Planning Commission - September 29, 2016 - Minutes

Meeting Date:

September 29, 2016 - 12:00pm

Location:

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Supporting Documents Agenda

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 29, 2016

12:00 p.m.

Regular Meeting

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

THE MEETING WAS CALLED TO ORDER BY PRESIDENT FONG AT 12:08 P.M.

STAFF IN ATTENDANCE: John Rahaim - Planning Director Christy Alexander, Jonathan DiSalvo, Aaron Starr, Christopher Townes, Nancy Tran, Carly Grob , Britanny Bendix, 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. 2015-013617CUA (B. BENDIX: (415) 575-9114)

471 24^TH AVENUE - located on the west side of 24^th Avenue between Clement Street and Geary Boulevard, Lot 013 in Assessor’s Block 1456 (District 1) - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303 and 317 to demolish a two-story single family dwelling through a major alteration within a RM-1 (Residential, Mixed, Low Density) Zoning District and 40-X Height and Bulk District. The project will construct horizontal additions at the front and rear of the existing structure, construct a two-story vertical addition, renovate the front façade and establish two addition dwelling units. The resulting 40-foot tall building will contain three dwelling units. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

Preliminary Recommendation: Approve with Conditions

(Proposed for Continuance to October 6, 2016)

SPEAKERS: None

ACTION: Continued to October 6, 2016)

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

ABSENT: Johnson

2. 2016-007216CUA (A. PERRY: (415) 575-9017)

1116 POLK STREET – located on the east side of Polk Street between Post and Hemlock Streets, Lot 012 in Assessor’s Block 0692 (District 3) – Request for Conditional Use Authorization, pursuant to Planning Code Sections 303 and 723.27 to allow an extension to the hours of operation until 4 a.m. daily, for an existing Limited Restaurant (d.b.a. Mustafio’s Pizza). No other changes are proposed. The subject property is located in the Polk Street Neighborhood Commercial District (NCD), the Lower Polk Street Alcohol Restricted Use District, and 130-E Height and Bulk District. The Project is not subject to the California Environmental Quality Act (CEQA) as the extension of hours is not considered a project under CEQA.

Preliminary Recommendation: Approve with Conditions

(Proposed for Continuance to October 6, 2016)

SPEAKERS: None

ACTION: Continued to October 6, 2016)

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

ABSENT: Johnson

3a. 2015-001277drp (t. kennedy: (415) 575-9125)

3772 20^th street - north side between Dolores Street and Guerrero Street; Lot 138-141 in Assessor’s Block 3598 (District 8) - Request for Discretionary Review of Building Permit Application No. 2015.06.16.9131, proposing to replace and modify an existing rear stair way and construct a roof deck over an existing garage in the rear yard of an existing four-unit residential building 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 Section 31.04(h) of the San Francisco Administrative Code.

Staff Analysis: Full Discretionary Review

Preliminary Recommendation: Do Not Take Discretionary Review and Approve

(Continued From Regular Hearing of September 8, 2016)

(Proposed for Continuance to December 8, 2016)

SPEAKERS: None

ACTION: Continued to December 8, 2016)

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

ABSENT: Johnson

3b. 2015-001277VAR (t. kennedy: (415) 575-9125)

3772 20^th street - north side between Dolores Street and Guerrero Street; Lot 138-141 in Assessor’s Block 3598 (District 8) - Request for Rear Yard Variance from the rear yard requirements, proposing to replace and modify an existing rear stair way and construct a roof deck over an existing garage in the rear yard of an existing four-unit residential building within a RH-3 (Residential House, Three-Family) Zoning District and 40-X Height and Bulk District.

(Continued From Regular Hearing of September 8, 2016)

(Proposed for Continuance to December 8, 2016)

SPEAKERS: None

ACTION: Acting ZA Continued to December 8, 2016

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

4. 2016-006465CUA (C. ALEXANDER: (415) 575- 8724)

1101 VAN NESS AVENUE – southwest side of Van Ness Avenue between Geary Boulevard, Post Street, and Franklin Street; Lots 005&006 in Assessor’s Block 0695 (District 5) - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303 and 608.11, to allow the use of the adjacent NC-3 District sign controls for the installation of three identifying wall signs on the new Sutter CPMC hospital building within a RC-4 (Residential-Commercial, High Density) Zoning District, Van Ness SUD, Van Ness Medical Use Subdistrict and 230-V Height and Bulk District. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

Preliminary Recommendation: Approve with Conditions

(Continued from Regular hearing of September 8, 2016)

SPEAKERS: None

ACTION: Continued to October 27, 2016

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

ABSENT: Johnson

5. 2016-007837CUA (C. GROB: (415) 575-9138)

466 EDDY STREET - Located on the north side of Eddy Street between Hyde and Leavenworth Streets, Lot 013 in Assessor’s Block 0334 (District 6) - Request for Conditional Use Authorization, pursuant to Planning Code Sections 249.5 and 303(n) to allow 622 square feet of Massage Use as an accessory use to a 2,520 square foot Personal Service Use (d.b.a. Onsen Spa and Tea Room). The project does not propose any physical alterations to the existing building. The subject property is located in the RC-4 (Residential-Commercial, High-Density) Zoning District, the North of Market Residential Special Use District, and 80-T Height and Bulk District. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

Preliminary Recommendation: Approve with Conditions

SPEAKERS: None

ACTION: Approved with Conditions

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

ABSENT: Johnson

MOTION: 19746

6. 2016-002258CND (J. DISALVO: (415) 575-9182)

785 SAN JOSE AVENUE - located on the east side of San Jose Avenue between 30^th and 29^th Streets; Lot 027 in Assessor’s Block 6635 (District 9) - Request for Condominium Conversion Subdivision to convert a four-story building containing six residential units into six residential condominiums within a RH-3 (Residential, House Three-Family) Zoning District and 40-X Height and Bulk District. The project was determined not to be 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 with Conditions

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

ABSENT: Johnson

MOTION: 19747

7. 2015-003067CUA (J. DISALVO: (415) 575-9182)

144 CASHMERE STREET - north of Dedman Court, east of Innes Avenue, and southwest of Hudson Avenue; Lot 084 of Assessor’s Block 4710 (District 10) – Request for a Conditional Use Authorization - Planned Unit Development pursuant to Planning Code Sections 303 and 304, to establish a new property management office and modify the required rear yard (Planning Code Section 134) previously approved by the San Francisco Redevelopment Agency. The proposal includes construction of a new one-story office building with approximately 900 square feet for the property management office (d.b.a. Ridge Point Non-Profit Housing Corporation) to serve the residents of the Ridgeview Terrace and the Jackie Robinson Apartments, which were developed under the San Francisco Redevelopment Agency. The project would reduce the amount of public open space from 107,160 square feet to 105,500 square feet. The project is located in a RH-2 (Residential House Two Family) and a RH-1 (Residential House One Family) Zoning Districts and 40-X Height and Bulk District. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

Preliminary Recommendation: Approve with conditions

(Continued from Regular hearing of September 8, 2016)

SPEAKERS: None

ACTION: Approved with Conditions

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

ABSENT: Johnson

MOTION: 19748

C. COMMISSION MATTERS

8. Consideration of Adoption:

· Draft Minutes for September 8, 2016

SPEAKERS: None

ACTION: Adopted as Amended

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

ABSENT: Johnson

· Draft Minutes for September 15, 2016

SPEAKERS: None

ACTION: Adopted

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

ABSENT: Johnson

9. 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.

D. DEPARTMENT MATTERS

10. Director’s Announcements

None

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

Land Use Committee:

· 160509 Planning Code, Zoning Map - Rezoning 2070 Folsom Street. Sponsor: Campos. Staff: Salcedo.

At this week’s land use hearing, the Committee heard an Ordinance that amends the Planning Code by revising the Zoning and Height & Bulk District for 2070 Folsom Street, changing from its current designation as Public (P) with a Height and Bulk designation of 50-X, to Urban Mixed Use (UMU) with a Height and Bulk Designation of 85-X. This ordinance was heard at the Planning Commission on July 28th, and with a 5-0 vote, the Commission recommended that the BOS adopt this proposed ordinance. At the Land Use and Transportation Committee this week there were only a few brief public commenters, all in support of the proposed ordinance, and the Committee moved the item to the Full Board with a positive recommendation.

Full Board:

· 160321 Planning Code - Housing Balance Report. Sponsor: Kim. Staff: D. Sanchez. Passed its First Read

· 160426 Planning Code, Zoning Map - Rezoning Midtown Terrace Neighborhood. Sponsor: Yee. Staff: Starr.

The Midtown Terrace rezoning was also considered by the Full Board this week. At the Board hearing Supervisor Yee moved to remove the amendment added by Supervisor Wiener at the Land Use Committee that subjected the Midtown Terrace Neighborhood to the City’s Accessory Dwelling Unit program. Supervisor Campos seconded the amendment. The Board then voted to pass this item on first read with Supervisor Wiener as the only dissenting vote.

Introductions:

· No New introductions

BOARD OF APPEALS:

The Board of Appeals did meet last night – only one item that may be of interest to the Commission. Appeal of building permit for 1430-36^th Avenue, which was before the Commission as a DR earlier this year. At that hearing the Commission took DR to add an NSR restricting use of building to Single Family Dwelling (due to DR requestor concerns about the potential to use the ground floor as an illegal 2^nd dwelling unit). The appeal was filed by the neighbor, who maintained concerns about the ground floor layout and extension of the building at the rear. The Board of Appeals unanimously denied the appeal and approved the permit as conditioned by the Planning Commission.

HISTORIC 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.

None

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.

12. 2016-008126MAP (A. STARR: (415) 558-6362)

UPPER MARKET STREET – Planning Code and Zoning Map Amendment - Ordinance amending the Planning Code to revise Section Map ZN07 of the Zoning Map to delete the Upper Market Street Neighborhood Commercial (NC) District and reclassify Block 2623, Lot 006 at 376 Castro Street and Block 2623, Lot 091 at 2416-2420 Market Street from Upper Market Street NC District to the Upper Market Street Neighborhood Commercial Transit (NCT) District; affirming the Planning Commission’s determination under the California Environmental Quality Act; making findings of public convenience, necessity, and welfare under Planning Code, Section 302; and making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1.

Preliminary Recommendation: Adopt a Recommendation for Approval

(Continued from Regular hearing September 22, 2016)

SPEAKERS: None

ACTION: Approved a Recommendation for Approval as amended

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

ABSENT: Johnson

RESOLUTION: 19749

13. 2016-008768PCA (A. STARR: (415) 558-6362)

AMUSEMENT ARCADES IN EN MIXED USE DISTRICTS [BF 160748] - Planning Code Amendment - Ordinance introduced by Supervisor Kim that would amend the Planning Code to allow amusement arcades in Eastern Neighborhoods Mixed Use Districts except for the Residential Enclave Districts; affirming the Planning Department’s determination under the California Environmental Quality Act; making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1; and adopting findings of public convenience, necessity, and welfare under Planning Code, Section 302.

Preliminary Recommendation: Adopt a Recommendation for Approval with Modifications

SPEAKERS: = Aaron Starr – Staff Report

+ April Veneracion Ng, Aide to Supervisor Kim – Legislation overview

+ Henry Karnilowicz – Support

- Jeffrey Liebowitz – No community involvement, request for continuance

+ Hassan Mamoub – Arcade bar

+ Speaker – Arcade support

+ Joseph Abatte – Diversity, bridging generations

+ Kingston Wu – Support

+ Peter Carbono – Destination location is Sacramento

+ Graystone Lebewsky – Support

+ Shilo – Lack of social places where it can be experienced sober

+ Speaker – Support

+ Speaker – Higher vibration

+ Paulina Karniss – Support

ACTION: Adopted a Recommendation for Approval as amended, limiting the legislation to the SLI zoning district.

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

RESOLUTION: 19750

14. 2015-002135CUA (C. TOWNES: (415) 575-9195)

854 CAPP STREET - west side of Capp Street between 23^rd and 24^th Streets; Lot 041 in Assessor’s Block 3642 (District 9) - Request for a Conditional Use Authorization (CUA), pursuant to Planning Code Section 303 and 317, to demolish the existing 2,020 square foot, one-story-over-basement, single family residence (with detached rear accessory building) on a 3,062 sf (25’x122.5’) lot, and construct a new 40-foot tall, four-story, 7,815 square foot, residential building with four dwelling units. Pursuant to Planning Code Section 317(c), an application for a permit that would result in the loss of one or more Residential Units is required to obtain Conditional Use Authorization and the application for a replacement building shall be subject to Conditional Use requirements. The subject property is located within the RTO-M (Residential Transit Oriented- Mission) 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: Approve with Conditions

(Continued from Regular hearing September 15, 2016)

SPEAKERS: = Chris Townes – Staff Report

+ John Strickland – Support

+ Felix Flores – Church consideration

ACTION: After hearing and closing public comment; Continued to October 13, 2016

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

NAYES: Fong

15. 2015-003791CUA (N. TRAN: (415) 575-9174)

203 COTTER STREET - south side of Cotter Street, between Cayuga and San Jose Avenues, Block 6795A, Lot 029 (District 11) - Request for a Conditional Use Authorization (CUA), pursuant to Planning Code Section 303 and 209.1, to construct a new K-8 school (d.b.a. Golden Bridges School) at 203 Cotter Street, an undeveloped site currently used as neighborhood agricultural. The proposed institution includes an approximately 15,400 gross square foot two-story building (24 feet – 8 inches) divided into two sections by an open air central corridor, six internal courtyard spaces, 41 bicycle parking spaces (33 Class 1 and eight Class 2) and a U-shaped drive that can accommodate up to five cars for on-site passenger loading/unloading. The subject property is located within a RH-1 (Residential-House, One Family) zoning and 40-X Height and Bulk Districts. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to Section 31.04(h) of the San Francisco Administrative Code.

Preliminary Recommendation: Approve with Conditions

SPEAKERS: = Nancy Tran – Staff Report

+ Jesse Elliot – Project presentation

+ Stanley Saitowitz – Design presentation

+ Claire Simmons – Support

+ Beena Shamelli – Support

+ Heather Mills – Support

+ Giles Brown – Support high quality educatin

- Rita Galini – Floodwater and sewage

+ Max Copanion – Support

+ Margaret Fox – Supprot, open and welcome place

- Wendy Robishai – Flooding

- Nancy Huff – Stormwater and sewage

- Rick Hopko – Traffic and parking

- Carrie Evensong – Flooding

+ Speaker – Value of the school

+ Chrissan Mattias – Support

+ Ray Ford – Support

+ James Relleno – Support

- Caitlin Galloway – Farming, urban agriculture

- Speaker – Negative impacts

Silvia Johnson –

- Katrin Dodon – Preserve the working farm

- Ben Grossman – Request for continuance

- Bonnie Rose Weaver – Last natural resource

- Patrice Strayhand – Opposition

- Arnold Zelaya – Emergency egress

- Jesse Levitt – Opposition

- Alice Cho – Opposition

- Richard Chung – Request for continuance

- Ricca Quan – Opposition

- Speaker – Opposition

- Donna Sheree – Opposition

- Tracy Delucca – Opposition

- Glen Renaldi – Opposition

- Speaker – Opposed to a continuance

- Gelima Gallardi – Traffic

+ Beth Clarke –

- Sarah Fontaine

+ Matt Gensten –

+ Vanessa Gensten

+ Speaker – Support

+ Michelle Gordon – Support

+ Speaker – Support

+ Dara Crawford – Support

- Brian Murray –

- Jill Hrenbacker

+ Vivian Saphran

- Naomi Jolles

+ Betsy Yetti

+ Arik Adenberg

+ Daphna Bloomigfeld

+ Speaker

+ Noe

+ Amanda Harper

- Ken Viola

- Fred Renee – Egress

- Ellen Banman – Continuance

- Speaker – Continuance

- Mila Mirnoff – Noise

- Donna Turner –

- Adam Scvhoeder – Storm plan

+ John Rizzo

- Brian Cush – American farm

+ Lauren Struckmyer

+ Jamie Ruiz-Sitiyakorn

+ Allison

+ Kathleen Delafaron

+ Malia Mannix

- Tim Rebbit – Continuance

- Matt – Flooding

- John Jones – CEQA, continuance

+ Roberta Chavez

- Jay Hanes

- Asha Safai – Community process, flooding

- Speaker

- Karen Heisler

- Speaker

- Gloria Wu – Review the documents

- Speaker – Where we will farm?

+ Inga Fell

+ Justine Costers

- Mari Sorenson – Floosing

- Nils Jansen – Continuance

+ Kip Kolbert

+ Joel Lightheiser – Flooding

- Suzanne Short

- Aaron Weiss – Missed opportunity

- Elisha Godlove

- Melissa Ghosh

+ Speaker

+ Scott Sivy

+ Nick Jessefowitz

+ Speaker

+ Cathering Shocks

+ Speaker

ACTION: Approved with Conditions as amended, directing staff to continue working with the sponsor and the community on traffic, open space and other fine grain issues.

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

MOTION: 19751

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 – 6:19 p.m.

adopted: october 13, 2016

Planning Commission - September 29, 2016 - Minutes

D. DEPARTMENT MATTERS

F. REGULAR CALENDAR

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