SAN FRANCISCO
PLANNING COMMISSION
Meeting Minutes
Commission Chambers, Room 400
City Hall, 1 Dr. Carlton B. Goodlett Place
San Francisco, CA 94102-4689
Thursday, October 24, 2013
12:00 p.m.
Regular Meeting
COMMISSIONERS PRESENT: Fong, Wu, Antonini, Borden, Hillis, Moore, Sugaya
COMMISSIONER ABSENT: None
THE MEETING WAS CALLED TO ORDER BY PRESIDENT FONG AT 12:04 PM.
STAFF IN ATTENDANCE: John Rahaim – Planning Director, Christina Lamorena, Sophie Hayward, Kei Zushi, Jessica Look, Rich Sucre, Mary Woods, Tom Wang, and Jonas P. Ionin – Commission Secretary.
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. 2013.0921C (D. SÁNCHEZ: (415) 575-9082)
350 8TH STREET - northwest corner of 8th and Harrison Streets, with frontage on Ringold and Gordon Streets, Lots 003 and 015 in Assessor's Block 3756 - Request for Conditional Use Authorization pursuant to Planning Code Section 303 to modify Conditions of Approval 20A and 20B of Motion 18766 to reduce the percentage of on-site affordable units from 15% of dwelling units (62 affordable dwelling units) to 12% of dwelling units (49 affordable dwelling units) pursuant to Proposition C. The project is located in the WMUG (Western SoMa Mixed Use – General) Zoning District, the Western SOMA Special Use District and 55/65-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
(Proposed for Continuance to November 7, 2013)
SPEAKERS: None
ACTION: Continued to November 7, 2013
AYES: Fong, Wu, Antonini, Borden, Moore, Sugaya
ABSENT: Hillis
2. 2013.1166T (S. HAYWARD: (415) 558-6372)
AMENDMENT TO THE PLANNING CODE SECTIONS 303(I) (FORMULA RETAIL USES) 703.3 (NEIGHBORHOOD COMMERCIAL DISTRICTS: FORMULA RETAIL USES) [BOARD FILE NO. 130788] - Ordinance introduced by Supervisor Mar to expand the definition of formula retail to include businesses that have eleven or more other outlets worldwide, and to included businesses 50% or more owned by formula retail businesses; expand the notification procedures for formula retail applications; require an economic impact report as part of the formula retail conditional use application; and adopting findings, including environmental findings, Planning Code Section 302 findings, and findings of consistency with the General Plan and the priority policies of Planning Code Section 101.
Preliminary Recommendation: Pending
(Proposed for Continuance to January 23 January 9, 2014)
SPEAKERS: None
ACTION: Continued to January 9, 2014
AYES: Fong, Wu, Antonini, Borden, Moore, Sugaya
ABSENT: Hillis
B. CONSENT CALENDAR
All matters listed hereunder constitute a Consent Calendar, are considered to be routine by the Planning Commission, and will 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
3. 2013.1195Q (C. LAMORENA: (415) 575-9085)
17 ASHBURY STREET - southwest corner at Fulton Street; Lot 001 in Assessor’s Block 1188 - Request for Condominium Conversion Subdivision to convert a three-story over garage, six-unit building into residential condominiums within a RH-3 (Residential, House, Three-Family) Zoning District and 40-X Height and Bulk District.
Preliminary Recommendation: Approve
SPEAKERS: None
ACTION: Approved
AYES: Fong, Wu, Antonini, Borden, Moore, Sugaya
ABSENT: Hillis
MOTION: 19007
4. 2013.1225Q (C. LAMORENA: (415) 575-9085)
400 OAK STREET - northwest corner at Laguna Street; Lot 005 in Assessor’s Block 0830 – Request for Condominium Conversion Subdivision to convert a three-story over garage, six-unit building into residential condominiums within a RTO (Residential Transit Oriented) Zoning District and 40-X Height and Bulk District.
Preliminary Recommendation: Approve
SPEAKERS: None
ACTION: Approved
AYES: Fong, Wu, Antonini, Borden, Moore, Sugaya
ABSENT: Hillis
MOTION: 19008
C. COMMISSION MATTERS
5. Consideration of Adoption:
· Draft Minutes for October 10, 2013
SPEAKERS: None
ACTION: Adopted
AYES: Fong, Wu, Antonini, Borden, Moore, Sugaya
ABSENT: Hillis
Adoption of Commission Minutes – Charter Section 4.104 requires all commissioners to vote yes or no on all matters unless that commissioner is excused by a vote of the Commission. Commissioners may not be automatically excluded from a vote on the minutes because they did not attend the meeting.
6. Commission Comments/Questions
· Inquiries/Announcements. Without discussion, at this time Commissioners may make announcements or inquiries of staff regarding various matters of interest to the Commissioner(s).
· Future Meetings/Agendas. At this time, the Commission may discuss and take action to set the date of a Special Meeting and/or determine those items that could be placed on the agenda of the next meeting and other future meetings of the Planning Commission.
Commissioner Antonini:
Couple of things in the press I thought were very interesting. First is San Francisco Magazine has a very large section that spells out many of the new developments that are going on in San Francisco and quite well done and gives some reasons why this development is occurring now. There are actually some projects that are significant that aren’t in there, but generally the author did a really good job on it, but, right behind that there's an article that is a little more disturbing and it’s called “Arise, Tenderloin” and the author is Gary Kamiya, and he is also the author of a book called Cool Great City of Love which is very good, I just finish reading it, and it talks about 49 different parts of San Francisco. He talks in the article in San Francisco Magazine about the Tenderloin and it's little bit of expansion of his section in the book and poses some reasons why unlike the Bowery in New York or downtown Los Angeles, or other areas that were previously skid rows of other cities that have improved, that the Tenderloin does not seem to be changing significantly even with the growth around it and he quotes a lot of different reasons why this is true. It's definitely worth reading. He talks about zoning law and city politics and entrenched nonprofits, the unique housing type, being SRO’s. So, I think he's on a very good subject and one that is worthy of consideration and I've often mentioned in comments, and I think we have to encourage old housing that is substandard to be sold and renovated privately and use the moneys to build new housing for the same people that are within these places. We're seeing some of that, but not nearly enough, and that might be the only solution for this situation where many of the people who are victims of crime often from people coming from outside San Francisco via BART, so not a good situation, a good article to read. And the other one is an article on the open forum in the Chronicle by a woman who's a daughter of a fellow named William Garvey, who was a builder of many low cost housing units privately, in the past, much like a Dolger, and her contention is that inclusionary housing adds to the cost of low-cost housing being built privately and she actually points to the veto of housing bill AB-1229 by Governor Jerry Brown, as a point, and you know by State law you can satisfy building housing of all income levels, but you do not necessarily have do it with inclusionary housing, although, this is certainly an area, that is subject to a lot of discussion, she does make very good points about the fact that it raises the cost of normal market rate, lower or middle income housing that could be built if the costs, not just only for inclusionary housing, but all the other costs that are connected with having to build anything particularly in a place like San Francisco weren’t so excessive. So, it was a Chronicle from Monday the 21st and actually they ran the other side of the story, I think the on Friday by a different author, but it’s interesting reading.
Commissioner Sugaya:
I think it was Monday, wasn’t it Commissioner Wu? Commissioner Wu and I were in attendance at a celebration for the JCHESS being adopted by the Planning Commission, Historic Preservation Commission and the Board of Supervisors. It was nice. There were a Christian and Buddhist ceremonies and lots of food and sake to drink. But, I think most importantly talking to people afterwards, I think they realize the hard part now, is to come. Because of the adoption of the strategies for improving Japantown, I think that they realized that they need to get their act together. And the direction, I believe, they'll be taking is to combine the two organizations that have been working on the plan into one. I don't know if the same people will be involved, but, and to try immediately, then go to the supervisors for some kind of funding to aid them to implement the plan. They don't want to wait around and try to form a new organization, at this point, but I think that strategy I think comes later. Anyway I was encouraged that they have their mind to actually do something with the strategies that have been adopted.
D. DEPARTMENT MATTERS
7. Director’s Announcements
Director Rahaim:
Good Afternoon Commissioners. My only announcement today is to congratulate Zoning Administrator Sanchez on becoming a father this week. Scott and his wife had a baby boy this week – a couple of weeks early, 6 lbs. 4ozs. The baby is doing great. In light of that Scott will be out of the office for the remainder of the year, for the next two months he'll be taking a paternity leave, and Corey Teague will be Acting Zoning Administrator in his place. That concludes my report.
8. Review of Past Week’s Events at the Board of Supervisors, Board of Appeals and Historic Preservation Commission
LAND USE COMMITTEE:
· Supervisor Avalos’s Outer Mission NCD was heard at this week’s Land Use Committee. This Commission heard the item in April of this year and recommended approval with modifications. The new NCD you considered would replace existing minimum parking requirements with maximum parking controls, prohibit fringe financial services, offer a 5’ height bonus for active uses and institute a buffer between medical cannabis dispensaries. If you recall, the most controversial aspect of this ordinance was prohibiting new MCDs from locating within 500 feet of an existing MCD. The Commission’s substantive recommendation was to require Conditional Use for MCDs within 500 of another MCD, rather than banning them outright. The Supervisor integrated all of the Commission’s recommendations into the revised Ordinance. With that, the Committee recommended approval to the full Board.
· Also at the Land Use Committee was Supervisor Avalos’s Ordinance that would direct the Planning Commission to submit a report to the Board of Supervisors evaluating the Planning Code controls for medical cannabis dispensaries. Planning staff informed the committee that we have started the report and the Commission is scheduled to consider it on 12/5. This item was heard along with the Outer Mission NCD Ordinance and was also forwarded to the Board with a positive recommendation.
FULL BOARD OF SUPERVISORS:
· Appeal of 480 Potrero. The Board reconsidered an appeal of a Final Mitigated Negative Declaration at this address. The Board had taken testimony earlier this month, closed the public hearing and continued the decision to this Tuesday. At the last hearing Supervisors Cohen and Campos asked several questions primarily related to parking. This week, Supervisor Cohen noted that she had reviewed the new transportation analysis standards provided by Planning staff at last week’s hearing. This material answered her questions. The Supervisor stated that she felt that the appellant’s concerns were less about CEQA and more about the City’s vision for growth. With that, the Supervisor asked that the CEQA work be upheld. The Board then voted unanimously to uphold the Mit. Neg. Dec.
INTRODUCTIONS:
· BF 131041 Mar Resolution extending by 60 days the prescribed time within which the Planning Commission may render its decision his Formula Retail Ordinance. This means that the Commission will not need to consider this in early November and instead will have until early January. Mar’s Ordinance would expand the definition of formula retail to include businesses that have eleven or more outlets worldwide, and to include businesses 50% or more owned by formula retail businesses; to expand the applicability of formula retail controls to other types of retail uses; to expand the notification procedures for formula retail applications; to require an economic impact report as part of the formula retail conditional use application. This will be voted on by the Board without referral to this commission.
BOARD OR APPEALS:
Corey Teague for staff, there was a Board of Appeals hearing last night, but what may have been a conspiracy to make it easy on me but the 3 items were continued to future dates.
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. However, for items where public comment is closed this is your opportunity to address the Commission. With respect to all other 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: Jakkee Bryson – accessible meeting information
Linda Chapman - 1601 Larkin Street, sociopathic behavior
F. REGULAR CALENDAR
9. 2013.0134T (S. HAYWARD: (415) 558-6372)
AMENDMENTS TO THE PLANNING CODE, INCLUDING SECTIONS 180 and 317 AND VARIOUS OTHER SECTIONS REGARDING THE CRITERIA FOR REVIEWING THE LOSS OF RESIDENTIAL UNITS [BOARD FILE 130041] - Ordinance introduced by Supervisor Avalos that was first considered by the Planning Commission on July 18, 2013, and was subsequently split into two separate ordinances and modified. Recommendations made to Supervisor Avalos by the Planning Commission at the July hearing are incorporated into the current draft Ordinance. Specific topics for review by the Planning Commission at this time are: 1) the criteria for reviewing the loss of residential units through demolition, conversion, and merger of units; 2) the presumption in favor of preserving dwelling units in enforcement of requirements for nonconforming uses and structures; and 3) a prohibition on the demolition, merger, or conversion of dwelling units that have had a "no-fault" eviction, as defined in 37.9(a)(7)-(13) of the San Francisco Administrative Code, within the past ten years; and adopting findings, including environmental findings, Planning Code Section 302 findings, and findings of consistency with the General Plan and the priority policies of Planning Code Section 101.
Preliminary Recommendation: Adopt a Recommendation for Approval
NOTE: Supervisor Avalos has stated his intent in writing to add language that would prohibit the loss of units that have been subject to no-fault evictions within the last ten years. This is a substantive modification that had not been considered by the Commission or the public prior to the July public hearing. For that reason, the item will be considered again by the Planning Commission.
SPEAKERS: + Jeremy Pollack, Aide to Supervisor Avalos – proposed ordinance;
= Jon Lum – Ellis Act evictions, mergers, preservation, density, derelict buildings.
ACTION: Adopted a Recommendation for Approval with:
1. 10 year prohibition;
2. Effective date not earlier than today; and
3. Encouraging the Supervisor to consider separate criteria for non-Ellis Act no-fault evictions.
AYES: Fong, Wu, Borden, Hillis,Moore, Sugaya
NAYES: Antonini
RESOLUTION: 19009
10. 2010.0222E (K. ZUSHI: (415) 575-9036)
248-252 9TH STREET - west side between Howard and Folsom Streets; Lots 006 and 007 of Assessor’s Block 3518 - Appeal of Preliminary Mitigated Negative Declaration for the merger of the two lots, totaling 5,000 square feet, on the project site, demolition of the existing buildings currently used as storage, and construction of a five-story, 55-foot-tall, 18,697-sf mixed-use building including 15 dwelling units and 2,858 square feet of ground floor restaurant space. The proposed project would include no parking spaces. The project site is located in a RCD (Regional Commercial District).
Preliminary Recommendation: Uphold Preliminary Mitigated Negative Declaration
(Continued from Regular Meeting of September 19, 2013)
SPEAKERS: + Jakkee Bryson – Parking, health issues
ACTION: Upheld the PMND
AYES: Wu, Antonini, Hillis, Moore, Sugaya
ABSENT: Borden, Fong
MOTION: 19010
11a. 2013.0160CV (J. LOOK: (415) 575-6812)
470 CASTRO STREET - west side of Castro Street between Market Street and 18th Street; Lot 012 in Assessor’s Block 2647 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303 and 715.21 to allow a use size (Non-Residential) over 4,000 sq. being operated by an Institution, Other Large as defined in Section 790.50 and is a neighborhood-serving non-profit (d.b.a. San Francisco AIDS Foundation). In addition, the Project is seeking an off-street parking and rear yard waiver. Project site is located within the Castro Street Neighborhood Commercial District and 40-X Height and Bulk District, with an additional 5 feet allowed for active ground floor uses. 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: + Neil Guilliano – AIDS Foundation services provided, expansion
+ Betsy Sandidge – Project overview
+ Andrea Aielle – Combination of all three programs will benefit the Castro
- Rose Jajabeko – Deck area noise
ACTION: Approved with Conditions
AYES: Fong, Wu, Antonini, Borden, Hillis, Moore, Sugaya
MOTION: 19011
11b. 2013.0160CV (J. LOOK: (415) 575-6812)
470 CASTRO STREET - west side of Castro Street between Market Street and 18th Street; Lot 012 in Assessor’s Block 2647 - Request for Variance, pursuant to Planning Code Sections 136 to extend the length of the 2nd floor balcony on the front façade beyond the 15 foot requirement, and to not have a 1 foot separation from the interior lot line. The proposed balcony is 20 feet in length, extends 3 feet beyond the property line and has 11 feet 9 inches of headroom. The proposed balcony will replace an existing nonconforming balcony/fire escape that currently spans the entire building façade, which is 45 feet in length. The property is located within the Castro Street Neighborhood Commercial District, and 40-X Height and Bulk District.
SPEAKERS: + Neil Guilliano – AIDS Foundation services provided, expansion
+ Betsy Sandidge – Project overview
+ Andrea Aielle – Combination of all three programs will benefit the Castro
- Rose Jajabeko – Deck area noise
ACTION: AFTER CLOSING PUBLIC HEARING; ZONING ADMINISTRATOR INDICATED AN INTENT TO GRANT
12a. 2013.0226BC (R. SUCRÉ: 415/575-9108)
665 3RD STREET - located between Brannan and Townsend Streets, Lot 013 in Assessor’s Block 3788 - Request for an Office Development Authorization under Planning Code Section 321 to establish up to 123,700 gsf of office space within the South End Landmark District, SLI (Service/Light Industrial) Zoning District and 65-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
SPEAKERS: + Caroline Eiber – Project description
+ Sue Hestor – Office development done right
ACTION: Approved with Conditions
AYES: Fong, Wu, Antonini, Borden, Hillis, Moore
NAYES: Sugaya
MOTION: 19012
12b. 2013.0226BC (R. SUCRÉ: 415/575-9108)
665 3RD STREET - located between Brannan and Townsend Streets, Lot 013 in Assessor’s Block 3788 - Request for a Conditional Use Authorization, pursuant to Planning Code Sections 303, 803.9(a), and 817.48, for a change in use of up to 123,700 gsf from printing use (PDR-Production, Distribution and Repair) to office use. The subject property is located within the South End Landmark District, SLI (Service/Light Industrial) Zoning District, and 65-X Height and Bulk District.
Preliminary Recommendation: Approve with Conditions
SPEAKERS: + Caroline Eiber – Project description
+ Sue Hestor – Office development done right
ACTION: Approved with Conditions
AYES: Fong, Wu, Antonini, Borden, Hillis, Moore
NAYES: Sugaya
MOTION: 19013
13. 2013.0592D (R. SUCRÉ: (415) 575-9108)
2207 25TH STREET - located between De Haro and Rhode Island Streets, Lot 023 in Assessor’s Block 4282A - Request for Mandatory Discretionary Review, pursuant to Planning Code Sections 317 for the demolition and new construction of a single-family residence. The project would demolish the front residence and construct a new, one-and-one-half-story, three-bedroom, single-family residence. The subject property is located 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 Section 31.04(h) of the San Francisco Administrative Code.
Preliminary Recommendation: Do Not Take Discretionary Review and Approve
SPEAKERS: + Sean Kiegran – Project description
ACTION: Did not take DR and Approved as proposed
AYES: Fong, Wu, Antonini, Borden, Hillis, Moore, Sugaya
DRA No: 0339
14. 2013.0126AD (M. WOODS: (415) 558-6315)
1164 FULTON STREET - north side between Scott and Pierce Streets; Lot 011 in Assessor’s Block 0777 - Mandatory Discretionary Review, pursuant to Planning Code Section 317, of Building Permit Application No. 2013.05.31.8304S, proposing to reconfigure the existing four-unit building to a two-unit building within a RH-3 (Residential, House, Three-Family) District and 40-X Height and Bulk District. The site is also within the Alamo Square Historic 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: Do not take Discretionary Review and Approve
SPEAKERS: + Dan Frattin – Project description
+ Patrick Perez – Project restoration
+ Andy Forrest – In support
ACTION: Did not take DR and Approved as proposed
AYES: Fong, Wu, Antonini, Borden, Hillis, Moore, Sugaya
DRA No: 0340
15. 2013.0271D (T. WANG: (415) 558-6335)
10 DE SOTO STREET - on the east side of De Soto Street between Holloway Avenue and Urbano Drive; Lot 013 in Assessor’s Block 6930 - Requests for Discretionary Review of Building Permit Application No. 2013.02.26.0954, proposing to construct a two-story rear addition to an existing two-story over basement, single-family dwelling within a RH-1(D) (Residential, House, One-Family, Detached) 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: Abbreviated Discretionary Review
Preliminary Recommendation: Do not take Discretionary Review and Approve
SPEAKERS: - John Patterson – View and sunlight
+ Andy Forrest – Project description
ACTION: Did not take DR and Approved as proposed, with a suggestion to incorporate landscaping
AYES: Wu, Antonini, Borden, Hillis, Moore, Sugaya
ABSENT: Fong
DRA No: 0341
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 – 3:12 P.M.
ADOPTED – November 7, 2013
