. BENDIX: (415) 575-9114)

247 17th AVENUEwest side, between California and Clement Streets, Lot 009 in Assessor’s Block 1416 (District 1) - Request for Conditional Use Authorization pursuant to Planning Code Sections 303 and 317 to demolish a two-family dwelling through a major alteration within an RH-2 (Residential, House, Two-Family) Zoning District and a 40-X Height and Bulk District. The proposal includes renovation of the front façade and vertical and horizontal additions. The resulting building will contain two dwelling units. These actions constitute the Approval Action for the project for purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.                                 

Preliminary Recommendation:  Pending

(Proposed for Continuance to December 7, 2017)

 

SPEAKERS:          None

ACTION:                              Continued to December 7, 2017

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

 

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.                2017-007135CND                                                                           (L. AJELLO: (415) 575-9142)

301-311 LAKE STREET – southwest corner of Lake Street and 4th Avenue; Lot 001 in Assessor’s Block 1364 (District 2) - Request for Condominium Conversion Subdivision to convert a three-story, six-unit building into residential condominiums within a RH-2 (Residential, House, Two Family) Zoning District and 40-X Height and Bulk District. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to San Francisco Administrative Code Section 31.04(h).

Preliminary Recommendation: Approve

 

SPEAKERS:          None

ACTION:                              Approved

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

MOTION:              19998

 

7.                2017-008069CND                                                                            (L. AJELLO: (415) 575-9142)

1849 CHESTNUT STREET - south side of Chestnut Street between Webster and Buchanan Streets; Lot 025 in Assessor’s Block 0493 - Request for Condominium Conversion Subdivision to convert a four-story, six-unit building into residential condominiums 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).

Preliminary Recommendation: Approve

 

SPEAKERS:          None

ACTION:                              Approved

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

MOTION:              19999

 

8.                2017-007745CND                                                                               (M. DITO: (415) 575-9164)

830 BRODERICK STREET - east side of Broderick Street, between Golden Gate Avenue and McAllister Street on Assessor's Block 1156, Lot 021 (District 5) - 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 an RM-1 (Residential-Mixed, Low Density) 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, Fong, Johnson, Koppel, Melgar, Moore

MOTION:              20000

 

9.                2017-006828CUA                                                         (G. PANTOJA: (415) 575-8741)

5160 GEARY BOULEVARD - between 15th and 16th Streets, Lot 049 in Assessor’s Block 1447 (District 1) - Request a Conditional Use Authorization pursuant to Planning Code Section 303, 303.1, and 712 to establish a Formula Retail Financial Service Use (d.b.a. “Preferred Bank”) at an existing 1,920 square-foot tenant space at the ground floor of an existing two-story commercial building, previously occupied by a Financial Service Use (d.b.a. “Pacific Western Bank”), within a NC-3 (Neighborhood Commercial, Moderate Scale) Zoning District and 40-X Height and Bulk District. The 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, Fong, Johnson, Koppel, Melgar, Moore

MOTION:              20001

 

10.          2016-014416CUA                                                                        (C. TOWNES: (415) 575-9195)

1745 TARAVAL STREET - south side of Taraval Street between 27th and 28th Avenues; Lot 041 in Assessor’s Block 2398  -  Request for a Conditional Use Authorization, pursuant to Planning Code Sections 781.1 and 303, for a change of use of ground-floor commercial tenant space from Retail Sales and Services (d.b.a. “Theme 18”) to Limited Restaurant [d.b.a. “Foam USA (Boba)]. The 440 sf commercial tenant space is located within a one- to two-story multi-tenant mixed-use corner building. Pursuant to Planning Code Section 781.1, an application for a permit to establish a Limited-Restaurant on the First Story and below is required to obtain Conditional Use Authorization. The subject property is located within the Taraval Street NCD (Neighborhood Commercial) Zoning District, Taraval Street Restaurant Subdistrict Special Use District, and 50-X Height and Bulk District. 

The 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

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

MOTION:              20002

 

11.          2017-004104CUA                                                           (N. KWIATKOWSKA: (415) 575-9185)

855 BRANNAN STREET - southeast side of Brannan Street, between 7th and 8th Streets; Lot 001 of Assessor’s Block 3783 (District 6) - Request for a Conditional Use Authorization, pursuant to Planning Code Sections 303, 303.1, and 843.46, to establish a new Formula Retail Limited-Restaurant use (d.b.a. “Peet’s Coffee”) in a vacant ground floor 1,658 square-foot tenant space in a newly constructed six-story, mixed-use building within the UMU (Urban Mixed Use) Zoning District and 68-X Height and Bulk District. The project is not a project under CEQA Guidelines Sections 15060(c) and 15378 because there is no direct or indirect physical change in the environment.

Preliminary Recommendation:  Approve with Conditions

 

SPEAKERS:          None

ACTION:                              Approved

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

MOTION:              20003

 

C.         COMMISSION MATTERS

 

12.          Consideration of Adoption:

·       Draft Minutes for September 7, 2017

 

SPEAKERS:          None

ACTION:                              Adopted

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

 

13.          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 Richards:

So, this come’s under Oh, my God! I never realized. I actually see numbers category, today's Chronicle Bay Area section, Page one – indulge me to read a couple of paragraphs. It could take decades and cost billions to build enough housing to make even a modest dent in home prices in the Bay Area and across the State, according to a team of economists who -- from UCLA, reported Wednesday. The quarterly UCLA Anderson Forecast, cast doubts upon efforts in San Francisco and surrounding communities to lower the cost of living suggesting that investments far beyond what is contemplated will be needed.  Furthermore, two more paragraphs, Jerry Nichols, Director the UCLA Forecast Team says that it would take an additional 20 percent more housing to achieve a modest 10 percent reduction in prices. Starting in 1980, it took San Francisco 30 years to add an additional 20 percent housing – housing and dwelling units. So, I did the math 382,000 dwelling units, 20 percent increase on those, and 76,400, at 5,000 units a year, that is a 15 year goal, the problem is, demand for housing is increasing as well during those 15 years. So, we are in big pickle. We are going have to do something more than we are doing. The numbers are there.

Commissioner Johnson:

I second Commissioner Richards assessment that we need to do more than that we are doing today, we can’t just continue on the same rate, we need to be accelerating, but I want to switch topics for just a moment and acknowledge two weeks ago the Board of Supervisors unanimously passed the childcare legislation, that we heard, which was highly exciting, it will really ease the ability of childcare operators to receive permits by making childcare principally permitted in most of all the City. So, now we move to the State level, to look at some the regulations around outdoor space requirements, and other things that make it hard to find space, just wanted to acknowledge that. That was really great, I can’t call it grassroots, if its the Commission having an idea, but I wanted to thank the Supervisors for their support.

Commissioner Moore:

I was happy to hear about the approval of One Oak, and looking forward to Mr. Starr's presentation on that, with the ability to also ask some questions.

Commissioner Richards:

One last item, I forgot to mention, I apologize. I was reading one of the case packets of one of the items today that requires conditional use, and in the case packet, the submission from the project sponsor team said that the project is code complying, but still needs a conditional use permit, we been having this kind of discussions. We had one item last week where the item is -- we were considering it and also required a conditional use and I'm going under the premise that it is not code compliant if it needs a conditional use permit. It’s code compliant if it needs no variance or conditional use or additional decisions by the other bodies, the Zoning Administrator or the Commission. So, that's one thing, I think we need to put in our cap and think about as we move these things forward.

D.         DEPARTMENT MATTERS

 

14.          Director’s Announcements

 

Director Rahaim:

Good afternoon Commissioners, wanted to mention and talk a little bit about the Mayor's Executive Directive on housing approvals that was announced yesterday. He issued that, I think, at the end of the day yesterday. The Mayor has issued a directive to all departments that are involved in the approvals and permitting of housing, asking us to substantially reduce our review times and approve them, and permit them in much shorter time periods, than those time periods for the entitlement range from six  months to 22 months, based on the type of CEQA analysis, and then post entitlement for the department involved, such as DBI and Public Works and MTA, 12 months from the point at which they receive their applications. The directive requires us to do a number of things, including quarterly reports to the Mayor and also requires the Planning Department and I think the Building Department issue a develop an implementation plan, for how we are going to implement the directive by December 1st and the other departments by the end of the year, with the consolidated plan by April 1st. This has been a lot of discussion about this and the Mayor is very interested in kind of making the current pace of housing development at about 5,000 units a year, trying to develop system to make that more of the norm over time. So, this is a big charge to the Department, it reduces our review time substantially from where we are today. It does – it would likely require some legislation, which we'll be thinking about over the next two months. So, in conversation with President Hillis I think he'd like to have a hearing on this item in the next few weeks. I think that that would be helpful to have that hearing before the implementation plan is due, which is December 1st, so maybe in early or mid-November, we could schedule an informational hearing on this item to get your feedback and feedback from the public on that plan.

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

 

Land Use Committee:

·        170829 Hearing – Traffic Congestion Downtown and in Our Neighborhoods. Sponsor: Sheehy. Staff: Johnson.

 

At Monday’s Land Use hearing, the committee held a hearing on Traffic Congestion in the City, requested by Supervisor Sheehy. The MTA, the Police Department, CTA and Planning participated in the hearing.  Planning Staff touch on jobs and population figures and also discussed our work on the TDM and the transportation impact analysis updates. Public comment was limited, but focused on ridesharing companies and driving behavior. Focus from the Committee members was almost entirely on TNCs, or rideshare companies, in particular their congestion, and safety implications. 

 

Full Board:

·        170834 Planning Code - Inclusionary Affordable Housing Fee and Dwelling Unit Mix Requirements. Sponsors: Breed; Kim, Peskin, Safai and Tang. Staff: Rodgers, Bintliff. Second Read

 

On the Full Board’s agenda this week was the trailing legislation for the Inclusionary Housing ordinance. The trailing ordinance contained a few ‘clean-up’ provisions which include 1) a clarification about how the Inclusionary program should apply in the Transbay Redevelopment Area, 2) further specification about under what circumstances Planning should study feasibility of higher rates in areas that have been rezoned, and 3) to apply lower on-site requirements for small projects with 10-24 units, and to amend the fee rate for large ownership projects in certain districts to be consistent with the Citywide requirements.

 

At this week’s Board hearing, the trailing ordinance was amended again by making minor changes to the Off-Site alternative to ensure consistency with federal affordable housing funding sources typically used by MOHCD. The Board voted unanimously to adopt these amendments and also voted unanimously to pass the amended ordinance on first read.

 

·        170419 Planning Code – North Beach, Telegraph Hill, Broadway and Chinatown Area Controls. Sponsor: Peskin. Staff: D Sanchez. PASSED Second Read

 

·        170808 Hearing - Appeal of Determination of Community Plan Evaluation – 1726-1730 Mission Street. Staff: Gibson, Navarrete, Li.

 

The appeal of the Community Plan Exemption for 1726 Mission Street was withdrawn prior to the hearing and the Board voted to uphold the environmental determination.

 

·        170812 Hearing - Appeal of Final Environmental Impact Report Certification - 1500-1540 Market Street (One Oak Street). Staff: Cooper, Livia, Watty.

 

Last on the agenda was the 1 Oak Street project. This item was continued from its original September 5 meeting. Following that continuance the Appellant and Sponsor engaged in negotiations, mediated by Supervisor Breed that led to a settlement, which included additional funding for affordable housing and limited parking for the project to 0.45 spaces per unit.

 

Additionally, the parties agreed to pursue an interim ordinance that would limit parking for future projects in the Hub area to 0.25 spaces per unit. They also agreed to pursue policies for the Hub area to manage TNCs and e-delivery, as well as evaluation of wind effects on adjacent bike lanes for future project.

 

Pursuant to the agreement, the appeal was withdrawn and the Board unanimously upheld the EIR.

 

Introductions:

·        171015 Interim Zoning Controls - Off-Street Parking in the “Hub” Area. Removes the possibility for CU authorization for additional parking in the HUB District. Sponsors: Breed, Kim, and Peskin.

 

BOARD OF APPEALS:

Commissioners, the Zoning Administrator requested that I provide you with an update from the Board of Appeals meeting last night, there were two items that may be of interest to the Commission. The first at 3772 20th Street, this project include the replacement of a garage with the required rear yard, adding a roof deck above the proposed garage. The Commission heard this is a DR earlier this year and approved the project, however, the Zoning Administrator denied the required variance and the project sponsor appealed this decision to the Board of Appeals. The Board indicated intent to deny the appeal, and uphold the ZA’s decision. At this time the project sponsor offered to revise the project, and simple replace the existing stairs within the required rear yard, with a small deck at the third floor. The Department supported the revised project, the Board ultimately granted the variance with the revised scope of work. 4466, 24th Street, this project include a horizontal and vertical addition to an existing single family dwelling and an addition of one dwelling unit. The Commission heard this as DR in May and took the DR, to modify the roof deck removing a portion of deck adding a screen wall. The project sponsor revised the project to comply with the Commission’s decision; however, the DR requestor appealed the permit to the Board of Appeals seeking to remove the fourth floor of the building, which is setback 15 feet from the front building wall and thirty feet from the front property line. The Board unanimously upheld the project.

 

HISTORICE 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:        Alex Lansberg –

                                           Laura Clark – Urgency for housing

                                           Ozzie Rahm – Tenant advocacy

                                           Anastasia Yovonopolous – Evictions

                                           Rossa Moss – ADU’s

                                           Tony Robles –

                                           Tom Ruiz – Protected tenants, 79 28th St.

                                           Sue Hestor – Residential expansion

 

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.

 

16.                                                                                                                (D. JOHNSON: (415) 575-8735)

CONNECTSF – Informational Presentation - Staff will update the Commission on ConnectSF.  Led by the Planning Department in partnership with SFMTA, SFCTA, and OEWD, Connect SF is a partnership effort to create a unified, longrange transportation vision for San Francisco.

Preliminary Recommendation: None - informational

 

SPEAKERS:          = Doug Johnson – Staff Report

                              = Sue Hestor – Recognition of topography

ACTION:                              None – Informational

 

17.          2015-012094GEN                                                                 (M. MADHAVAN: (415) 575-9095)

TRANSPORTATION IMPACT ANALYSIS GUIDELINES FOR ENVIRONMENTAL REVIEW - Informational Presentation by Planning Department staff. The Planning Department uses the guidelines for assessing project’s transportation impacts as part of the California Environmental Quality Act. The Planning Department is undergoing comprehensive updates to the guidelines, which the department last updated in 2002. The presentation will provide an understanding on the transportation topics within the guidelines, a brief overview of the update, status of the update, feedback sought, and the anticipated outcomes and schedule.

Preliminary Recommendation: None - informational

 

SPEAKERS:          = Wade Wietgrefe – Staff Report

                              = Manoj Madhavan – Staff Report

                              = Sue Hestor – Housing balance

ACTION:                              None – Informational

 

18.                  (D. SIDER: (415) 558-6697; A. STARR (415) 558-6362; D. SANCHEZ: (415) 575-9082)

CANNABIS REGULATION  - Informational Presentation on amendments to the Planning Code and other portions of the Municipal Code in order to [1] establish a local regulatory framework for the cultivation, sale and use of adult use cannabis consistent with 2016’s Proposition 64 (The Adult Use of Marijuana Act) and [2] update regulations relating to Medical Cannabis Dispensaries (MCDs). 

Preliminary Recommendation: None- Informational

 

SPEAKERS:          = Dan Sider – Staff Report

= Nicole Elliott – Office of Cannabis presentation

+ Speaker – Good start

+ Speaker – Land use regulations

= Brandon – Pipeline dispensary applications

-   Theresa Duchi – Happiness, safety, and health

+ Karen Woodson – Legislative amendments

ACTION:                              None - Informational

 

19.             2016-015092MAP                                                                 (C. ALEXANDER: (415) 575-8724)

1990 FOLSOM STREET Zoning Map Amendment for District Map No.ZN07 to rezone Assessor’s Block 3552 Lot 012 from PDR-1-G (Production, Distribution & Repair-1-General) to UMU (Urban Mixed-Use); and Height & Bulk District Map No. HT07 to increase the height limit for Block 3552 Lot 012 from 58-X to 90-X. These Zoning Use District Map and Height & Bulk District Map Amendments would support the 1990 Folsom Street Mixed-Use/100% Affordable Housing Project. The proposed amendments will be before the Planning Commission so that it may approve, reject, or approve with modifications and present this action to the Board of Supervisors for adoption.

Preliminary Recommendation:  Approve

 

SPEAKERS:          = Christy Alexander – Staff Report

                              + Feliciano Vera – Project presentation

                              + Sarah White – Project presentation

                              + Dario Romero - Support

ACTION:                              Approved

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

ABSENT:              Fong

MOTION:              20004

 

20.             2014-002849CUA                                                                             (C. GROB: 9415) 575-9138)

1196 COLUMBUS AVENUE - north side of Columbus Avenue, on the east side of the intersection of Columbus Avenue, Jones and Bay Streets; Lot 007 in Assessor’s Block 0043 (District 3) - Request for Conditional Use Authorization, pursuant to Planning Code Sections 210.1 & 303 to establish a hotel use (dba: Moxy Hotel) within the C-2 (Community Business) District, Telegraph Hill-North Beach Residential Special Use District and a 40-X Height and Bulk District. The project proposes to demolish the existing one-story commercial building and construct a four-story-over-basement, 28,308 square foot hotel with 75 rooms. 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 20, 2017)

 

SPEAKERS:          = Carly Grob – Staff Report

+ Mark Loper – Project presentation

+ Michael  Stanton – Design presentation

-   Stan Hayes – Incompatible w/surrounding residential uses

-   Speaker – Teen center proximity

-   Chris Tars – Moxy Philopshy

-   Sal Hopkins – Not a good fit in the community

-   Jerry Young – Organized opposition

-   Easter Colbot – Organized opposition

-   Fatima Saceda – Organized opposition

-   Marla Knight – Inappropriate use

-   Tony Robles – Inappropriate use

+ Tony Rodriguez – In favor

-   Sheree Thomas – Do it for us

-   Speaker – Local 2 support                       

ACTION:               After hearing and closing public comment; Adopted a Motion of Intent to Disapprove and Continued the matter to November 2, 2017

AYES:                    Richards, Fong, Johnson, Melgar, Moore

NAYES:                 Hillis, Koppel

 

21.             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

(Continued from Regular Meeting of August 24, 2017)

 

SPEAKERS:          = Andrew Perry – Staff report

                              + Wai Lin Chin – Project presentation

                              + Speaker – Support

                              + Colleen Chawa –Support

                              - Stan Hayes – Opposition

                              + Ignatius Tsang – Operation and use

ACTION:               After a Motion to Approve with Conditions failed +2-5 (Fong, Koppel, Melgar, Moore, Richards against); Disapproved

AYES:                    Fong, Koppel, Melgar, Moore, Richards

NAYES:                 Johnson, Hillis

MOTION:              20005

                                       

22.          2017-006420CUA                                                           (N. KWIATKOWSKA: (415) 575-9185)

75 FOLSOM STREET (UNITS #1005 AND 1006) - southeast side of Folsom Street, between the Embarcadero and Spear Street; Lots 031 and 032 of Assessor’s Block 3744 (District 6) - Request for a Conditional Use Authorization, pursuant to Planning Code Sections 303 and 317, to merge two dwelling units within an existing 17-story, 67-unit residential building into one approximately 3,000 square foot dwelling unit. The project would merge an approximately 1,500 square foot, two-bedroom, two-bathroom dwelling unit (#1005) with an approximately 1,500 square foot, two-bedroom, two-bathroom dwelling unit (#1006) within the RH-DTR (Rincon Hill Downtown Residential Mixed Use) Zoning District and 84-X, 105-X, 85/200-R Height and Bulk District.

Preliminary Recommendation:  Approve with Conditions                                           

 

SPEAKERS:          = Natalia Kwiatkowska – Staff Report

                              + Speaker – Project presentation

ACTION:                              Approved with Conditions

AYES:                    Hillis, Richards, Johnson, Koppel

ABSENT:              Fong, Melgar, Moore

MOTION:              20006

 

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.

 

23.          2013.1330DRP                                                                                        (D. VU: (415) 575-9120)

1900 MISSION STREET - southwest corner of 15th and Mission Streets, Lot 01 in Assessor’s

Block 3554 (District 9) - Request for Discretionary Review of Building Permit Application No. 2015.0708.0963, proposing to demolish the existing 1,690 sq. ft. automotive repair shop (dba Discount Auto Performance) and construct a 16,022 gross sq. ft., seven-story over basement, 75-feet tall mixed-use building that includes 805 sq. ft. of ground-floor commercial space, twelve dwelling units at all floors of the building, 1,370 sq. ft. of combined common and private open space and eighteen Class 1 bicycle parking spaces at the basement level within the Mission Street NCT (Neighborhood Commercial Transit) Zoning District and 80-B 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: Do Not Take Discretionary Review and Approve

(Continued from Regular Meeting of June 15, 2017)

NOTE: On February 23, 2017, after hearing and closing public comment, the matter was continued to April 13, 2017 by a vote of +7 -0.

On April 13, 2017, without hearing, the matter was continued to June 15, 2017 by a vote of +7 -0.

On June 15, 2017, without hearing, the matter was continued to July 6, 2017 by a vote of +4 -0.

On July 6, 2017, without hearing, the matter was continued to September 28, 2017 by a vote of +7 -0.

(Continued from Regular Meeting of July 6, 2017)

 

SPEAKERS:          = Doug Vu – Staff Report

-   Peter Papadopolous – DR presentation

+ Speaker – Project presentation

+ Speaker – Project presentation

ACTION:               Did Not Take DR and approved as revised with direction for staff to continue working with the Project Sponsor on the final design.

AYES:                    Hillis, Richards, Fong, Koppel, Moore

ABSENT:              Johnson, Melgar

DRA No:                              0553

 

24a.       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:  Do Not Take Discretionary Review and Approve as Revised

 NOTE: On August 24, 2017, after hearing and closing public comment, the commission continued the matter to September 28, 2017 by a vote of +5 -1 (Johnson against; Fong absent).

(Continued from Regular Meeting of August 24, 2017)

 

SPEAKERS:          = Nancy Tran – Staff Report

-   DR Requestor – Presentation

+ Project Sponsor – Presentation

+ Michael Hennesy – Presentation

-   Gary Brethold – Still too big

-   Speaker – Opposed

-   Speaker – Opposed

+ Scott Yamak – Housing needs

+ Nathan Ryder – Support

+ Bill Hemmenger – Support

+ Frank Lapatepio  - Support

+ Jeffrey Squires – Support letters

ACTION:               Did Not Take DR and approved as revised

AYES:                    Hillis, Richards, Fong, Koppel, Moore

ABSENT:              Johnson, Melgar

DRA No:                              0554

 

  24b.      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 Administratorto 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 inch of the front property line. Section 134 requires a 43 feet 4 inch rear yard and the proposal is within 16 feet 3 ½ inches of the rear boundary. Section 140 requires that each dwelling unit have windows facing directly onto a compliant rear yard or an open area no less than 25 feet in every horizontal direction. The proposed footprint expansion onto the noncomplying building encroaches within the required average front and rear yard and the ground floor unit will face onto a noncomplying rear yard. The project is within a RM-1 (Residential-Mixed, Low Density) Zoning District and 40-X Height and Bulk District.

(Continued from Regular Meeting of August 24, 2017)

 

SPEAKERS:          None

ACTION:               ZA Closed the Public Hearing and indicated an intent to Grant

 

25a.          2014.1060DRP                                                                                (C. ASBAGH: 415/575-9165)

1870 MARKET STREET - north side of Market Street, between Laguna Street and Octavia Blvd.; lot 004 of Assessor’s Block 0874 (District 8) - Request for Discretionary Review of building permit application No. 2015-0501-5151 that proposes to demolish the existing single story private garage and construct an 85-foot tall, 8-story, approximately 16,000 square-foot building containing 10 dwelling units and approximately 400 square feet of ground floor retail within a NCT-3 (Moderate Scale Neighborhood Commercial Transit) District and 85-X Height and Bulk District.

Staff Analysis:  Full Discretionary Review

Preliminary Recommendation:  Take Discretionary Review and Approve with Conditions

 

SPEAKERS:          None

ACTION:               Continued to November 30, 2017

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

 

25b.         2014.1060VAR                                                                                (C. ASBAGH: 415/575-9165)

1870 MARKET STREET - north side of Market Street, between Laguna Street and Octavia Blvd.; lot 004 of Assessor’s Block 0874 (District 8) – Request for a Rear Yard Modification (Section 134(e)(1) to allow a rear yard of 15 feet where 25 feet is required and a Variance for dwelling unit exposure (Section 140). The project is located in a NCT-3 (Moderate Scale Neighborhood Commercial Transit) District and 85-X Height and Bulk District.

 

SPEAKERS:          None

ACTION:               Acting ZA Continued to November 30, 2017

 

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:          JFK Housing Development held hostage by Housing Authority

 

Adjournment – 8:29 P.M.

ADOPTED: oCTOBER 12, 2017