Planning Commission - June 15, 2017 - Minutes

Meeting Date: 
June 15, 2017 - 12:00pm
Location: 

SAN FRANCISCO

PLANNING COMMISSION

 

 

Meeting Minutes

 

 

 

 

Commission Chambers, Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

San Francisco, CA 94102-4689

 

 

Thursday, June 15, 2017

12:00 p.m.

Regular Meeting

 

 

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

COMMISSIONER ABSENT:       Fong

 

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

 

STAFF IN ATTENDANCE:  John Rahaim – Planning Director,  Jacob Bintliff, Don Lewis, Diana Livia, Andrew Perry, Christopher May, Laura Ajello, Ella Samonsky, Nancy Tran, Justin Horner, Rich Sucre,  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.

 

1a.          2014-002181MAPPCA                                                                         (C. MAY: (415)575-9087)

2670 GEARY BOULEVARD - Northwest corner of Geary Boulevard and Masonic Avenue; Lot 003 in Assessor’s Block 1071 (District 2) – Establishment of the Geary-Masonic Special Use District [Board File 161109] - Planning Code and Zoning Map Amendments, adding Section 249.20 and amending Sheet SU03 of the of the City and County of San Francisco to establish the Geary-Masonic Special Use District in the area generally bounded by Geary Boulevard to the south, Masonic Avenue to the east, and Assessor’s Block 1071 Lots 001 and 004 to the north and east, respectively; and 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.  The application of the Geary-Masonic SUD development controls would preclude the application of the HOME-SF provisions pursuant to Planning Code Section 206.3.

Preliminary Recommendation: Pending

(Proposed for Continuance to July 13, 2017)

 

               SPEAKERS:          None

               ACTION:                              Continued to July 13, 2017

               AYES:                    Hillis, Koppel, Melgar, Moore

               ABSENT:              Fong, Johnson, Richards               

 

1b.         2014-002181CUA                                                                                (C. MAY: (415) 575-9087)

2670 GEARY BOULEVARD - northwest corner of Geary Boulevard and Masonic Avenue; Lot 003 in Assessor’s Block 1071 (District 2) - Request for Conditional Use Authorization, pursuant to Planning Code Sections 121.1, 121.2, 271, and 303 to permit the development of an 8-story mixed-use building containing 99 residential dwelling units above 36 stacked parking spaces and 3,294 square feet of ground floor retail space within the NC-3 (Moderate-Scale Neighborhood Commercial) District and an 80-D Height and Bulk District. This project is seeking development incentives in the form of increased dwelling unit density in exchange for providing a higher level of affordable housing than would otherwise be required pursuant to Planning Code 415 (the Inclusionary Affordable Housing Program) by one of two means: either the application of draft legislation which would amend the Planning Code and Zoning Map of the City and County of San Francisco to establish the Geary-Masonic Special Use District (Board File 161109) or the application of the provisions of the HOME-SF Program. In order to facilitate the project under the HOME-SF Program, Conditional Use Authorization pursuant to Planning Code Section 206.3 is required.  The project is also requesting a modification to the rear yard requirements pursuant to Planning Code Section 134, and variances to the usable open space and dwelling unit exposure requirements pursuant to Planning Code Sections 135 and 140 which can be granted as zoning modifications by the Planning Commission pursuant to Planning Code Section 206.  Alternatively, these may be granted by the Zoning Administrator pursuant to Planning Code Section 305.  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

(Proposed for Continuance to July 13, 2017)

 

SPEAKERS:          None

               ACTION:                              Continued to July 13, 2017

               AYES:                    Hillis, Koppel, Melgar, Moore

               ABSENT:              Fong, Johnson, Richards               

 

2.            2013.1330DRP                                                                                        (D. VU: (415) 575-9120)

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

Block 3554 (District 9) - Request for Discretionary Review of Building Permit Application No. 2015.0708.0963, proposing to demolish the existing 1,690 sq. ft. automotive repair shop (dba Discount Auto Performance) and construct a 16,022 gross sq. ft., seven-story over basement, 75-feet tall mixed-use building that includes 805 sq. ft. of ground-floor commercial space, twelve dwelling units at all floors of the building, 1,370 sq. ft. of combined common and private open space and eighteen Class 1 bicycle parking spaces at the basement level within the Mission Street NCT (Neighborhood Commercial Transit) Zoning District and 80-B Height and Bulk District. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to San Francisco Administrative Code Section 31.04(h).

Preliminary Recommendation: Do Not Take Discretionary Review and Approve

(Continued from Regular Meeting of April 13, 2017)

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

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

(Proposed for Continuance to July 6, 2017)

 

SPEAKERS:          None

               ACTION:                              Continued to July 6, 2017

               AYES:                    Hillis, Koppel, Melgar, Moore

               ABSENT:              Fong, Johnson, Richards               

 

B.         COMMISSION MATTERS

 

3.            Consideration of Adoption:

·       Draft Minutes for June 1, 2017

 

SPEAKERS:          None

               ACTION:                              Adopted

               AYES:                    Hillis, Koppel, Melgar, Moore

               ABSENT:              Fong, Johnson, Richards               

 

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 Moore:

There was an interesting article in yesterday’s paper again. It needs perhaps qualification, but stated that the Uber and Lyft impact on San Francisco traffic is about 15 percent, that would ultimately require further detailed specification, why and how and where, but I thought the number itself was very interesting and quite alarming given that we are still working on the assumption that transit first is the policy by which we plan.

 

C.         DEPARTMENT MATTERS

 

5.            Director’s Announcements

 

Director Rahaim:

Good afternoon Commissioners, just a couple of announcements today that I want to bring to your attention regarding Connect SF. Connect SF is the transportation vision program that we are managing with our partners at the MTA and the CTA. This is a multi-year effort looking at a 50-year land use transportation vision, I should say for the City, based on land use projections, based on a number of public meetings, and there's a short memo in your packet today about it, but the reason I bring up today first is two fold, one is the first of our task force meetings is next week. It is a very large task force that we've been working very hard on over the last few months to assemble. Commissioner Hillis and Johnson and Richards, excuse me - Commissioner Hillis and Richards are on that task force, and the first of those is next week. There will be a series of public meetings after that the second task force meeting in the fall. It will be - this effort is an important, kind of long term thinking about transportation and it will serve as a kind of guide for many of the other transportation planning efforts, such as the update of the Transportation Element, the Subway Vision, the CTA 2050 Transportation Plan and so on. So, we are excited doing this work. It’s the most involved that the Department have been in transportation for a long time and we believe it is important piece of work for the City to embark on. Secondly, I’d like to introduce you to our new manager of that program Doug Johnson. Doug joined us from many years at the MTC. Doug managed the Plan Bay Area Program for MTC, has a long history with transportation planning in the region and hit the ground running and is doing a great job in getting organized for next week’s task force and as you see Peter Albert is in the audience. Peter held that position for the last few months in transition, and so, we thank Peter again for his many years of service and helping us through this transition. Thanks to Peter and welcome to Doug. That concludes my comments. Thank you.

 

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

           

Land Use Committee:

·  161351 Planning Code - Inclusionary Affordable Housing Fee and Dwelling Unit Mix Requirements. Sponsors: Breed; Kim, Peskin, Safai and Tang. Staff: Rodgers/Bintliff. Continued to June 19, 2017

 

·  1170434 Planning Code - Construction of Accessory Dwelling Units. Sponsor: Peskin. Staff: Haddadan. Continued to June 26, 2017

 

Full Board:

·  170203 Planning Code - Article 7 Reorganization; Technical and Other Amendments. Sponsor: Mayor. Staff: Starr. Amended and Passed First Read

·  170204 Planning Code - Deletion of Duplicate Definitions and Outdated Article 7 Zoning Control Tables. Sponsor: Mayor. Staff: Starr. Continued to June 20.

 

The Article 7 ordinance was slightly delayed. The ordinance had to be amended to incorporate changes to the planning code that were made by other recent amendments. At the BOS meeting, the Article 7 ordinance was amended with these clerical changes and passed its first read as an amended ordinance. It will receive its second read next week.

 

·  170131 Establishment of Compton’s Transgender Cultural District. Sponsors: Kim, Peskin, Safai, and Sheehy. Staff: Frye. Adopted

 

Introductions:

·  No new introductions last week.

 

BOARD OF APPEALS:

No Report

 

HISTORIC PRESERVATION COMMISSION:

No Report

              

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:        Laura Clark – Randy Shaw article

                                           Gregory Santee – 1629 Market, unsanitary issues

 

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.

 

7.            2017-001061PCA-04                                                                    (J. BINTLIFF: (415) 575-9170)
INCLUSIONARY AFFORDABLE HOUSING PROGRAM ORDINANCEPlanning Code Amendment revising the Inclusionary Affordable Housing Program. The Planning Commission considered two ordinances on April 27, 2017 [Board File No. 161351 Inclusionary Affordable Housing Fee and Requirements and Board File No. 170208 Inclusionary Affordable Housing Fee and Dwelling Unit Mix Requirements]. Since the Commission hearing, the Board of Supervisors made material modifications which are being referred back to the Commission pursuant to Planning Code Section 302(d). The revised Ordinance [Board File No. 161351 v4 Inclusionary Affordable Housing Fee and Dwelling Unit Mix Requirements] would amend the Planning Code to revise the amount of the Inclusionary Affordable Housing Fee and the On-Site and Off-Site Affordable Housing Alternatives and other Inclusionary Housing requirements; to require minimum dwelling unit mix in all residential districts; to establish dwelling unit minimum sizes; to establish a prohibition on studio units with prices set at 100% AMI or above; to replace or pay a fee for any affordable units that may be lost due to demolition or conversion; and affirming the Planning Department’s determination under the California Environmental Quality Act; making findings of public necessity, convenience, 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 of a modified ordinance and make findings of consistency

 

SPEAKERS:          = Annmarie Rodgers – Introduction

+ Supervisor Safai – Dwelling legislation

= Jacob Bintliff – Staff Report

+ Supervisor Kim – Questions/Support

+ Todd David – Economic feasibility parameter

+ Tes Welbourne – Support

+ Peter Cohen – Incrementally better

= Sonja Transs – Promoting big units

+ Steve Vettel – Staff modifications

= Traisa Flandrick – All workforce, studios family housing

ACTION:               Adopted a Recommendation for Approval with Staff modifications as amended:

1. Eliminating Staff recommendation No. 4; and

2. Retain current Affordable Housing Fee requirements, pending further study.

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

NAYES:                 Moore

               ABSENT:              Fong

               RESOLUTION:      19937

 

               8.            2015-005848ENV                                                                             (D. LEWIS: (415) 575-9168)

1629 MARKET STREET MIXED-USE PROJECT - south side of Market Street between Brady and 12th Streets; Lots 001, 007, 008, 027, 028, 029, 031, 031A, 032, 032A, 033, 033A, 034, and 035 in Assessor’s Block 3505 - Public Hearing on the Draft Environmental Impact Report. The project would demolish the existing UA Local 38 building at 1621 Market Street and the majority of the Lesser Brothers Building, at 1629-1645 Market Street, rehabilitate the Civic Center Hotel at 1601 Market Street, and remove the existing on-site surface parking lots. The proposed project would construct five buildings including: a four-story, 58-foot-tall UA Local 38 building; a 10-story, 85-foot-tall addition to the Lesser Brothers Building; a 10-story, 85-foot-tall mixed-use residential building with ground-floor retail; a nine-story, 85-foot-tall mixed-use residential building with ground-floor retail; and a six-story, 68-foot-tall affordable housing building on Colton Street. The five-story, 55-foot-tall Civic Center Hotel would be rehabilitated to contain residential units and ground-floor retail. Up to 316 parking spaces would be provided in a two-level below-grade garage accessed from Stevenson and Brady Streets. The project would create a publicly-accessible Brady Open Space as well as a publicly-accessible mid-block passage from the open space to Market Street. Overall, the project would include approximately 498,100 square feet of residential use containing 477 units, an additional 107 affordable units in the Colton Street Affordable Housing Building, 32,800 square feet of open space, 27,300 square feet of union facility use, and 13,000 square feet of ground-floor retail/restaurant use. The project site is located in the NCT-3 (Moderate Scale Neighborhood Commercial Transit District) and P (Public) zoning districts and the OS, 40-X, and 85-X height and bulk districts. The project would require a height re-classification from 40-X to 68-X for the Colton Street Affordable Housing parcel and Conditional Use/Planned Unit Development authorization to permit development of a large lot and large non-residential use, and to provide exceptions for driveway width, rear yard, dwelling unit exposure, active street frontage, loading, and measurement of height.

Preliminary Recommendation: Review and Comment

NOTE: Written comments will be accepted at the Planning Department until 5:00 p.m. on June 26, 2017.

 

 

SPEAKERS:          = Don Lewis – Staff Report

-   John Boujois – Inadequacies of the DEIR

-   Gregory Santee – Horrible

+ Sonja Transs – Support

               ACTION:                              Reviewed and Commented

 

9.            2009.0159E                                                                                          (D. LIVIA: (415) 575-8758)

1500-1540 MARKET STREET (AKA ONE OAK STREET) PROJECT - north side of Market Street, bounded by Van Ness Avenue on the east and Oak Street on the north; Assessor’s Block 0836, Lots 001, 002, 003, 004, 005 -  Certification of the Final Environmental Impact Report.  The proposed project would include the demolition of all existing features on the site, including a 3-story, 2,750 square foot commercial office building containing a limited restaurant (All Star Café), a 4-story, 48,225 square foot commercial office building and a 47-vehicle, surface, commercial parking lot; and the construction of a 40-story, 400-foot-tall residential tower (plus 20-foot parapet and 26-foot elevator penthouse) containing 310 Dwelling Units; 4,110 square feet of ground floor retail; 11,056 square feet of private, common and publicly-accessible open space; construction of a public (or “pedestrian”) plaza and shared street on Oak Street, installation of wind canopies within the plaza and one canopy within the sidewalk on the southeast corner of Market and Polk Streets to reduce pedestrian-level winds, the enclosure of the existing MUNI elevator on the site, 370 bicycle parking spaces (310 Class 1, 60 Class 2) and up to 136 underground vehicle parking spaces.

Preliminary Recommendation: Certify the Final EIR

NOTE: The public hearing on the Draft EIR is closed. The public comment period for the Draft EIR ended on January 10, 2017. Public comment will be received when the item is called during the hearing. However, comments submitted may not be included in the Final EIR.

 

               SPEAKERS:          = Diane Lyvia – EP presentation

= Andrew Perry – Staff Report

+ Theresa Yonga – MOMCD presentation

+ Michael Yarne – Project presentation

+ Tes Welbourn – Parking ratio per Market-Octavia Plan

+ Adrian Simi, Local Carpenters 22 – Support

= Robert Anderson – Parking

= Catherin Roberts – Parking

= Tom Radulovich – Parking, density

= Karen Fishkin – Wind

= Tony Robles – Wind

+ Denise Lawson – Wind, art studio space

= Jim Worshell – Parking

+ Allison Snowpecke – Support

+ Speaker – Support, Civic Design Review Committee

+ Sylvia Lee – Affordable artist space

+ Todd David – Parking, consensus

= Gail Bah- Parking        

= Marlene Morgan – Parking

+ Nina Rizzo – Trip reductions

+ Jim Haas – Private project funding capital improvements          

= Pamela Duffy – SF Jazz support

+ Kay Cummings – Parking

+ Ted Olson - Support                  

               ACTION:                              Certified

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

               ABSENT:              Fong

               MOTION:              19938

 

10a.       2009.0159E                                                                                       (A. PERRY: (415) 575-9017)

1500-1540 MARKET STREET (AKA ONE OAK STREET) PROJECT - north side of Market Street, bounded by Van Ness Avenue on the east and Oak Street on the north; Lots 001, 002, 003, 004, 005 in Assessor’s Block 0836. The proposal requests Planning Commission consideration of Adoption of CEQA Findings under the California Environmental Quality Act; for a Project that includes the demolition  of two existing structures including a 3-story, 2,750 square foot commercial office building containing a limited restaurant doing business as “All Star Café”, a 4-story, 48,225 square foot commercial office building and a 47-car surface commercial parking lot; and the new construction of a 40-story, 400-foot-tall residential tower (plus 20-foot parapet and 26-foot elevator penthouse) containing approximately 304 Dwelling Units; approximately 4,110 square feet of ground floor retail, approximately 11,056 square feet of private, common and publicly-accessible open space; 366 bicycle parking spaces (304 Class 1, 62 Class 2) and up to 136 underground parking spaces.

Preliminary Recommendation: Adopt CEQA Findings

 

SPEAKERS:          Same as Item 9.

               ACTION:                              Adopted CEQA Findings

               AYES:                    Hillis, Richards, Johnson, Melgar, Moore

               NAYES:                 Koppel

               ABSENT:              Fong

               MOTION:              19939

 

10b.       2009.0159K                                                                                       (A. PERRY: (415) 575-9017)

1500-1540 MARKET STREET (AKA ONE OAK STREET) PROJECT - north side of Market Street, bounded by Van Ness Avenue on the east and Oak Street on the north; Lots 001, 002, 003, 004, 005 in Assessor’s Block 0836. The proposal requests Planning Commission consideration of a Shadow Determination that project shadow would not adversely affect use of public open space under the jurisdiction of the Recreation and Park Commission (Section 295). The Project includes the demolition  of two existing structures including a 3-story, 2,750 square foot commercial office building containing a limited restaurant doing business as “All Star Café”, a 4-story, 48,225 square foot commercial office building and a 47-car surface commercial parking lot; and the new construction of a 40-story, 400-foot-tall residential tower (plus 20-foot parapet and 26-foot elevator penthouse) containing approximately 304 Dwelling Units; approximately 4,110 square feet of ground floor retail, approximately 11,056 square feet of private, common and publicly-accessible open space; 366 bicycle parking spaces (304 Class 1, 62 Class 2) and up to 136 underground parking spaces. These actions constitute the Approval Action for the project for the purposes of CEQA, pursuant to San Francisco Administrative Code Section 31.04(h).

Preliminary Recommendation: Adopt Shadow Findings

 

SPEAKERS:          Same as Item 9.

ACTION:                              Adopted Shadow Findings

               AYES:                    Hillis, Richards, Johnson, Melgar, Moore

               NAYES:                 Koppel

               ABSENT:              Fong

               MOTION:              19940

 

10c.        2009.0159GPA                                                                                  (A. PERRY: (415) 575-9017)

1500-1540 MARKET STREET (AKA ONE OAK STREET) PROJECT - north side of Market Street, bounded by Van Ness Avenue on the east and Oak Street on the north; Lots 001, 002, 003, 004, 005 in Assessor’s Block 0836. General Plan Amendment that revises the height designation for  668 square feet of Assessor’s Block 0836, Lot 001 from  400' tower/120' podium to 120' and 668 square feet of Block 0836, Lot 005 from 120’ to 400’ tower/120’ podium on Map 3 of the Market and Octavia Area Plan; and the height designation from 150-S to 120-R-2 for 668 square feet of Lot 001 and from 120-F to 120/400-R-2 for 668 square feet of Lot 005, on Map 5 of the Downtown Area Plan. The Project includes the demolition  of two existing structures including a 3-story, 2,750 square foot commercial office building containing a limited restaurant doing business as “All Star Café”, a 4-story, 48,225 square foot commercial office building and a 47-car surface commercial parking lot; and the new construction of a 40-story, 400-foot-tall residential tower (plus 20-foot parapet and 26-foot elevator penthouse) containing approximately 304 Dwelling Units; approximately 4,110 square feet of ground floor retail, approximately 11,056 square feet of private, common and publicly-accessible open space; 366 bicycle parking spaces (304 Class 1, 62 Class 2) and up to 136 underground parking spaces.

Preliminary Recommendation: Adopt a Recommendation for Approval

 

SPEAKERS:          Same as Item 9.

               ACTION:                              Adopted a Recommendation for Approval

               AYES:                    Hillis, Richards, Johnson, Melgar, Moore

               NAYES:                 Koppel

               ABSENT:              Fong

               RESOLUTION:      19941

 

10d.       2009.0159MAP                                                                                 (A. PERRY: (415) 575-9017)

1500-1540 MARKET STREET (AKA ONE OAK STREET) PROJECT - north side of Market Street, bounded by Van Ness Avenue on the east and Oak Street on the north; Lots 001, 002, 003, 004, 005 in Assessor’s Block 0836. Zoning Map Amendment to Sheet HT07 of the San Francisco Planning Code to reclassify the height and bulk of the a portion of  Block 0836, Lot 001 from 120/400-R-2 to 120-R-2, and Block 0836, Lot 005 from 120-R-2 to 120/400-R-2. The Project includes the demolition  of two existing structures including a 3-story, 2,750 square foot commercial office building containing a limited restaurant doing business as “All Star Café”, a 4-story, 48,225 square foot commercial office building and a 47-car surface commercial parking lot; and the new construction of a 40-story, 400-foot-tall residential tower (plus 20-foot parapet and 26-foot elevator penthouse) containing approximately 304 Dwelling Units; approximately 4,110 square feet of ground floor retail, approximately 11,056 square feet of private, common and publicly-accessible open space; 366 bicycle parking spaces (304 Class 1, 62 Class 2) and up to 136 underground parking spaces.

Preliminary Recommendation: Adopt a Recommendation for Approval

 

SPEAKERS:          Same as Item 9.

ACTION:                              Adopted a Recommendation for Approval

               AYES:                    Hillis, Richards, Johnson, Melgar, Moore

               NAYES:                 Koppel

               ABSENT:              Fong

               RESOLUTION:      19942

 

10e.       2009.0159DNX                                                                                 (A. PERRY: (415) 575-9017)

1500-1540 MARKET STREET (AKA ONE OAK STREET) PROJECT - north side of Market Street, bounded by Van Ness Avenue on the east and Oak Street on the north; Lots 001, 002, 003, 004, 005 in Assessor’s Block 0836. The proposal requests Planning Commission consideration of a Downtown Project Authorization pursuant to Planning Code Section 309, with exceptions to the requirements for "Reduction of Ground-Level Wind Currents in C-3 Districts" (Section 148) and Lot Coverage (Section 249.33, 134). The Project includes the demolition  of two existing structures including a 3-story, 2,750 square foot commercial office building containing a limited restaurant doing business as “All Star Café”, a 4-story, 48,225 square foot commercial office building and a 47-car surface commercial parking lot; and the new construction of a 40-story, 400-foot-tall residential tower (plus 20-foot parapet and 26-foot elevator penthouse) containing approximately 304 Dwelling Units; approximately 4,110 square feet of ground floor retail, approximately 11,056 square feet of private, common and publicly-accessible open space; 366 bicycle parking spaces (304 Class 1, 62 Class 2) and up to 136 underground parking spaces. Preliminary Recommendation: Approve with Conditions

 

SPEAKERS:          Same as Item 9.

ACTION:                              Approved with Conditions

               AYES:                    Hillis, Richards, Johnson, Melgar, Moore

               NAYES:                 Koppel

               ABSENT:              Fong

               MOTION:              19943

 

10f.        2009.0159CUA                                                                                 (A. PERRY: (415) 575-9017)

1500-1540 MARKET STREET (AKA ONE OAK STREET) PROJECT - north side of Market Street, bounded by Van Ness Avenue on the east and Oak Street on the north; Lots 001, 002, 003, 004, 005 in Assessor’s Block 0836. The proposal requests Planning Commission consideration of a Conditional Use Authorization to provide a parking ratio of up to 0.45 parking spaces per dwelling unit (Section 151). The Project includes the demolition  of two existing structures including a 3-story, 2,750 square foot commercial office building containing a limited restaurant doing business as “All Star Café”, a 4-story, 48,225 square foot commercial office building and a 47-car surface commercial parking lot; and the new construction of a 40-story, 400-foot-tall residential tower (plus 20-foot parapet and 26-foot elevator penthouse) containing approximately 304 Dwelling Units; approximately 4,110 square feet of ground floor retail, approximately 11,056 square feet of private, common and publicly-accessible open space; 366 bicycle parking spaces (304 Class 1, 62 Class 2) and up to 136 underground parking spaces.

Preliminary Recommendation: Approve with Conditions

 

SPEAKERS:          Same as Item 9.

ACTION:               Approved with Conditions as amended to require a reduced parking ratio, if the project becomes rental

               AYES:                    Hillis, Richards, Johnson, Melgar, Moore

               NAYES:                 Koppel

               ABSENT:              Fong

               MOTION:              19944

              

10g.       2009.0159VAR                                                                                  (A. PERRY: (415) 575-9017)

1500-1540 MARKET STREET (AKA ONE OAK STREET) PROJECT - north side of Market Street, bounded by Van Ness Avenue on the east and Oak Street on the north; Lots 001, 002, 003, 004, 005 in Assessor’s Block 0836. The proposal requests Zoning Administrator consideration of Variance requests from Dwelling Unit Exposure requirements (Section 140) and Active Frontages (Section 145), and Elevator Height Exemption Waiver pursuant to Section 260(b)(1)(B). The Project includes the demolition of two existing structures including a 3-story, 2,750 square foot commercial office building containing a limited restaurant doing business as “All Star Café”, a 4-story, 48,225 square foot commercial office building and a 47-car surface commercial parking lot; and the new construction of a 40-story, 400-foot-tall residential tower (plus 20-foot parapet and 26-foot elevator penthouse) containing approximately 304 Dwelling Units; approximately 4,110 square feet of ground floor retail, approximately 11,056 square feet of private, common and publicly-accessible open space; 366 bicycle parking spaces (304 Class 1, 62 Class 2) and up to 136 underground parking spaces.

 

SPEAKERS:          Same as Item 9.

ACTION:                              Assistant ZA closed the public hearing and indicated an intent to Grant

              

11a.       2013.1037C                                                                                          (C. MAY: (415) 575-9087)

650 DIVISADERO STREET - southeast corner of Divisadero and Grove Streets; Lot 002B in Assessor’s Block 1202 (District 5) - Request for Conditional Use Authorization pursuant to Planning Code Sections 121.1, 271, 303, 746.10 and 746.11 to permit the development of a 6-story mixed-use building containing 66 residential dwelling units above 26 ground floor parking spaces and 3,528 square feet of commercial uses within the Divisadero Street Neighborhood Commercial Transit (NCT) District, the Fringe Financial Services Restricted Use District and 65-A Height and Bulk District. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to San Francisco Administrative Code Section 31.04(h).

Preliminary Recommendation: Approve with Conditions

(Continued from Regular Hearing of April 6, 2017)

 

SPEAKERS:          Jen – 650 Divisadero continuance

ACTION:                              Continued to September 28, 2017

               AYES:                    Hillis, Koppel, Melgar, Moore

               ABSENT:              Fong, Johnson, Richards               

              

11b.       2013.1037V                                                                                          (C. MAY: (415) 575-9087)

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

(Continued from Regular Meeting of April 6, 2017)

 

SPEAKERS:          Same as Item 11a.

ACTION:                              Acting ZA Continued to September 28, 2017

 

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.

 

12.          2014-000599DRM                                                                           (L. AJELLO: (415) 575-9142)

1228 FUNSTON AVENUE - east side between Lincoln Way and Irving Street, Lot 039 in Assessor’s Block 1738, (District 5) Staff-Initiated Discretionary Review, pursuant to Planning Code Section 311(c)(1), of Building Permit Application No. 2014.02.06.7948, proposing to legalize alterations completed without permit, including demolition of a 20’ by 25’ detached building located in the rear yard, a three-story horizontal addition, deck and spiral stair at the rear of the house and front façade/window changes to a three-story single-family house within a RH-2 (Residential, House, Two-Family) Zoning District and 40-X Height and Bulk District.  This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to San Francisco Administrative Code Section 31.04(h).

Staff Analysis:  Full Discretionary Review

Preliminary Recommendation:  Take Discretionary Review and Approve with Modifications

 

SPEAKERS:          = Laura Ajello – Staff Report

                              + Elena Estudias – Project presentation

                              + Dave Irwin – Project presentation

                              + Rodrigo Santos – Project presentation

                              + Gary Teele – Support

                              + Henry Karnilowicz – Support

ACTION:                              Took DR and Approved with Staff Modifications

               AYES:                    Hillis, Richards, Koppel, Moore

               RECUSED:            Melgar

               ABSENT:              Fong, Johnson

               DRA No:                              0532

              

13a.       2016-010343DRP                                                                          (S. JIMENEZ: (415) 575-9187)

2523 STEINER STREET - west side of Steiner Street between Jackson Street and Pacific Avenue; Lot 001A in Assessor’s Block 0586 (District 2) - Request for Discretionary Review of Building Permit Application No. 2016.08.08.4423, proposing to construct a rear horizontal addition on the third and fourth floors and a front horizontal addition on the fourth floor of the existing four-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: Full Discretionary Review

Preliminary Recommendation: Do not take Discretionary Review and Approve

 

SPEAKERS:          = Elizabeth Watty – Staff Report

-   Kirk DeNiro – DR presentation

-   Greg Scott – Opposition

-   Zack Chen – Site plan inaccuracies

-   Luanne Lee – Opposition

-   Speaker – Opposition, sunlight

-   Grant Johnston – Decks, views, sunlight

-   Speaker – Privacy, views

-   Speaker – Privacy, light, and air

-   Brie Bachner – Opposition

-   Phil Lemont – Opposition

-   Glen Hickerson – Opposition

-   John Smith – Decks

-   Kyle Rindhal – Disregard for the neigbors

+ Jonathan – Sponsor presentation

+ Louis Buttler – Design presentation

+ Dr. Eugene Spencer - Support               

ACTION:                              Took DR and Disapproved

               AYES:                    Richards, Koppel, Melgar, Moore

               NAYES:                 Hillis

               ABSENT:              Fong, Johnson

            DRA No:                              0533

 

13b.       2016-010343VAR                                                                         (S. JIMENEZ: (415) 575-9187)

               2523 STEINER STREET - west side of Steiner Street between Jackson Street and Pacific Avenue; Lot 001A in Assessor’s Block 0586 (District 2) - Request for Variance from rear yard requirements of Section 134. Specifically, the subject property is required to maintain a rear yard of 15 feet. Currently, the existing building encroaches entirely into the required rear yard to the rear property line at the ground and second floors. The proposed rear horizontal addition at the third and fourth floors would encroach approximately 9 feet 6 inches into the required rear yard at the third level and 6 feet 6 inches at the fourth level. The site is within a RH-1 (Residential-House, One Family) Zoning District and 40-X Height and Bulk District.

 

SPEAKERS:          Same as Item 13a.

ACTION:               Assistant ZA closed the public hearing and took the matter under advisement

 

14.          2016-000017DRP                                                                    (E. SAMONSKY: (415) 575-9112)

43 EVERSON STREET - south side approximately 150 feet east of the intersection with Beacon Street, Lot 024 in Assessor’s Block 7542, (District 8) - Request for Discretionary Review of Building Permit Application No. 2016.01.27.8097 proposing construction of a three-story horizontal rear addition and remodel the front facade and interior of a single family dwelling 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

(Continued from Regular Meeting of June 1, 2017)

NOTE: On April 6, 2017, after hearing and closing public comment, the item was continued to May 18, 2017 by a vote of +6 -1 (Johnson against).

On May 18, 2017, without hearing, Continued to June 1, 2017 by a vote of +6 -0 (Johnson absent).

                             

SPEAKERS:          = Elizabeth Watty – Staff Report

-   David Kelper – DR presentation

-   Ryan Patterson – DU removal

+ Andy Rogers – Project presentation

+ Mark Brennan - Support

ACTION:                              Took DR and Approved with Modifications

               AYES:                    Hillis, Richards, Koppel, Melgar

NAYES:                 Moore

               ABSENT:              Fong, Johnson

               DRA No:                              0534

 

15.          2015-003686DRP-07                                                                                                (N. TRAN: (415) 575-9174)

437 HOFFMAN AVENUE - east side of Hoffman Avenue, between 24th and 25th Streets, Lot 024 in Assessor’s Block 6503 (District 8) - Request for Discretionary Review of Building Permit Application No. 2014.04.11.3029, proposing to construct additions to the existing single-family residence and increase the dwelling count from one to two units. The project includes extensive interior remodeling and exterior changes such as lifting the building to install a two car garage, front porch, entry stairs and rear terraces within a RH-2 (Residential House, Two-Family) Zoning District and 40-X Height and Bulk District. This action constitutes the Approval Action for the project for the purposes of CEQA, pursuant to San Francisco Administrative Code Section 31.04(h).

Staff Analysis: Full Discretionary Review

Preliminary Recommendation: Do not take Discretionary Review and Approve

 

SPEAKERS:          None

ACTION:                              Continued to September 14, 2017

               AYES:                    Hillis, Koppel, Melgar, Moore

               ABSENT:              Fong, Johnson, Richards               

 

            5:00 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 at or after the time indicated.

 

16.          2013.1383ENV-02                                                                         (J. HORNER: (415) 575-9023)

3516-26 FOLSOM STREET - west side of Folsom Street between Chapman Street and Bernal Heights Boulevard; Block 5626, Lots 013, 014 (District 9) - Appeal of Preliminary Mitigated Negative Declaration for proposal that would construct two single-family residences on two of the vacant lots along the west side of the unimproved portion of Folsom Street, construct of the connecting segment of Folsom Street to provide vehicle and pedestrian access to the project site, and would construct a stairway between Folsom Street and Bernal Heights Boulevard. Each residence would be 2,230 sf and would include  two off-street parking spaces. The project site is located in a RH-1 (Residential, House, One-Family) Zoning District, Bernal Heights Special Use District and 40-X Height and Bulk District.

Preliminary Recommendation: Uphold Preliminary Mitigated Negative Declaration 

 

SPEAKERS:          = Justin Horner – Staff presentation

+ Speaker – On behalf of Kathy Angus – inadequate mitigation

-   Charles Olson – Project presentation

= Barbara Underburg – Support of the appeal

+ Gale – Pipeline

+ Anna Rigor – Pipeline

+ Speaker – Public safety

+ Linda Ramey – Ste__ of the street

+ Anna Lockette – Public safety

+ Patricia Hughes – Pipeline

+ Pat Buskovich – Street, depth of pipe  

-   Sean Kriegan – Technical issues

ACTION:                              Upheld PMND

               AYES:                    Hillis, Richards, Koppel, Melgar, Moore

               ABSENT:              Fong, Johnson

MOTION:              19945                  

 

17a.       2013.1383DRP-10                                                                            (R. SUCRE: (415) 575-9108)

3516 FOLSOM STREET - west side of Folsom Street between Bernal Heights Boulevard and Chapman Street; Lot 013 in Assessor’s Block 5626 (District 9) - Request for Discretionary Review of Building Permit Application No. 2013.12.16.4322, proposing new construction of a two-and-one-half-story, single-family residence with a roof deck within a RH-1 (Residential, House, One-Family) Zoning District, Bernal Heights Special Use District and 40-X Height and Bulk District.

Staff Analysis: Full Discretionary Review

Preliminary Recommendation: Do Not Take Discretionary Review and Approve

NOTE: On March 31, 2016, after hearing and closing public comment, the Commission Continued the matter to May 5, 2016 by a vote of +5 -0 (Johnson, Wu absent).

On May 5, 2016, after hearing and closing public comment, the Commission Did NOT Take DR and Approved the project by a vote of +6 -0 (Johnson absent).

Subsequently, the Environmental Review Officer rescinded the Categorical Exemption dated March 26, 2014.

On October 13, 2016, after hearing and closing public comment, the Commission Did NOT Take DR and Approved the project by a vote of +7 -0.

Subsequently, the Environmental Review Officer rescinded the Categorical Exemption dated July 8, 2016.

On April 26, 2017, the Environmental Planning Division issued a Mitigated Negative Declaration for the project, for which, the Appeal was scheduled for June 15, 2017.

 

SPEAKERS:          = Rich Sucre – Staff Report

-   Barbara Underburg – DR presentation

-   Terry Milne – Design modifications

+ Charles Olson – Project presentation

+ Sean Kiegran – Process

ACTION:                              Did Not Take DR and Approved

               AYES:                    Hillis, Richards, Koppel, Melgar, Moore

               ABSENT:              Fong, Johnson

               DRA No:                              0535

 

17b.       2013.1768DRP-09                                                                            (R. SUCRE: (415) 575-9108)

3526 FOLSOM STREET - west side of Folsom Street between Bernal Heights Boulevard and Chapman Street; Lot 014 in Assessor’s Block 5626 (District 9) - Request for Discretionary Review of Building Permit Application No. 2013.12.16.4318, proposing new construction of a two-and-one-half-story, single-family residence with a roof deck within a RH-1 (Residential, House, One-Family) Zoning District, Bernal Heights Special Use District and 40-X Height and Bulk District.

Staff Analysis: Full Discretionary Review

Preliminary Recommendation: Do Not Take Discretionary Review and Approve

NOTE: On March 31, 2016, after hearing and closing public comment, the Commission Continued the matter to May 5, 2016 by a vote of +5 -0 (Johnson, Wu absent).

On May 5, 2016, after hearing and closing public comment, the Commission Did NOT Take DR and Approved the project by a vote of +6 -0 (Johnson absent).

Subsequently, the Environmental Review Officer rescinded the Categorical Exemption dated March 26, 2014.

On October 13, 2016, after hearing and closing public comment, the Commission Did NOT Take DR and Approved the project by a vote of +7 -0.

Subsequently, the Environmental Review Officer rescinded the Categorical Exemption dated July 8, 2016.

On April 26, 2017, the Environmental Planning Division issued a Mitigated Negative Declaration for the project, for which, the Appeal was scheduled for June 15, 2017.

 

SPEAKERS:          Same as 17a.

ACTION:                              Did Not Take DR and Approved

               AYES:                    Hillis, Richards, Koppel, Melgar, Moore

               ABSENT:              Fong, Johnson

               DRA No:                              0535

 

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))

 

               SPEAKERS:          Speaker -  Process

 

Adjournment - 7:50 P.M.

ADOPTED: JULY 6, 2017