Planning Commission - July 21, 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, July 21, 2016
12:00 p.m.
Regular Meeting
COMMISSIONERS PRESENT: Fong, Richards, Antonini, Johnson, Moore, Wu
COMMISSIONER ABSENT: Hillis
THE MEETING WAS CALLED TO ORDER BY PRESIDENT FONG AT 12:45 P.M.
STAFF IN ATTENDANCE: John Rahaim – Planning Director, Nicholas Foster, Sharon Young, Christopher Townes, Erika Jackson, and Christine L. Silva – Acting 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. 2014.1020CUA (D. VU: (415) 575-9120)
1515 SOUTH VAN NESS AVENUE (AKA 3251 26TH STREET) - southeast corner of South Van Ness Avenue and 26th Street; Lots 001, 001A & 008 in Assessor’s Block 3251 (District 9) -Request for Conditional Use Authorization of a Planned Unit Development pursuant to Planning Code Sections 121.1, 303 and 304 for demolition of an existing 31,680 square foot commercial/industrial building and construction of an approximately 180,277 square foot, five- to six-story, 65-foot tall building that includes up to 157 dwelling units, approximately 5,241 square feet of ground floor commercial space, 16,441 square feet of usable open space, and up to 81 basement level off-street parking spaces. The project is also requesting modifications from the rear yard, permitted obstructions and dwelling unit exposure requirements pursuant to Planning Code Sections 134, 136 and 140, respectively. The subject property is located within the Mission Street Neighborhood Commercial Transit (NCT) District and 55-X and 65-X Height and Bulk Districts. This notice also meets Section 312 requirements for public notification. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to San Francisco Administrative Code Section 31.04(h).
Preliminary Recommendation: Pending
(Continued from Regular Meeting of June 16, 2016)
Proposed for Continuance to August 4, 2016
SPEAKERS: None
ACTION: Continued to August 11, 2016
AYES: Fong, Richards, Johnson, Moore, Wu
NAYES: Richards
ABSENT: Hillis
2a. 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, 303 and 746.11 to permit the development of a 6-story mixed-use building containing 60 residential dwelling units above ground floor parking and commercial uses within the Divisadero Street Neighborhood Commercial Transit (NCT) District, the Fringe Financial Services Restricted Use District and a 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
Proposed for Continuance to October 20, 2016
SPEAKERS: + Gus Hernandez – supports continuance
- Donna Thompson – against continuance
= (M) Speaker – on-site units
ACTION: Continued to October 20, 2016
AYES: Fong, Antonini, Johnson, Moore, Wu
NAYES: Richards
ABSENT: Hillis
2b. 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 a modification of the rear yard requirements pursuant to Planning Code Section 134 to provide a rear yard less than 25 percent of lot depth. The Project proposes to construct a 6-story mixed-use building containing 60 residential dwelling units above ground floor parking and commercial uses within the Divisadero Street Neighborhood Commercial Transit (NCT) District, the Fringe Financial Services Restricted Use District and a 65-A Height and Bulk District.
Proposed for Continuance to October 20, 2016
SPEAKERS: Same as Item 2a.
ACTION: ZA continued to October 20, 2016
B. COMMISSION MATTERS
3. Consideration of Adoption:
· Draft Minutes for July 7, 2016
SPEAKERS: None
ACTION: Adopted
AYES: Fong, Richards, Antonini, Johnson, Moore, Wu
ABSENT: Hillis
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 Richards:
I just wanted to mention briefly in this morning's Chronicle, John King was invited to go to Denver to see what the impact of development, displacement, and gentrification was in Denver. It is a really interesting article about architecture and some of the solutions they have, which haven’t quite measured up to ours and some that might actually exceeded ours, but I just want to say to everybody out there who disdains the planning process, he does in the his very last section, he says, “As for the quality of what gets added to our landscape, it’s my job to point fingers at subpar dreck but at least the planning process here tends to instill a certain discipline. Buildings may be visual letdowns, but most of them feel like logical extensions of their surroundings.” I think that is a shot out for the planning process and I wanted to thank John King.
C. DEPARTMENT MATTERS
5. Director’s Announcements
Director Rahaim:
One brief announcement regarding the Governor’s by-right legislation, you may have read that the Governor has – there is a series of public discussions happening in different locations in the State to get feedback from local jurisdictions on the governor's legislation. We had been expecting a – I think fourth version of the legislation to come forward and in the last couple weeks that didn't yet happen. So, I think the governor is waiting to hear the feedback from these discussions that are happening around the State, we do expect in a couple of weeks the next version of the legislation, so as soon as we get that we'll send that to you as well. That concludes my report for this week.
6. Review of Past Events at the Board of Supervisors, Board of Appeals and Historic Preservation Commission
LAND USE COMMITTEE:
• 160477 Planning Code – Wireless Telecommunications Services Facilities Sponsor: Avalos. Staff: Masry.
At the week’s Land Use hearing, the Committee heard Supervisor Avalos’s Wireless Telecommunications Services Facilities ordinance. The ordinance would 1) place a ten year time limit on larger Macro sites in residential and mixed-use neighborhoods; 2) Remove height limits for screening, such as fake vent pipes, consistent with the current height limit exemption for unscreened antennas and equipment; and 3) Clarify that staff can deny incompatible applications for wireless facilities in certain historic districts or on certain historic buildings.
On June 16th, the Planning Commission voted unanimously to recommend approval of the ordinance, with a finding to encourage the use of cleaner fuels for any backup power generators used at these facilities.
With no public comment and no questions or comments from the Committee members, the item was forwarded to the Full Board with a positive recommendation.
• 160657 Planning, Administrative Codes - Construction of Accessory Dwelling Units Citywide. Sponsor: Farrell, Wiener. Staff: Haddadan.
Next on the agenda was Supervisors Farrell and Wiener’s Ordinance to allow ADUs citywide. This Ordinance was before this Commission on June 16, and recommended to the Board with modification on a 4 to 1 vote. A similar Ordinance proposed by Supervisor Peskin was heard by the Committee the previous week and was moved to the full board without recommendation.
On Monday, the various sponsoring Supervisors agreed to reach a compromise on their competing pieces of legislation. These compromises include allowing an unlimited number of AUDs in buildings with 5 or more existing units, and allowing ADUs to be expanded by filling in certain spaces such as underneath cantilevered rooms, and infilling light wells. These infills would require Section 311 and 312 notifications, where now they are exempt from such notification.
In terms of the minimum unit size requirements, the Department informed the sponsoring supervisors that the minimums set the week prior, 350 sq. ft. for studios, and 550 sq. ft. for one-bedroom units, would deem 35 of the pipeline ADUs infeasible. Supervisor Peskin requested additional information in this regard for the Board action on Tuesday.
Lastly, Supervisor Wiener agreed to prohibit subdivision and sale of ADUs only for units added to apartment buildings. ADUs in condominiums would be allowed to subdivide or sell. Additionally Supervisor Wiener proposed an amendment that would allow ADUs in buildings undergoing seismic retrofitting to be subdivided and sold separately, when the condo lottery program resumes. These amendments were all passed at the Committee.
Public comment was mainly in favor of the proposed ordinance, but with some caveats. There was opposition to allowing expansion of the building envelope to create ADUs; some felt that there should be no expansion while others felt that the ADUs should be able to expand into the entire buildable envelope.
At the end of the hearing, the committee voted to move the item forward as a committee report with no recommendation.
FULL BOARD:
• 160632 Planning, Administrative Codes - Planning Department Fees - Future Fee Adjustments. Sponsor: Mayor. Staff: DiSanto.
• 160687 Planning Code - 100% Affordable Housing Bonus Program. Sponsor: Mayor, Tang. Second Read, Item 31
At this week’s extremely contentious Board of Supervisor’s hearing, the Board passed the Planning Department Fee’s ordinance on its second read and the 100% Affordable Housing Bonus ordinance on its second read.
• 160252 Planning, Administrative Codes - Construction of Accessory Dwelling Units Citywide. Sponsor: Peskin. Staff: Haddadan.
• 160657 Planning, Administrative Codes - Construction of Accessory Dwelling Units Citywide. Sponsor: Farrell, Wiener. Staff: Haddadan.
Also at the Full Board, the Supervisors took a break from the earlier acrimony to consider the two competing ADU ordinances. In order to decide which piece of legislation should be finally amended and voted on, Supervisor Peskin recommended to flip a “1 dollar Sacagawea coin.” The coin toss was won by Supervisor Farrell.
With regard to unit size minimums, Supervisor Wiener requested that the minimum would be 300 regardless of whether the unit is a studio or one-bedrooms. In response, Supervisor Peskin suggested making amendments to remove minimum unit size limits all together. Instead, an uncodified section was added that required the Planning Department to track unit sizes and report back in about a year. These amendments were made, and the citywide ADU legislation was passed on its first read at the Board with a 10 to 1 vote, with Supervisor Yee voting against.
• 160599 Interim Zoning Controls – Hotel Conversion Ordinance. Sponsor: Peskin; Kim and Cohen.
The Board also adopted interim Zoning Controls requiring Conditional Use Authorization for the conversion of Residential Hotels. This was sponsored by Supervisors Peskin, Kim and Cohen.
INTRODUCTIONS:
• 160799 Planning Code - Interim Zoning Controls for requiring Conditional Use authorization for Pharmacies in the Castro Street Neighborhood Commercial District to. Sponsor: Wiener. Staff: TBD
BOARD OF APPEALS:
The Board of Appeals did meet last night, but did not take action on any items that would be of particular interest to the Planning Commission.
HISTORIC PRESERVATION COMMISSION:
The Historic Preservation Commission also met yesterday and adopted recommendations of approval for the first set of Legacy Business Applications. There were 9 applications.
7. 2016-004046IMP (N. FOSTER: (415) 575-9167)
98 Battery Street - east side of Battery Street between Pine and Bush Streets, Lot 008 in Assessor’s Block 0266 (District 3); Informational presentation on Holberton School’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.
SPEAKERS: = Nick Foster – Staff presentation
= Sophie ____ - Sponsor presentation
= John Jones – Police podium
ACTION: None - Informational
D. 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 - Merged UNits
Mary Gallagher – 1469 Pacific, UDAT
E. 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. 2015-012678CUA (S. YOUNG: (415) 558-6346)
2447 LOMBARD STREET - south side between Divisadero and Scott Streets, Lot 026 in Assessor’s Block 0937 (District 2) - Request for Conditional Use Authorization pursuant to Planning Code Sections 303(c) and 712.54 to add a massage establishment use with approximately 430 square feet of floor area on the mezzanine level of a three-story, mixed-use building as an accessory use to an existing ground floor hair salon (d.b.a. Lombard Beauty Salon) within a NC-3 (Moderate-Scale) Neighborhood Commercial District and 40-X Height and Bulk District. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to San Francisco Administrative Code Section 31.04(h).
Preliminary Recommendation: Approve with Conditions
SPEAKERS: = Sharon Young – Staff presentation
+ (M) Speaker – Project presentation
ACTION: Approved with Conditions
AYES: Fong, Richards, Johnson, Moore, Wu
NAYES: Antonini
ABSENT: Hillis
MOTION: 19703
F. 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.
9. 2014-003191DRP-08 (C. TOWNES: (415) 575-9036)
40 BERNAL HEIGHTS BOULEVARD/965, 985, 1025 POWHATTAN AVENUE- the triangular-shaped project site is bounded to the south by Powhattan Avenue, to the north by Bernal Heights Boulevard, to the west by an undeveloped portion of Rosenkranz Street, and to the east by an undeveloped portion of Carver Street; Lot 010 in Assessor’s Block 5640 (District 11)- Request for Discretionary Review (DR) of building permit application Nos 2014.0521.6382; 2014.0521.6394-6396, proposing subdivision of Block 5640 Lot 010 to create four new separate lots and construction of one three-level single-family dwelling on each new lot within a RH-1 (Residential House, One-Family) Zoning District, Bernal Heights Special Use 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: Do Not Take Discretionary Review and Approve
SPEAKERS: = Chris Townes – Staff presentation
- Betsy Brown – DR Requestor presentation
- Colin Petheram – DR Requestor presentation
- Melissa Shaw – DR Requestor presentation
- (F) Speaker – DR Requestor presentation
- Terry Mill – East Slope Design Review Board, Design Guidelines
- Michael Groh – Height requirements
- Mike Lerner – East Slope community review
- Steve Fritch Rudser – Mediation sessions, East Slope Building Guidelines
- (F) Speaker – Sensible development
- Melissa Shaw for Herb Felsenfeld – Careless development
- Linda McKnight – Development
- Nicola Griffin – Downslope development
- Barbara Underberg – Massing
+ John Kevlin – Project Sponsor presentation
+ Reza Khoshnevisan – Project Sponsor presentation
+ Kiren _____ - Family sized housing
+ (F) Speaker – Housing in Bernal Heights
+ John O’Connor – Moderate housing
+ Michael Cassidy – Reasonable project
ACTION: Took DR and approved as modified to include:
1. 4-foot side setbacks
2. Set back roof decks towards the center of the roofs not to be visible from lime of site across the street at the sidewalk
3. Work with staff minimize hardscape
4. Maximize material variety and articulation
5. Build stairs to DPW/City standards
6. Differentiation of garage door design/material
AYES: Fong, Richards, Antonini, Johnson, Moore, Wu
ABSENT: Hillis
DRA No: 0470
10. 2015-013891DRM (E. JACKSON: (415) 558-6363)
100 SICKLES AVENUE - northern corner of Sickles and Huron Avenues; Lot 016 of Assessor’s Block 7142 (District 11) - Request for a Mandatory Discretionary Review of a Building Permit Application to establish a Medical Cannabis Dispensary (MCD) (d.b.a. “God’s Green Compassion”) on the ground floor of the subject property. The MCD would allow for on-site sales of medical cannabis and/or medical cannabis edibles. No on-site cannabis cultivation, nor on-site medication of medical cannabis would take place at the subject property. The subject property is within the Excelsior Outer Mission Street NCD Zoning District and 40-X Height and Bulk District. This action constitutes the Approval Action for the project for purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.
Preliminary Recommendation: Take Discretionary Review and Approve with Conditions
(Continued from Regular Meeting of April 28, 2016)
SPEAKERS: = Erika Jackson – Staff presentation
- Jeremy Polluck – Supervisor Avalos office
+ Tikisha Upshaw - Project Sponsor presentation
+ Shelley Bradford Bell – Project Sponsor presentation
- Captain Joe McFadden – MCD clustering
+ (M) Speaker – Work
+ Linda Richardson – Approve project
- John Jones – MCDs as jails
+ Mahal Montoya – Veteran support
- Rodger Giddens – Concern for young people, exposure
- Delia Fitzpatrick – Serving students
+ Richard Dixon – Help medicate
- Linette Alvarenga Haynes – Too many MCDs
- Kimberly Alvarenga – Density of MCDs in district
+ Lee Riley – Wellness centers needed
- Ahsha Safai – MCD clustering
+ Carol Tattum – Support
- Monika Yungert – Inexperienced MCD
- (F) Speaker – Opposed
+ Cathy Adams – Woman of color in business
+ Trevor Lawrence – Prescription drug negligence
+ Tyler Smith – Welcoming environment, woman of color
- Raymond Rivera – Driveway as parking spot, parking issue
- Steven Currier – MCD Clustering, parking
- Colonel Silverio – Illegal use surrounded by schools
- Jenol McLinn – Environmental racism and justice
- Tom Murphy – MCD Clustering
- Ricky Caceres – MCD Clustering
- Bonnie Brugmann – Effect on children in neighborhood
- Diego Murillo – Too many MCDs in neighborhood
- Alex Murillo – Parking, validity of information
- Elies Cabreros – Safety for children, family
+ James Espinosa – Reason
+ Ryan Miller – Veteran support
- Marley Norman – MCD Clustering
- Allen Mills – Enough MCDs
- David Hooper – MCD Clustering
- Stephanie Cahina – MCD Clustering
- Andrea Furruchi – Listen to neighborhood
- Grace Brailey – MCDs in neighborhood
= Sylvia Johnson – Memory loss, MCDs
+ Gregory Richardson – Legalizing marijuana on ballot
- ____ Ling – Overclustering in certain districts, safety
- Mary Ghallager – MCD Clustering, property a mess
- (F) Speaker – Safety for family
- Sarah Son – Opposed
- Sandy Young – No more MCDs
- Audrey – High number of MCDs, safety
- (F) Speaker – Safety for kids
- Barbara Fuge – Too many MCDs
- Joelle Canilly – Too many MCDs
- Mary Harris – MCD Clustering, not a racial issue
+ Daisy Ozim – People of color dispensaries, expand green zone
- Quan Win – Location, too many MCDs
- Lisa Sang – Traffic, safety
+ Sionne Lincho – Women in color in cannabis, stigma
+ (F) Speaker – Stigma, changing model with delivery service
+ Tika ____ - Veteran support
+ Isamarie Perez – Involved community, new standard
+ Steven Mason – Benefits from medical marijuana, regulation
- Loraine Braddock – District share in MCD responsibility
+ (F) Speaker – Understands concern, about relationships
- Christine White – resident at 100 Sickles, dilapidated property
- Ozel Khan – 28 MCDs in SF, too many, quality of life
ACTION: Took DR and Disapproved
AYES: Fong, Richards, Antonini, Johnson, Moore, Wu
ABSENT: Hillis
DRA No: 0471
G. PUBLIC COMMENT
At this time, members of the public may address the Commission on items of interest to the public that are within the subject matter jurisdiction of the Commission except agenda items. With respect to agenda items, your opportunity to address the Commission will be afforded when the item is reached in the meeting with one exception. When the agenda item has already been reviewed in a public hearing at which members of the public were allowed to testify and the Commission has closed the public hearing, your opportunity to address the Commission must be exercised during the Public Comment portion of the Calendar. Each member of the public may address the Commission for up to three minutes.
The Brown Act forbids a commission from taking action or discussing any item not appearing on the posted agenda, including those items raised at public comment. In response to public comment, the commission is limited to:
(1) responding to statements made or questions posed by members of the public; or
(2) requesting staff to report back on a matter at a subsequent meeting; or
(3) directing staff to place the item on a future agenda. (Government Code Section 54954.2(a))
Adjournment – 6:29 p.m.
ADOPTED: aUGUST 4, 2016