San Francisco Planning Commission Hearing - November 21, 2024

The San Francisco Planning Commission met on Thursday, November 21, 2024, to consider a shortened agenda after several items were continued. The meeting began at approximately 1:00 PM Pacific Time. Key actions included approval of a consent calendar item, adoption of minutes, an informational presentation on a housing project at 5172 Mission Street, approval of a mandatory discretionary review allowing an in-lieu fee payment for inclusionary housing at 986 South Van Ness Avenue, and approval of a conditional use authorization for a cannabis cultivation facility at 1126 Shafter Avenue. All votes were unanimous (5-0).

Consent Calendar

• Item 3: 1201 Sutter Street, Unit 212 – Conditional Use Authorization – Approved unanimously. No public comment or request to remove from consent.
• Item 4: 986 South Van Ness Avenue – Discretionary Review – Pulled off consent by Commissioner Williams and considered separately under the regular calendar.

Public Comments & Testimony

• General Public Comment: No speakers came forward.
• Item 12 (5172 Mission Street): No public comment was offered during the informational presentation.
• Item 13 (1126 Shafter Avenue): No public comment was offered; however, staff noted that five written comments opposing the project were received after the staff report was published, focusing on the concentration of cannabis businesses in the Bayview Hunters Point neighborhood and impacts on low-income, immigrant, and senior populations.

Discussion Items

• Item 12: 5172 Mission Street – Informational Presentation (SB 423) – Project sponsor Daniel Paris, architect and co-owner, presented plans to demolish an existing two-story commercial building and construct a three-story residential building with five dwelling units and four accessory dwelling units (ADUs), totaling nine units. The site is 25 feet wide, limiting egress to a single stair design. The ground floor would feature a lobby/common area as a retail space could not be accommodated due to egress requirements. Commissioner Williams noted the displacement of an existing botanica business and asked about assistance for the tenant. The project sponsor agreed to help the business find a new space. Commissioner Imperial encouraged activating the storefront with rotating art or pop-up uses. No action was taken; it was an informational item.
• Item 4: 986 South Van Ness Avenue – Mandatory Discretionary Review – Staff presented because the property owner was unable to attend (tested positive for COVID-19). The fully constructed five-story, 15-unit building has not been occupied. The owner requested to modify the inclusionary housing compliance method from providing two on-site below-market-rate (BMR) units plus one voluntary BMR unit to a payment of the in-lieu fee, due to market conditions. The owner had also planned to change tenure from ownership to rental but rescinded that request. The owner is working with United to Save the Mission (USM) to identify a nonprofit to purchase the building as 100% affordable housing through the end of 2024. If that fails, the in-lieu fee payment would avoid foreclosure. Commissioners expressed preference for the nonprofit sale and noted the in-lieu fee could fund affordable housing elsewhere. The commission voted to take discretionary review and approve the modification with conditions.
• Item 13: 1126 Shafter Avenue – Conditional Use Authorization – Staff presented a request for a conditional use authorization to establish an industrial agriculture use (cannabis cultivation) in an existing vacant industrial building within the PDR-2 zoning district. The project would address a notice of violation (NOV) for unpermitted construction by reducing an upper mezzanine to meet code. Commissioner Braun clarified that the previous unpermitted operator was different from the current applicant, who is in the Office of Cannabis equity applicant track. The department found the project consistent with the General Plan and recommended approval. The commission voted to approve with conditions.

Key Outcomes

• Continuances: All proposed continuances (Items 1, 2A, 2B, 10, 11, 14) were approved unanimously. Item 2B (variance) was continued to a variance hearing on December 4, 2024. Items 1 and 14 were continued to January 2025.
• Consent Calendar: Item 3 (1201 Sutter Street) approved 5-0.
• Minutes: Draft minutes of November 7, 2024, adopted 5-0.
• Item 4 (986 South Van Ness): Motion to take discretionary review and approve with conditions passed 5-0. The owner may pay the in-lieu fee if the nonprofit sale does not materialize.
• Item 13 (1126 Shafter Avenue): Motion to approve conditional use authorization with conditions passed 5-0.