San Francisco Planning Commission Hearing – February 29, 2024

The San Francisco Planning Commission met on February 29, 2024, to consider consent items, an informational presentation on affordable housing, a conditional use authorization, and two discretionary review cases. The meeting also included the farewell of Commissioner Ruiz and a remembrance of Maurilio Leon, CEO of the Tenderloin Neighborhood Development Corporation.

Consent Calendar

• Items 4, 5, 6, 7, 8, 9 – Routine conditional use authorizations and planning code amendments. Approved unanimously (6-0) after recusal of President Diamond from items 5 and 9.
  • Item 5 (1400 Van Ness Avenue) and Item 9 (2245 Post Street) – Approved separately 5-0 after recusal.
  • Remaining items – Approved 6-0.

Commission Matters

• Land Acknowledgement – Read by staff, acknowledging the unceded ancestral homeland of the Ramaytush Ohlone.
• Minutes of February 15, 2024 – Adopted 6-0.
• Commission Comments – Commissioner Ruiz announced her resignation, effective after this meeting. Commissioners expressed gratitude for her service.
• Tribute to Maurilio Leon – Vice President Imperial and staff honored the late CEO of TNDC. Members of TNDC spoke; the meeting was adjourned in his memory.

Department Matters

• Director’s Announcements – Director Hillis acknowledged the passing of Maurilio Leon and noted Macy’s closure in Union Square; planning is coordinating with OEWD on future uses.
• Review of Past Events – Legislative Affairs Manager Aaron Starr reported on Board of Supervisors actions including landmark designation for Sacred Heart Parish, family housing opportunity SUD, constraints reduction ordinance, Potrero Bus Yard project, and parcel delivery/fleet charging ordinances.

General Public Comment

• A commenter discussed Section 317 demo calcs and urged the commission to revisit the values to preserve existing housing.

Item 15 – Affordable Housing Leadership Council Recommendations (Informational Presentation)

Presenters: Dan Adams (Director, MOHCD) and planning staff. Overview: The presentation covered the significant increase in affordable housing production goals (46,000 units needed, a 5‑fold increase from current production of ~1,000/year). The council made recommendations focused on three themes: advocating for federal/state/regional resources, improving local processes and funding, and fostering innovation. Key Statistics:

• Current production: ~1,000 affordable units/year; goal is 5,800/year.
• Local funds cover about one‑third of development costs; state/federal matches are critical.
• Inclusionary fees are in sharp decline due to low market-rate production.
• The proposed state bond (ACA1) would lower the threshold for passing bonds; a regional BAHA bond could generate $1–2 billion for San Francisco. Public Comments:
• Charlie Shawma (CCHO) urged the commission to set clear benchmarks and timeline for implementation, and noted missing strategies: affordable housing budget allocation and land banking.
• Joseph Smook (REAP) urged opposition to the governor’s proposed $1.2 billion cuts in state affordable housing funding.
• A private citizen suggested expanding the CityBuild program to train young people and lower construction costs. Commission Discussion:
• Questions focused on the affordable housing bond (March 2024), property insurance challenges, and tax increment financing. Staff noted the bond’s failure would severely impact pipeline projects.
• Commissioner Koppel offered to connect staff with union funding sources.
• Commissioner Imperial asked about the impact of reduced inclusionary fees and urged faster implementation of a municipal revolving loan fund.
• Commissioner Braun commended the report’s detail and emphasized the need for sustainable funding sources.
• Vice President Moore stressed the urgency of meeting near‑term goals despite funding uncertainties.
• Recusal: Commissioner Ruiz recused herself due to her employer’s involvement; the commission voted 6-0 to accept the recusal.

Item 16 – 1314 Page Street: Conditional Use Authorization

Staff Recommendation: Deny; the project does not meet the 75% floor area threshold for relocated units and lacks code‑compliant exposure. Project Description: Legalization of a merger of two flats (top floors) and relocation of one unit to the ground floor (815 sq ft, 55% of original). A variance would be needed for exposure. Public Comment:

• Catherine (owner, age 66, union musician) described 24 years of effort, financial strain, and compliance with prior permits. She requested approval to keep her home.
• Attorney for the sponsor (Justin Zucker) requested a continuance to April 25 or May 2 to seek a variance and grow the unit closer to 75% threshold. Commission Discussion:
• Commissioners were torn between policy (no mergers, protect housing) and the applicant’s circumstances.
• President Diamond favored giving time to reach a larger unit; Vice President Moore and Commissioner Imperial leaned toward denial.
• Architect noted technical challenges (eight‑inch shortfall in egress court width). Vote: Motion to continue to April 25, 2024 passed 4-2 (Braun, Ruiz, Koppel, Diamond in favor; Moore and Imperial against).

Item 17 – 1846 Grove Street: Discretionary Review

Staff Recommendation: Not take DR and approve the project (4 units, two duplexes, on a flag lot). Background: Previously approved in 2020; appealed to Board of Supervisors who limited to 2 units. Sponsor did not vest; new code now permits 4 units as‑of‑right. Variances from 2020 remain valid. Public Comment:

• DR Requester (John Mark Ciketa, NOPA West Neighborhood Association) opposed citing safety: narrow 3.5‑ft access way, fire risk, lack of second egress. Presented petition with 230 signatures.
• Proponents (neighbors/architects) supported the project, noting due diligence and fire department review.
• Opponents cited fire safety (Lahaina analogy), lack of compromise, and destruction of trees. Commission Discussion:
• Staff clarified the lot is zoned RH2/RH3; 4 units are principally permitted.
• Former Fire Department Captain (Mario Ballard) testified that code‑compliant egress is achievable.
• Commissioners found no exceptional circumstances; motion to not take DR and approve passed 5-0 (Ruiz absent for vote).

Item 18 – 124 Fillmore Street: Discretionary Review

Staff Recommendation: Not take DR and approve a two‑story garage (three cars, car lift, roof deck) in the rear yard. Variance from 2005 is valid (settlement based on disability accommodation). Public Comment:

• DR Requester and neighbors opposed: excavation risk to adjacent historic buildings, noise, short‑term rental history, and out‑of‑scale nature.
• Project Sponsor (David Nail) stated the garage is for himself and caregivers; plans include structural engineering reviews and compliance with codes.
• Remote commenter (Lucretia Rao) worried about increased traffic and loss of quiet street character. Commission Discussion:
• Staff noted excavation and structural safety are under DBI jurisdiction.
• Commissioners considered the reasonable accommodation provision, but some expressed concern about precedent for stacked parking.
• No exceptional circumstances found; motion to not take DR passed 6-0.

Key Outcomes

• Consent Calendar – Approved all items (with recusals).
• Affordable Housing Leadership Council – Report received; commission urged implementation with benchmarks.
• 1314 Page Street – Continued to April 25, 2024 to explore unit expansion and variance.
• 1846 Grove Street – Discretionary Review not taken; project approved (4 units).
• 124 Fillmore Street – Discretionary Review not taken; garage project approved.
• Commissioner Ruiz – Resignation accepted; farewell noted.
• Maurilio Leon – Remembered; meeting adjourned in his honor.