San Francisco Planning Commission Meeting Summary – February 22, 2024

The San Francisco Planning Commission held a regular public hearing on Thursday, February 22, 2024, at 20:00 UTC. The meeting covered a consent calendar, commission and department matters, public comment, and a regular agenda of 10 items including conditional use authorizations, a citywide zoning ordinance, and a discretionary review case. Key outcomes included approval of a market-rate to rental conversion at 1546-1564 Market Street, approval of a new restaurant (Fiddle Fig Cafe) at 790 Lombard Street over legacy business concerns, and a continued hearing for a large residence at 4000 21st Street to explore adding an accessory dwelling unit. The commission also voted not to take discretionary review of a project involving earthquake shacks at 369 Valley Street, approving the project as proposed.

Consent Calendar

• Items 1, 2, and 4 (2022-010415CUA – 2130 Leavenworth Street #6; 2022-007099CUA – 725 Pine Street #205; 2023-005943CUA – 1401, 1499 Illinois and 700 25th Streets) were approved on consent by a unanimous 5-0 vote. Item 3 (2012.0877DNX-03 – 1546-1564 Market Street) was removed from consent by Commissioner Moore and heard separately.

Public Comments & Testimony

• General Public Comment: Georgia Schudish requested greater scrutiny of demolition calculations (demo calcs) for projects involving exterior alterations, citing a 2009 code implementation document. Two representatives from the Northern California Carpenters Union (Christopher Siever and Brandon Phillips, Local 22) spoke in favor of including labor standards (local hiring, apprenticeships, health care) in future construction projects, noting that 26% of California construction workers lack health insurance and 50% rely on public assistance.
• Item 3 (Market Street): A member of the public noted the irony that the previous tenant at the site was SF BARF (predecessor to SF YIMBY) and expressed concern about the fate of families who had made down payments on condos before the conversion to rental.
• Item 10 (Citywide Commercial Expansion): No public comment offered.
• Item 11 (731 Treat Avenue): A neighbor expressed concern about lack of parking and requested the building design match the historic Mission district character; she opposed the ADU and urged parking instead.
• Item 12 (790 Lombard Street): Members of the public and a representative from Supervisor Peskin’s office (Sunny Angulo) detailed the displacement of Cafe Sapore, a legacy business. Angulo read a statement from the former owner, Elias Bikahi, who said his business was stolen and the new cafe opened improperly. Other speakers (Gloria Rogan, Marcela Sierzega, Tiffany Campbell) supported Fiddle Fig Cafe, citing its community contributions. A letter from a 60-year resident described the cafe’s support for a local school event.
• Item 13 (4000 21st Street): Adjacent property owners Steve Bain and AJ Gard opposed the project, citing loss of light, privacy, construction risks, and the owner’s alleged coercive behavior. Georgia Schudish questioned why demolition calculations changed from 54% to 44% removal between plan versions. Jeremy Paul argued the project exceeds community-created size limits (3,000 sq ft) and undermines Supervisor Mandelman’s legislation.
• Item 14 (369 Valley Street): Multiple speakers (Georgia Schudish, Catherine Petrin for San Francisco Architectural Heritage, Megan Smith for Victorian Alliance, Andrew and Tiffany Kearney, Bradley Weedmeyer) supported the discretionary review to preserve the earthquake shacks. They advocated for an alternative plan that would keep the shacks in place with minimal elevation, arguing the sponsor’s plan would render the shacks unrecognizable. Preservation architect Mike Garavaglia provided technical concerns.

Discussion Items

• Item 3 – 1546-1564 Market Street (Downtown Project Authorization): Staff (Rebecca Salgado) presented a request to convert 109 dwelling units from ownership to rental, including 13 affordable units (previously 90% AMI for ownership, now 55% AMI for rental). The building has been vacant since completion in 2022. Commissioner Moore questioned the treatment of parking (to be unbundled) and the status of previous down-payment holders. The project sponsor confirmed that all deposits were voluntarily returned; staff noted that of six BMR contracts, three secured other ownership, one used down payment assistance, and one is in a lottery. A public letter raised issues about an indicted inspector, but no specific problems were identified. The commission unanimously approved with conditions.
• Item 10 – Citywide Expansion of Allowable Commercial, Restaurant, and Retail Uses (Planning Code Amendment): Staff (Veronica Flores) introduced the ordinance (introduced by the Mayor, duplicated from an earlier version). Director Katie Tang (Office of Small Business) summarized changes: more restrictive controls in RH/RM districts (no formula retail, conditional use for midnight hours, outdoor activity areas only at front), North Beach NCD amendments (retail professional services require CU, Polk Street NCD allows nighttime entertainment as principally permitted on ground floor). Nate Hurrell (Supervisor Peskin’s office) proposed additional amendments: reinstating change-of-use notifications (Section 311) and keeping NCD-specific controls (Sections 231C, 231D). Staff opposed the 311 notice as a step backwards. Commissioner Koppel made a motion to approve the ordinance as proposed with the yellow-highlighted changes from the land use committee, without the supervisor’s amendments. The motion passed 5-0 after a brief discussion.
• Item 11 – 731 Treat Avenue (Conditional Use Authorization): Staff (Alex Westhoff) presented a proposal to demolish a fire-damaged one-story building (one legal unit, one unauthorized unit) and construct a four-story, three-unit building plus an ADU, with no parking and four class-1 bike spaces. The project received three support letters and several concerns (light, privacy, parking, view). The project sponsor explained that legalizing the existing unit would cost $550,000 but only add $150,000 in value. Commissioner Moore praised the design and density. The commission approved unanimously.
• Item 12 – 790 Lombard Street (Conditional Use Authorization for Fiddle Fig Cafe): Staff (Dakota Speecher) described the request to legalize a restaurant where the prior use was Cafe Sapore, a legacy business that vacated in 2019 after the landlord terminated its lease. Planning staff initially told the new tenant no CU was needed (an error later corrected). Zoning Administrator Corey Teague explained the misinterpretation of the legacy business code. The commission received 220+ letters of support, 334 petition signatures, and no opposition letters. Commissioners expressed dismay at the displacement of the legacy business and called for stronger protections. Commissioner Moore suggested that legacy businesses should be portable and that compensation mechanisms should be explored. The commission voted unanimously to approve the CU for Fiddle Fig Cafe, with conditions.
• Item 13 – 4000 21st Street (Conditional Use Authorization for Large Dwelling Unit): Staff (Michelle Taylor) presented a request to expand a 2,579 sq ft single-family home to 3,707 sq ft (vertical addition) within the Central Neighborhoods Large Residence Special Use District (requires CU above 3,000 sq ft). The project is planning-code compliant; a new city ordinance capping size takes effect in 2025 but does not yet apply. Neighbors opposed, citing loss of light and the owner’s conduct. Commissioner Moore made a motion to deny based on excessive size in RH2 zoning and the desire to add density. After discussion about adding an ADU (which would eliminate the CU requirement), Commissioner Braun proposed a continuance to allow the sponsor to explore a JDU/ADU. The motion to continue passed 5-0.
• Item 14a/b – 369 Valley Street (Discretionary Review and Variance): Staff (David Winslow) described a project to relocate and raise two earthquake shacks (circa 1906), add a two-story rear addition, and increase rear yard compliance. The DR requester (Mark Norton) argued the project would destroy the shacks’ integrity; an alternative plan (keeping shacks in place with minimal raise) was supported by preservation groups and neighbors. The project sponsor argued the alternative required more excavation and risk. Commissioner Braun moved not to take DR and to approve the project as proposed, based on staff’s finding that the shacks’ form remains readable and visible from the street. The motion passed 5-0. Zoning Administrator Teague granted the variance with standard conditions.

Key Outcomes

• Consent Calendar: Items 1, 2, and 4 approved 5-0.
• Item 3 (Market Street): Approved 5-0 – conversion from ownership to rental, with conditions (parking unbundled, preservation of affordable units at 55% AMI).
• Item 10 (Citywide Commercial Expansion): Approved 5-0 as proposed (with yellow-highlighted amendments from land use committee, without Supervisor Peskin’s additional amendments).
• Item 11 (731 Treat Avenue): Approved 5-0 – demolition and construction of three residential units plus one ADU, with conditions.
• Item 12 (790 Lombard Street): Approved 5-0 – conditional use authorization for Fiddle Fig Cafe; legacy business concerns noted but no further action taken.
• Item 13 (4000 21st Street): Continued 5-0 to allow project sponsor to revise plans to include an ADU (or JDU) within one month.
• Item 14a (369 Valley Street): Discretionary review not taken; project approved 5-0 as proposed.
• Item 14b (369 Valley Street): Variance granted by Zoning Administrator with standard conditions.