Planning Commission - January 28, 2016 - Minutes
SAN FRANCISCO
PLANNING COMMISSION
Meeting Minutes
Commission Chambers, Room 400
City Hall, 1 Dr. Carlton B. Goodlett Place
San Francisco, CA 94102-4689
Thursday, January 28, 2016
12:00 p.m.
Regular Meeting
COMMISSIONERS PRESENT: Fong, Richards, Antonini, Hillis, Moore, Wu
ABSENT: Commissioner Johnson
THE MEETING WAS CALLED TO ORDER BY PRESIDENT FONG AT 12:10 P.M.
STAFF IN ATTENDANCE: John Rahaim – Planning Director, Veronica Flores, Nicholas Foster, Nicholas Perry, Diego Sanchez, Carly Grob, Alexandra Kirby, Mary Woods, Menaka Mohan, Lisa Gibson, Corey Teague, David Lindsay, and Jonas P. Ionin – Commission Secretary
SPEAKER KEY:
+ indicates a speaker in support of an item;
- indicates a speaker in opposition to an item; and
= indicates a neutral speaker or a speaker who did not indicate support or opposition
A. CONSIDERATION OF ITEMS PROPOSED FOR CONTINUANCE
The Commission will consider a request for continuance to a later date. The Commission may choose to continue the item to the date proposed below, to continue the item to another date, or to hear the item on this calendar.
1. 2015-000184CUA (M. BOUDREAUX: (415) 575-9140)
29-31 HATTIE STREET - east side of Hattie Street between Market Street and Corbett Avenue; Lot 022 in Assessor’s Block 2657- Request for Conditional Use Authorization pursuant to Planning Code Section 303 and Interim Zoning Controls for Large Residential Projects pursuant to Resolution No. 76-15, to allow lot development greater than 55%. The project includes vertical and horizontal addition to an existing two-story-over-garage two-unit building. The property is within the 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.
Preliminary Recommendation: Pending
(Continued from Regular Meeting of October 22, 2015)
(Proposed for Continuance to March 17, 2016)
SPEAKERS: None
ACTION: Continued to March 17, 2016
AYES: Fong, Antonini, Hillis, Moore, Wu
ABSENT: Richards, Johnson
B. CONSENT CALENDAR
All matters listed hereunder constitute a Consent Calendar, are considered to be routine by the Planning Commission, and may be acted upon by a single roll call vote of the Commission. There will be no separate discussion of these items unless a member of the Commission, the public, or staff so requests, in which event the matter shall be removed from the Consent Calendar and considered as a separate item at this or a future hearing.
2. 2015-006317CUA (V. FLORES: (415) 575-9173)
518 CASTRO STREET - west side of Castro Street, between 18th and 19th Streets; Lot 002 in Assessor’s Block 2695 - Request for Conditional Use Authorization pursuant to Planning Code Sections 303, 703.3, and 703.4 to relocate an existing formula retail pharmacy (d.b.a. Aids Health Foundation Pharmacy) from its present location at 4071 18th Street to the project site at 518 Castro Street. The project also includes interior tenant improvements and minor alterations to the existing awning. The project is located within the Castro Street Neighborhood Commercial District and a 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: Disapprove
(Continued from Regular Meeting of January 14, 2016)
Note: On January 14, 2016, after hearing and closing public comment, the Commission adopted a Motion of Intent to Disapprove by a vote of +4 -2 (Commissioners Antonini and Fong against).
SPEAKERS: None
ACTION: Disapproved
AYES: Fong, Hillis, Moore, Wu
NAYES: Antonini
ABSENT: Richards, Johnson
C. COMMISSION MATTERS
3. Consideration of Adoption:
· Draft Minutes for January 14, 2016
SPEAKERS: None
ACTION: Adopted
AYES: Fong, Antonini, Hillis, Moore, Wu
ABSENT: Richards, Johnson
4. 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 Antonini:
Thank you, very troubling but insightful article in today's Chronicle by C.W. Nevius and it was about the tent cities where many homeless are living; up to 70 tents apparently are present under Division Street on presumably on city or state property. But in any case, he interviewed a well-spoken 21-year-old man who had moved to San Francisco from Michigan, presumably homeless already because he commented that one of the reasons he came to San Francisco because he heard that the homeless services are excellent in San Francisco and also, he probably heard when we have tent cities they’re left alone and allowed to persist. This particular man is a heroin addict and asked about whether he’d go to one of the navigation centers, he said “I don’t want a job, I don’t want a home, I just want to get high.” So you know this is not typical of all homeless, but certainly there are a certain number that fit this description and I think as proposed by Supervisor Wiener, we need to establish a lot more navigation centers like Pier 80, which apparently is in the makings and provide enough shelter for all those who wish housing and that's the key point because not all of them actually want to go into housing and you know; but the key is, sort of to paraphrase, what happens at the bar: its 2 in the morning they're told by the owner, you don't have to go home, but you can't stay here. The answer is you don’t have to go to the navigation center but you can’t stay here and I think we have to have some tough love and we could solve this problem we if get enough housing for all those who need to be housed and then start applying some rules. If you and I pitched a tent in the middle of Speedway Meadow in Golden Gate Park and started to spend the night there, the rangers would come by and say what you are doing, you got to get out of here. So I mean the laws apply evenly always and that’s how it should be done.
D. DEPARTMENT MATTERS
5. Director’s Announcements
Director John Rahaim:
My only announcement is on the Housing Work Group that I’m chairing as part of the Mayor’s Housing Task Force. The second meeting of that group is Tuesday afternoon at 3 o'clock at the Department. Reminder, we are looking at process improvements and the grandfathering issue for that work group; and again that’s Tuesday the 2nd in the Planning Department at 3 pm. Thank you.
6. Review of Past Events at the Board of Supervisors, Board of Appeals and Historic Preservation Commission
LAND USE COMMITTEE:
• 150914 Eliminate CU for 100% Afford. Housing. Sponsor: Wiener. Staff: Mohan. On Monday, the Land Use Committee heard Supervisors Wiener’s ordinance that would create an administrative path for 100% affordable housing projects. The Planning Commission heard this item on December 3 of last year. At that time, the Commission was unable to pass a resolution in order to make a recommendation to the Full Board. Even without the Commission adopting a recommendation Supervisor Wiener amended the legislation to include Planning Staff recommendations.
At the Land Use hearing, Planning Staff reviewed the Planning Commission’s discuss at the hearing and the two motions1 that were entertained but failed to pass, resulting in an automatic recommendation of disapproval. There were several public commenters who spoke in favor of the legislation including representatives from Bridge Housing, the Housing Action Coalition, and the Mayor’s Office of Housing. Of note, only 2 commenters out of 16 asked for the Committee to recommend disapproval of the ordinance. Supervisor Cohen expressed unequivocal support for the proposed ordinance, while Super Pekin made a more nuanced argument. In the end, the Committee voted unanimously to forward the ordinance to the Full Board with a positive recommendation.
1 A motion to continue the proposed ordinance to January 21, 2016 failed on a 3 to 3 vote. A second motion to adopt a recommendation for approval as amended by staff, including removal of grocery stores
• 150456 Planning Code - Measurement of Rooftop Appurtenances and Infill Spaces for Noncomplying Structures in C-3 Zoning Districts. Sponsor: Mayor. Staff: Starr. Also on the Land Use agenda was the Rooftop Appurtenance ordinance, which the Committee continued for 90 days so that the ordinance could be amended and sent back to the Planning Commission for additional consideration.
Government Audit and Oversight Committee
• The Government Audit and Oversight Committee held a hearing this week to discuss IMPs and student housing requirements. During the hearing Scott Sanchez adroitly represented the Department and provided a brief summary of these requirements. Ex-Planning Commissioner Doug Engman provided details on the history and development of the IMP requirement2 during Public Comment, and Commissioner Moore also testified at the hearing. The committee and public noted that the IMP requirement has generally been a successful provision, with one notable exception - Academy of Art University. The committee and public expressed much frustration over the ongoing compliance issues with this institution. Supervisor Peskin noted that he has been following this matter for some time and expressed optimism for resolving this in 2016. He also urged the Department to continue with enforcement efforts. The Department is continuing with our enforcement efforts in order to ensure this matter is resolved this year.
2 IMP requirement was adopted 1976 - this is the 40th anniversary.
FULL BOARD OF SUPERVISORS:
• Public Hearing - Appeal of Categorical Exemption from Environmental Review - Proposed Commuter Shuttle Permit Program. Staff: Navarrete, Jones. At the Board hearing this week, the Supervisors were schedule to hear the CatEx appeal for the Commuter Shuttle program; however, Supervisor Yee introduced a motion to continue the CatEx appeal for two weeks to February 9, so that MTA could attempt to make revisions to the Commuter Shuttle Program. There was about one hour of public testimony on the continuance, and the vote was 9-2 to continue the item with Supervisors Weiner and Tang dissenting.
INTRODUCTIONS:
None
Commission Secretary, Jonas Ionin:
The Board of Appeals did meet last night; there are two items that may be of interest: 75 Howard, the Board heard the 309 and variance appeals for this project. At a previous hearing the Board expressed concerns related to the design and how it relates to the surrounding context. The Board asked additional questions related to design, the Board voted one to four to grant the appeal and deny the 309. This motion failed. No subsequent motion was made so the 309 was approved by operation of law. The board vote 2 to 3 to deny the appeal and grant the variance, this motion also failed no subsequent motion was made so the variance was granted by operation of law. The Board also heard an appeal, a project at 312 Green Street which was heard by this commission as a DR in October of 2014 and it was unanimously approved. Since the Commission’s review, the project, the CEQA determination was appealed to the Board of Supervisors and upheld. A related variance was appealed to the Board of Appeals and upheld. Following that appeal the appellant filed a petition for writ of mandate which was denied last week by the California Superior Court. Last night the Board voted unanimously to deny the appeal and uphold the permit. In addition, last week the Board held their election of officers and voted to elevate Commissioner Darryl Honda to President and Commissioner Frank Fung to Vice President.
7. 2015-014110IMP (N. FOSTER: (415) 575-9167)
44 MONTGOMERY STREET - east side of Montgomery Street between Sutter and Market Streets, Lot 012 in Assessor’s Block 0291; Informational presentation on Northwestern University’s Abbreviated Institutional Master Plan (IMP), pursuant to Planning Code Section 304.5. The Abbreviated IMP contains information on the nature and history of the institution, the location and use of affiliated buildings, and development plans.
Preliminary Recommendation: Review and Comment
SPEAKERS: = Nick Foster – Staff presentation
ACTION: Reviewed and Commented
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 – Story poles, RDG
Donald Dewsnup – SF most hostile city toward developers
Charles Duponey – Affordable Divis, lack of community input and affordability
F. REGULAR CALENDAR
The Commission Hearing Procedures provide for presentations by staff; followed by the project sponsor team; followed by public comment for and against the proposal. Please be advised that the project sponsor team includes: the sponsor(s) or their designee, lawyers, architects, engineers, expediters, and/or other advisors.
8. (N. PERRY: (415) 575-9066)
CIVIC CENTER PUBLIC REALM PLAN - Informational presentation on the Civic Center Public Realm Plan. The Civic Center Public Realm Plan is an interdepartmental project led by the Planning Department that will create a cohesive, long-term vision for the design and activation of the Civic Center’s plazas, streets, and other public spaces. The plan area is roughly bounded by Gough Street, Golden Gate Avenue, Market Street, and Fell Street and encompasses the Civic Center Landmark District. The Public Realm plan is part of the City’s larger strategy to improve the Civic Center as both a neighborhood gathering space and a public commons for all San Franciscans. This informational presentation will provide an introduction to the plan and describe its background, goals, scope, and timeline.
Preliminary Recommendation: None – Informational
(Continued from Regular Meeting of November 12, 2015)
SPEAKERS: Neil Hrushowy – Staff presentation
Nick Perry – Staff presentation
James Haas – Neglect of Civic Center
ACTION: None – Informational
9. 2015-014588PCA (D. SANCHEZ: (415) 575-9082)
CODE ENFORCEMENT PROCEDURES [BOARD FILE NO. 151085] - Building, Housing, Electrical, Plumbing, Fire, Health, Planning and Administrative Code amendments, introduced by Supervisor Wiener, to clarify and standardize enforcement procedures for violations of Municipal Codes relating to buildings and property, to require departments to report on code enforcement activities, and to direct the City Administrator to coordinate the preparation of standard Citywide forms for code enforcement proceedings; affirming the Planning Department’s determination under the California Environmental Quality Act; and making findings of consistency with the General Plan , Planning Code Section 302 and the eight priority policies of Planning Code Section 101.1.
Preliminary Recommendation: Adopt a Recommendation for Approval
SPEAKERS: = Diego Sanchez – Staff presentation
+ Supervisor Scott Weiner – Proposed legislation
= Star Child – Providing live able spaces
ACTION: Adopted a Recommendation for Approval
AYES: Fong, Richards, Antonini, Hillis, Moore, Wu
ABSENT: Johnson
RESOLUTION: 19554
10. 2014-002228CUA (C.GROB: (415) 575-9138)
636 OCTAVIA STREET - east side of Octavia Street between Fulton and Grove Streets, Lot 021 in Assessor’s Block 0793; Request for Conditional Use Authorization pursuant to Planning Code Section 720.53 to convert a garage to a 1,185 square foot Business and Professional Service use, doing business as Wilson Properties, at the ground floor of the subject property. The subject property is located in the Hayes-Gough Neighborhood Commercial Transit (NCT) Zoning District and a 40-X Height and Bulk District. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to San Francisco Administrative Code Section 31.04(h).
Preliminary Recommendation: Approve with Conditions
SPEAKERS: = Carly Grob – Staff presentation
+ Donna Schumacher – Project presentation
+ Star Child – Property owners should be allowed to do what they want with their properties
ACTION: Approved with Conditions
AYES: Fong, Richards, Antonini, Hillis, Moore, Wu
ABSENT: Johnson
MOTION: 19555
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.
11. 2015-003951DRP(2) (A. KIRBY: (415) 575-9133)
2626 GREEN STREET - north side between Broderick and Divisadero Streets; Lot 010 in Assessor’s Block 0951 - Request for Discretionary Review of Building Permit Application No. 2014.102.27.9535 proposing to construct a rear horizontal addition, rooftop stair penthouse and roof deck to the existing three-story single-family residence within a 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 San Francisco Administrative Code Section 31.04(h).
Staff Analysis: Abbreviated Discretionary Review
Preliminary Recommendation: Do Not Take Discretionary Review and Approve as Revised
SPEAKERS: = David Lindsay – Staff presentation
- Steve Williams – DR requestor presentation
- Georgia Schuttish – Demo calculations
+ Jim Reuben – Sponsor presentation
+ Lewis Butler – Design presentation
ACTION: Took DR and approved with modifications to the roof deck.
AYES: Fong, Richards, Antonini, Hillis, Moore, Wu
ABSENT: Johnson
DRA No: 0448
12. 2014-000597DRP (M. WOODS: (415) 558-6315)
156 - 27TH AVENUE - east side between Lake Street and El Camino Del Mar; Lot 033 in Assessor’s Block 1332 - Request for Discretionary Review of Building Permit Application No. 2014.07.30.2539, proposing to construct horizontal and vertical additions to the existing two-story over garage, single-family dwelling within a RH-1 (Residential, House, One-Family) 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 as Revised
SPEAKERS: = David Lindsay – Staff presentation
- Marshall Schneider – DR requestor presentation
- Nancy Mclain – Light, air, setbacks, roof deck, privacy
- Francois Assini – Midblock open space
+ Vincent Lege – Project presentation
+ Star Child - Support
ACTION: Took DR and approved with modifications
1. Setting back the third level 6’-6”; and
2. Respectively, setting back the fourth level deck back the same distance.
AYES: Fong, Richards, Antonini, Hillis, Moore, Wu
ABSENT: Johnson
DRA No: 0449
H. 2:30 P.M.
Items listed here may not be considered prior to the time indicated above. It is provided as a courtesy to limit unnecessary wait times. Generally, the Commission adheres to the order of the Agenda. Therefore, the following item(s) will be considered after the time indicated.
13a. 2014-001503GPA (M. MOHAN: (415 575-9141)
AFFORDABLE HOUSING BONUS PROGRAM - General Plan Amendment to make conforming changes in association with legislation creating the Affordable Housing Bonus Program by amending the Housing Element, Urban Design Element, Van Ness Avenue Area Plan, Chinatown Area Plan, Downtown Area Plan, and Northeastern Waterfront Area Plan; making findings, including findings of consistency with the General Plan and the eight priority policies of Planning Code Section 101.1 and affirming the Planning Department’s determination under the California Environmental Quality Act.
Preliminary Recommendation: Conduct a public hearing as scheduled; AND Continue the matter to April 7, 2016
(Continued from Regular Meeting of November 5, 2015)
SPEAKERS: = Gil Kelley – Staff presentation
+ Connor Johnston, Aide to Board President Breed – Rent controlled units, amendment
+ Jeff Buckley, Senior Advisor to the Mayor – Rent controlled units, middle income component
- Deepa Alluri – Organized opposition
- Calvin Welch – Organized opposition
- George Wooding – Viable alternative
- Bernie Coden – Corruption
- Jordan Davis – Density bonus for everyone, affordable housing
- Georgia Schuttish – Noe Valley
- Eileen Boken – Learn mistakes from the past or be doomed to repeat them
+ Bob Tillman – Thank for the Commission’s courage
+ Phil Lesser – Most valuable legislation
+ Brian Hamlin – Support the AHBP
+ Donald Dewsnup – Support
- Stan Hayes – Inadequate EIR
- Paul Webber – Breed amendment
+ (F) Speaker – Middle income housing
= Speaker – Housing crisis, rent control
= Lily Wu – No blanket eligibility
- (M) Speaker – Burroughs for SF
+ Kristy Wang, SPUR – Support
+ Sasha Aiken – Policy crisis
+ John Schwart – Support
= Gerrard Kuskovich – Historic sites; legacy businesses
- Anastasia Yobonopolis – Opposition
+ Rob Poole – 546 emails in support
+ (M) Speaker – Middle income housing
- (F) Speaker – CU permit that would not be needed
+ Irving Gonzalez – Support
= Deanna Kizon, Aide to Supervisor Tang – Support for continuance
- Patricia Kerman – Affordable housing is not affordable
- Elizabeth de Young – Outreach, notification
= Theresa Flandrick – Define affordable housing
- Lorraine Penny – Plan should be thrown out and replace with blank paper
- Tony Robles – This ain’t it
- Scott Weaver – Opposed
- Jim Warshell – Opposed
- Kathy Devincenzi – GPA should be rejected
- Barbara Graham – Piece meal approach
- Mathew Rogers – Probable outcomes
- Hiroshi Fulenda – Don’t relinquish your authority
- Jim Segal – Opposed
- Lori Liederman – Opposed
- (F) Speaker – Displacement, real rent control
- Leslie Dryer – Profit
- Cathy Lipskin – Developer bonus program
- Dennis Moscofian – Bad legislation, start again with community based plan
- Penelope Clark – Ill-conceived plan
- Adel Framer – Buzzsaw of mistrust
- Tommy Avicoli Mecca – This program will not provide housing for those in need most
- Eugene Lew
- Janet Campbell – Middle income collapse
- (M) Speaker – Bait and switch
- Marie Sorenson – Outreach with community
- Cynthia – Lower income people of color
- Jennifer Weaver – Flawed plan, define middle class
- Katherine Howard – Inadequate planning process
- Peter Cohen – Provide housing for the whole middle income
+ Dee Dee Workman – SF Chamber support
- Diane Ruiz – Opposed
- Fernando Marti – A map of value added in different parts of the city
- Joseph Smoot – Why incentivizing market rate housing
- Susan Marsh – Supervisor Breed’s amendment language
+ Tim Colen – State Law, Napa decision
- Anna Kazanjian – What SF is becoming
- Brian Brackney – Subsidized housing people are being pushed out
+ Star Child – NIMBY homeowners
- Glendale Lane – Opposed, task force minutes
+ Kevin Griffith – Bridge Housing support
- David Martinez – Flint Michigan, supply and demand
- Erik Brooks – Rent control, small businesses
+ Laura Clark – We need to create more housing, do not allow imperfect be the enemy of the good
+ (M) Speaker – Support
+ Sonja Trauss – Losing neighborhood character
+ Kyle Huey – State Law
+ Tori Fisher – Support
+ Daniel – Support
= Mike Bulher – Impacts to historic resources
+ Rafael Solori – Current housing conditions
- (M) Speaker – Gentrification plan
- (M) Speaker – Opposition
- Jennifer Higgin – Outreach
+ Alexander Diaz – Current living conditions
+ Jonathan Bouato – Support
= Lisa Gibson – Staff follow up re: CEQA review
= Corey Teague – Staff follow up re: appeal process
= Menaka Mohan – Response to Commission questions
ACTION: After hearing and closing public comment; Continued to February 25, 2016
AYES: Fong, Richards, Antonini, Hillis
NAYES: Moore, Wu
ABSENT: Johnson
13b. 2014-001503PCA (M. MOHAN: (415 575-9141)
AFFORDABLE HOUSING BONUS PROGRAM - 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: Conduct a public hearing as scheduled; AND Continue the matter to April 7, 2016
(Continued from Regular Meeting of November 5, 2015)
SPEAKERS: Same as item 13a.
ACTION: After hearing and closing public comment; Continued to February 25, 2016
AYES: Fong, Richards, Antonini, Hillis
NAYES: Moore, Wu
ABSENT: Johnson
I. 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.
None
Adjournment - 9:05 p.M.
Adopted: February 11, 2016