Planning Commission - January 12, 2017 - 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 12, 2017
12:00 p.m.
Regular Meeting
COMMISSIONERS PRESENT: Richards, Hills, Johnson, Koppel, Melgar Moore
COMMISSIONER ABSENT: Fong
THE MEETING WAS CALLED TO ORDER BY PRESIDENT FONG AT 12:14 P.M.
STAFF IN ATTENDANCE: John Rahaim – Planning Director, Marcelle Boudreaux, Veronica Flores, Esmeralda Jardines, Jonathan DiSalvo, Seema Adina, 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.
None
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
1. 2014.1316C (C. GROB: (415) 575-9138)
201 2nd STREET - at the corner of Howard and 2nd Streets, Lot 097 in Assessor’s Block 3736 (District 6) - Request for Conditional Use Authorization pursuant to Planning Code Sections 156 and 303 allow a two-year extension of the existing use as a surface parking lot within the C-3-O(SD) (Downtown – Office, Special Development) Zoning District and 350-S Height and Bulk District. The project does not include any expansion of the existing parking lot. 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: Richards, Hillis, Koppel, Melgar, Moore
ABSENT: Fong, Johnson
MOTION: 19829
2. 2016-001313CUA (S. SKANGOS: (415) 575-8731)
2141 CHESTNUT STREET - west side between Steiner and Pierce Streets; Lot 045 of Assessor’s Block 0490 (District 2) - Request for a Conditional Use Authorization, pursuant to Planning Code Sections 303(c) and 711.33A, to develop a Verizon Wireless Macro Wireless Telecommunications Services Facility consisting of up to twelve (12) screened rooftop mounted panel antennas, two (2) GPS antennas and an associated screened rooftop equipment area as part of the Verizon Wireless Telecommunications Network. The subject property is located within a NC-2 (Neighborhood Commercial, Small Scale) 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 December 8, 2016)
SPEAKERS: None
ACTION: Approved with Conditions
AYES: Richards, Hillis, Koppel, Melgar, Moore
ABSENT: Fong, Johnson
MOTION: 19830
3. 2016-003758CUA (V. FLORES: (415) 575-9173)
2300 MARKET STREET - at the intersection of 16th and Noe Streets, Lot 001 in Assessor’s Block 3562 (District 8) - Request for Conditional Use Authorization pursuant to Planning Code Sections 303 and 733.44 to allow a change of use from a check cashing store to a restaurant d.b.a Super Duper Burgers, on the ground floor of the existing four-story building within the Upper Market NCT (Neighborhood Commercial Transit) Zoning District and 50-X Height and Bulk District. The proposal involves expanding the existing Super Duper location adjacent to the project site to operate out of two commercial spaces. 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 November 3, 2016)
SPEAKERS: None
ACTION: Approved with Conditions
AYES: Hillis, Koppel, Melgar, Moore
RECUSED: Richards
ABSENT: Fong, Johnson
MOTION: 19831
C. COMMISSION MATTERS
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.
None
D. DEPARTMENT MATTERS
5. Director’s Announcements
2008.1084EHKXRTZ (M. BOUDREAUX: (415) 575-9140)
706 MISSION STREET- Informational Presentation – of the 1% Public Art Requirement for a project to rehabilitate the 10-story historic Aronson Building and construct a new, adjacent 43-story tower. The Mexican Museum is proposed to be housed on floors two through four. The project was approved on April 3, 2013 by the Historic Preservation Commission; on May 7, 2013 the Board of Supervisors voted to affirm the Planning Commission’s certification of the EIR; and on May 23, 2013, the Planning Commission approved the project.
Preliminary Recommendation: None – Informational
SPEAKERS: = Marcelle Boudreaux – Staff Report
+ Christen Gonser – Mexican Museum public art component
+ Jan Hendrix – Art installation
ACTION: None – Informational
6. Review of Past Events at the Board of Supervisors, Board of Appeals and Historic Preservation Commission
Land Use Committee:
· 161178 General Plan Amendments - Implementing the City’s Vision Zero Policy Regarding Pedestrian Safety. Sponsor: Planning. Staff: Langlois.
At this week’s land use hearing, the Committee considered amendments to the Transportation and Urban Design Elements of the General Plan, which would add language to aide in the City’s implementation of Vision Zero. Commissioners, you heard this item on October 20 of last year and recommended Approval. At the hearing, Supervisor Peskin expressed concerns that his office and neighborhood groups in his district were not consulted on the proposed changes prior to it coming to the Board. Chinatown, Downtown, Fisherman’s Warf, and Union Square, all neighborhoods in District 3, are the only neighborhoods called out specifically in the new proposed language regarding the need to develop streetscape and public realm plans.
During public comment there was one speaker who represented the community group Chinatown Trip. He wanted language added to the GP Amendment to ensure community engagement on future public realm plans. Supervisor Peskin said that he supported the proposed changes in the ordinance and his concerns were not significant enough to vote against the amendments; however, he did express a desire for a follow-up piece of legislation that would add language about requiring community engagement to new Visions Zero policies. The committee then voted to recommend the item to the Full Board.
· 160656 Planning Code - Medical Service Use - Sacramento Street Neighborhood Commercial District. Sponsor: Farrell. Staff: Starr.
Next on the agenda was Supervisor Farrell’s ordinance that would require conditional use authorization for Medical Services Uses in the Sacramento Street NCD. Commissioners, you heard this item on November 17 and voted to recommend approval of the proposed ordinance. At the Land Use hearing there was no public comment and only clarifying questions from the Committee members. The Committee voted to recommend the item to the Full Board.
· 161308 General Plan Amendments - Potrero HOPE SF Project. Sponsor: Commission. Staff: Snyder
· 161159 Planning Code - Potrero HOPE SF Special Use District. Sponsor: Cohen. Staff: Snyder
· 161160 Planning Code, Zoning Map - Potrero HOPE SF Zoning Map Amendments. Sponsor: Cohen. Staff: Snyder
· 161309 General Plan Amendments - Sunnydale HOPE SF Project. Sponsor: Planning. Staff: Snyder
· 161162 Planning Code - Sunnydale HOPE SF Special Use District. Sponsor: Cohen. Staff: Snyder
· 161163 Planning Code, Zoning Map - Sunnydale HOPE SF Zoning Map Amendments. Sponsor: Cohen. Staff: Snyder
Also on the agenda were the Planning Code, General Plan, and Zoning Map Amendments for the 2 HOPE SF projects. Commissioners you heard these items in November of last year and voted to recommend approval. At the hearing there was significant public comment in support from those that live in the current housing projects and other members of the community. After expressing support for the projects and the public process, the Committee then voted to recommend the items to the Full Board.
· 161241 Interim Zoning Controls - Indoor Agriculture. Sponsor: Mayor. Staff: Not Staffed.
And last on the agenda were interim controls, sponsored by the Mayor, which would require conditional use authorization for indoor agriculture. These interim controls are in response to California voters passing proposition 64 this past November, which legalized adult use cannabis.
The interim controls are intended to moderate the amount of PDR space being converted into cannabis growing facilities so that this new industry does not negatively impact the city’s resurgent manufacturing sector. The interim controls would only be in effect for 6 months, during which time the City will be drafting permanent controls for the non-retail side of the budding cannabis industry. The interim controls also allow those facilities that already exist to expand and allows facilities that have submitted their building permit applications prior to Election Day to proceed without a CU authorization.
The city is also in the process of drafting controls for the retail side of the cannabis industry. Those controls are scheduled to be introduced by September of this year.
There was significant comment, mainly from representatives from the cannabis growing industry, expressing concern about the interim controls and asking for more permissive grandfathering provisions. In the end, the Committee voted to recommend the item to the full board with the existing grandfathering provisions and the 6 month time period.
Full Board:
· 161067 Planning Code, Zoning Map - Mission and 9th Street Special Use District. Sponsors: Kim; Peskin. Staff: Rodgers/Chang. PASSED Second Read
· 161157 Planning Code - Inclusionary Housing Small Sites Program. Sponsor: Mayor; Campos. Staff: D. Sanchez. PASSED Second Read
· 161068 Planning Code - Terrace Infill for Noncomplying Structure Designated as a Significant Building in C-3 Zoning District. Sponsor: Peskin. Staff: Starr. Passed First Read
· 161146 Hearing - Appeal of Determination of Exemption From Environmental Review - Proposed Project at 2675 Folsom Street. Staff: Gibson. Continued to March 21, 2017
· 161150 Hearing - Appeal of Conditional Use Authorization - Proposed Project at 2675 Folsom Street. Staff: Rodgers. The Conditional Use appeal for 2675 Folsom was also on the calendar by was withdrawn by the appellant.
· 161178 General Plan Amendments - Implementing the City’s Vision Zero Policy Regarding Pedestrian Safety. Sponsor: Planning. Staff: Langolis.
And finally the Board considered the Visions Zero General Plan Amendments as a committee report. During the hearing, Peskin reiterated his concerns about outreach to affected neighborhood groups, and that he wanted trailing legislation to include language addressing community engagement in the development of the public realm plans. Supervisor Yee also expressed concerns about the current methodology to determine High Injury Corridors. Supervisor Tang commented that she has concerns about the policy in the element that says the City will “maintain a presumption against the use of actuated signals.” She believes that these are appropriate in some locations and wanted to better understand criteria for using actuated signals. And Supervisor Kim indicated that she would like to amend Planning Code Section 138.1, which deals with Streetscape and Pedestrian improvements, along with this General Plan amendment.
The Board is required to act on General Plan Amendment within 90 days of receipt. Failing to do so would have been deemed the amendments approved. Further, the board is not permitted to make any amendments to the General Plan language. Given their outstanding concerns, the Supervisors actually voted 10 to 1 to disapprove the General Plan Amendment with only Supervisor Cohen in support.
Introductions:
None
BOARD OF APPEALS:
The Board of Appeals met last night and considered two items that may of interest to the Planning Commission: 2328-2330 North Point Street, was heard and granted a jurisdiction request for this project, which was considered as a DR by the Commission in August of 2016. The request was granted because proper notice of the permit issuance was not provided to the neighbor by the Department of Building Inspection. An issued permit didn't accurately reflect the Commission’s decision at the DR hearing. The DR action memo omitted one of the conditions related to the removal of the roof terrace. The action memo since then has been corrected and the sponsor will comply with the Commission’s requirements. 333 Fremont Street, the board heard an appeal of a letter of determination for this property, which sought to clarify the allowed number of parking spaces for this residential building. The Commission approved the project in 2005 with a maximum of one parking space for each dwelling unit in compliance with the then applicable controls. The appellant argued that this limited the number of parking spaces but not the number of cars that can park in the building and that their proposal to add valet parking will not require a CU which is required by the current Rincon Hill zoning controls. The Board unanimously upheld the letter of determination and the appellant will be required to have to seek a CU if they choose to add more parking to the building.
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.
7. 2016-006065CUA (V. FLORES: (415) 575-9173)
3820 24TH STREET #101 - between Vicksburg and Church Streets, Lot 077-080 in Assessor’s Block 3651 (District 8) - Request for Conditional Use Authorization pursuant to Planning Code Sections 303, 728.51, and 790.114, to allow a new medical service d.b.a. GoHealth Urgent Care, on the ground floor of the four-story-over-basement building within the 24th Street – Noe Valley 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: = Veronica Flores – Staff Report
+ Speaker – Project presentation
+ Speaker – Owner remarks
ACTION: Approved with Conditions
AYES: Richards, Hillis, Johnson, Koppel, Melgar, Moore
ABSENT: Fong
MOTION: 19832
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.
8. 2016-011482DRP-02 (S. ADINA: (415) 575-8722)
1928 MISSION STREET - located on the west side of Mission Street, Lot 059 in Assessor’s
Block 3554 (District 9) - Request for Discretionary Review of Building Permit Application No. 2016.10.05.9640, proposing a change of use from a vacant retail space to a large institutional use for a non-profit organization providing on-site soup kitchen services (d.b.a. Sisters of the Fraternite Notre Dame). The Project is located 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 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
SPEAKERS: = Sema Adina – Staff Report
+ Supervisor Ronen – Project support
- Speaker – DR requestor presentation
- Jony Ramsey – DR requestor presentation
- David Fannerworth – Not the right location
- Sam Trolken – Wrong place
- Joanna – Transient and homeless population
- Speaker – Choose another location
- Speaker – Choose another location
- Kevin Crowell – Homelessness
- John Robinson – Navigation center
- Glendon McCreary – Safety issues
- John Montoya – Not a safe neighborhood
- Elizabeth – Homless/transient population issue
+ Steve Suzuki – Project presentation
+ Tom Tunney – Mitigating negative impacts
+ Sister Maria Valerie – Bible excerpts
+ Speaker – Grand jury report on homelessness
+ Speaker – NIMBY
+ Mike Azaza – Sisters do a good job
+ Speaker – Support, good neighbor policies
+ Moe – Turk Street location
+ Father Richard – Homeless challenges
+ Iris Biblowitz – Hunger, poor nutrition
+ Ella Strong – Support
+ Daniel Boyd – Feeding the hungry
+ Speaker – On behalf of Hospitality House
+ Speaker – Support
+ Speaker – Support
+ Evan Prosser – Support
+ Father Paul Alek – Humanitarian crisis
+ Melody – Support
+ Gary Jimenez – Positive effect
+ John Brett – Essential services for those in need
+ Thomas – Support
+ Cheta Bukta – Support
+ Susan Ciyntad – Support
+ Suzanne Rozzo – Support
+ Margaret Meyerhoffer – Support
+ Christe Catrillis – Support
+ Rudy Damicu – Support
+ Will Dempsey – Support
+ Carlos – United to Save the Mission
+ Rev. Monique Ortiz – Love
+ Speaker – Family support
+ Speaker – Support
+ Eric Arguello – Support
+ Speaker – Support
+ Rev. Dr. Timothy – Support
+ Peter Papadapolous - Summary
ACTION: No DR and Approved
AYES: Richards, Hillis, Johnson, Koppel, Melgar, Moore
ABSENT: Fong
DRA No: 0497
9. 2014.0936DRP (E. JARDINES: (415) 575-9144)
590 LELAND AVENUE - located on the north side of Leland Avenue and west of Hahn Street; Lots: 061, 062, 063, 064, 065 in Assessor’s Block 6243 (District 10) - Request for Discretionary Review of Building Permit Application No. 2014.06.06.7762, proposing the demolition of an existing church and construction of five new three-story, single-family homes (addressed as 579, 583, and 589 Raymond Avenue, and 586 and 596 Leland Avenue). The Project is located 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 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 Meeting of January 5, 2017)
SPEAKERS: = Esmeralda Jardines – Staff Report
- Fran Martin – DR presentation
- Sean Smith – Adverse effects on the neighborhood
- Ileana – Loos of sunlight and shadows
- Andey Roderick – Loss of open space
- Tony Walker – Path of travel
- Charlotte Hill
- Linda Schafer – Preserve the open space
- Ellen Edelson – Full EIR
- Linda LIghthiser – Parcels were part of the park
+ Ilene Dick – Project presentation
+ Gary Gee – Design presentation
+ Latasha Govin – Displacement, housing
+ Lisa-Marie Studdardt - Housing
ACTION: After hearing and closing public comment; Continued to March 2, 2017
AYES: Richards, Hillis, Melgar, Moore
NAYES: Johnson, Koppel
ABSENT: Fong
10. 2013.1458DRP-02 (J. DISALVO: (415 575-9182)
198 VALENCIA STREET - east side, at the corner of Duboce Avenue, Lot 108 in Assessor’s Block 3502 - Request for Discretionary Review of Building Permit Application No. 2014.08.05.3094 proposing to demolish the existing one-story, 1,877 square foot automotive service station (dba Oil Changer) and construct a new five-story, 55 foot tall, 33,795 gross square foot mixed-use building that includes two retail spaces totaling 6,269 square feet at the ground story and 28 dwelling units on the second through fifth stories within a NCT-3 (Moderate Scale Neighborhood Commercial Transit) Zoning District and 50-X Height and Bulk District. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to San Francisco Administrative Code Section 31.04(h).
Staff Analysis: Full Discretionary Review
Preliminary Recommendation: Do Not Take Discretionary Review and Approve
SPEAKERS: = Jonathan DiSalvo – Staff Report
- Clause Burmeister – Negative impacts to Zeitgeist
- Karl Kroth – Request for continuance, EIR
- Dan Mitchell – Zeitgeist has become a destination location
- Charles Hernandez – Preserve the character of the garden patio
- John McDonell – Dark beer garden
- Peter Papadapolous – More affordable housing
- Speaker
+ Ilene Dick – Project presentation
+ Adam Phillips – Shadow analysis
+ David Sternberg – Design presentation
+ Sonja Transs – Housing more important than drinking beer
+ Laura Clarke – Housing crisis
+ Steve Voss – Housing condition, Housing Accountability Act
+ Speaker – Housing crisis
+ Jeff Hodges – Support
+ Milo Transs – Support
+ Speaker – Support
+ Dan Posh – Support
+ Speaker – Support
ACTION: After hearing and closing public comment; Continued to February 16, 2017
AYES: Richards, Koppel, Melgar, Moore
NAYES: Johnson
ABSENT: Fong, Hillis
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: Laura Clarke – Shadow vs housing
Adjournment – 7:21 p.m.
ADOPTED: jANUARY 26, 2017