San Francisco Government SmartTranscripts:

[Commission Secretary (Clerk)]: Okay. Good afternoon, and welcome to the San Francisco Planning Commission hearing for Thursday, 09/18/2025. When we reach the item you're interested in speaking to, we ask that you line up on the screen side of the room or to your right. Each speaker will be allowed up to three minutes. And when you have thirty seconds remaining, you will hear a chime indicating your time is almost up. When your allotted time is reached, I will announce that your time is up and take the next person cued to speak. There is a very convenient timer on the podium where you can see how much time you have left and watch your time tick down. Please speak clearly and slowly. And if you care to, state your name for the record. I ask that we silence any mobile devices that may sound off during these proceedings. And finally, I will remind members of the public that the commission does not tolerate any disruption or outbursts of any kind. At this time, I'd like to take role. Commission president So?

[Lydia So (President)]: Present.

[Commission Secretary (Clerk)]: Commission vice president Moore? Here. Commissioner Braun? Here. Commissioner Imperial?

[Theresa Imperial (Commissioner)]: Here.

[Commission Secretary (Clerk)]: And commissioner McGarry? Present. Thank you, commissioners. We expect commissioner Williams to, return shortly and for commissioner Campbell to be absent today. First on your agenda, commissioners, is consideration of items proposed for continuance. Item one, case number twenty twenty five hyphen zero zero six two four six, PCA definitions, family dwelling unit planning code amendments is proposed for continue is proposed for continuance to 10/02/2025. Further commissioners under your regular calendar, item 12 for case number twenty twenty five hyphen zero zero five nine eight nine PCA And MAP consolidating the North Beach special use and neighborhood commercial districts and expanding allowable uses and use size limits in certain zoning districts. Planning code and zoning amendments are proposed for continuance for one week to September 25. I have no other items proposed for continuance, so we should take public comment. Members of the public, this is your opportunity to address the commission on their continuance calendar only on the matter of continuance. You need to come forward. Seeing none, public comment is closed, and your continuance calendar is now before you, commissioners.

[Lydia So (President)]: Commissioner Brown. Move to

[Derek W. Braun (Commissioner)]: continue items one and twelve as proposed. Second.

[Commission Secretary (Clerk)]: Thank you, commissioners. On that motion to continue items as proposed, commissioner McGarry? Aye. Commissioner Braun? Aye. Commissioner Imperial? Aye. Commissioner Moore? Aye. And commission president Soh?

[Georgia Shutish (Member of the public)]: Aye.

[Commission Secretary (Clerk)]: So moved, commissioners. That motion passes unanimously five to zero and places us under your consent calendar. All matters listed here under constitute a consent calendar are considered to be routine by the planning commission and may be acted upon by a single roll call vote. 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. Item two, case number 2025Hyphen005009, CUA at 1511 Haight Street, conditional use authorization. Item three, case number 2025Hyphen005130, CUA at 1715 Haight Street, conditional use authorization. Item four, case number 2025Hyphen004941, CUA at 3893 24th Street, conditional use authorization. Item five, case number 20252025Hyphen zero zero three three three nine PCA twenty twenty five code corrections ordinance initiation, planning code amendment. Item six, case number 2025Hyphen003139 CUA twenty five seventy three through 2575 Mission Street, conditional use authorization. Members of the public, this is your opportunity to request that any of these consent calendar items be pulled off of consent and considered today under the regular calendar or a future date? You need to come forward seeing none. Public Common is closed, and your consent calendar is now before you, commissioners.

[Lydia So (President)]: Commission Imperial.

[Theresa Imperial (Commissioner)]: Move to approve all items. Second.

[Commission Secretary (Clerk)]: Thank you, commissioners. On that motion to approve

[Commission Secretary (Clerk)]: items on consent and to initiate and schedule adoption on or after 10/08/2025 for the Code Corrections Ordinance. Commissioner McGarry? Aye. Commissioner Braun? Aye. Commissioner Imperial?

[Pratipa Teke (Tenderloin Housing Clinic)]: Aye.

[Commission Secretary (Clerk)]: Commissioner Moore? Aye. And commission president so?

[Lydia So (President)]: Aye.

[Commission Secretary (Clerk)]: So moved, commissioners. That motion passes unanimously five to zero, placing us under commission matters. Item seven, the land acknowledgment.

[Derek W. Braun (Commissioner)]: The commission acknowledges that we are on the unceded ancestral homeland of the Ramaytush Ohlone, who are the original inhabitants of the San Francisco Peninsula. As the indigenous stewards of this land and in accordance with their traditions, the Ramaytushaloni have never ceded, lost, nor forgotten their responsibilities as the caretakers of this place, as well as for all peoples who reside in their traditional territory. As guests, we recognize that we benefit from living and working on their traditional homeland. We wish to pay our respects by acknowledging the ancestors, elders, and relatives of the Ramaytush Ohlone community and by affirming their sovereign rights as first peoples.

[Commission Secretary (Clerk)]: Thank you. Item eight, consideration of adoption draft minutes for 07/31/2025. Members of the public, this is your opportunity to address the commission on their minutes. Seeing none, public comment is closed, and your minutes are now before you, commissioners.

[Lydia So (President)]: Commissioner Braun.

[Derek W. Braun (Commissioner)]: Move to adopt the minutes.

[Theresa Imperial (Commissioner)]: Second.

[Commission Secretary (Clerk)]: Thank you, commissioners. On that motion to adopt your minutes, commissioner McGarry. Aye. Commissioner Braun. Aye. Commissioner Imperial.

[Theresa Imperial (Commissioner)]: Aye.

[Commission Secretary (Clerk)]: Commissioner Moore. Aye. And commission president Soh. Aye. So moved, commissioners. That motion passes unanimously. Five to zero. Item nine, commission comments and questions. Okay. If there are no comments or questions from members of the commission, department matters, item 10, directors' announcements.

[Sarah Dennis-Phillips (Planning Director)]: Good afternoon, commissioners. I'll keep it brief today as well. Just wanted to let you all know, and it was it was great to see a few of you. We had our, planning department family picnic yesterday afternoon, and the weather in Golden Gate Park cooperated. It was a real great opportunity for us, not just to, get together as a team, not looking at case items or or talking about policy issues, but just, you know, getting to know each other's families and playing some pretty silly games, which was wonderful. Speaking of families, the family zoning plan, which you all heroically heard stayed here for ten hours to discuss last week. Thank you very much. The mayor has requested that that be heard at the land use committee of the board of supervisors on October 20, so we'll keep you posted on that as it's moving forward. I do also just wanna make known, both for you as commissioners and for the public, that we continue to be committed to sharing information about that plan, to all and any interested residents, neighborhoods, etcetera. We have a couple more events scheduled this week, but I encourage folks who either don't know about the plan or are concerned about the plan or, would like to understand what happened last week to reach out to us, we'll continue to touch as many people as we can. So just continuing to seek those opportunities. And then lastly, I'm really excited that I will have an opportunity a week from Sunday to join the Big City Planning Director Institute, which will be held in Cambridge. It will be the first time I will attend. One of our former leaders, Jon Rahm, strongly encouraged. It's something he attended regularly and and said it was a great opportunity, so I'm looking forward to that. And I mention it only because if there are things that any of us are aware of that have happened in other cities that we're interested in learning more about for our own city, I'll be doing some of that work. But if there's any items that you have followed, you know, throughout the nation or world that we're interested in and that I should learn more about while I have that great opportunity, please let me know so we can and I'll bring back any learnings we get from that. Thank you.

[Commission Secretary (Clerk)]: Okay. If there are no questions for the director, item 11, review of past events at the Board of Supervisors and the Historic Preservation Commission. There was no Board of Appeals, report.

[Aaron Starr (Manager of Legislative Affairs)]: Good afternoon, Commissioners. Aaron Starr, Manager of Legislative Affairs. It has been a minute. I hope you all had a nice summer break. Since the recess has ended, there's not been a lot of activity at the board related to the planning department. However, during their first meeting after break, the board finished some old business and passed on second read supervisor Mandleman's ordinance for the amnesty for properties in the Department of Building Inspections internal quality control audit. They also passed on second read supervisor Melgar's unauthorized and rent control dwelling units ordinance and also supervisor Melgar's use size limits ordinance. Last week, under the formal policy discussions provided under the administrative code, the mayor and the board held a formal policy discussion regarding the family housing plan. And then this week, the board passed supervisor or I'm sorry, the mayor's ordinance that waives certain development impact fees in the Market Octavia plan area. And thus far, there have been no planning department items at the land use committee since recess. So that's all I have for you today.

[Commission Secretary (Clerk)]: The Historic Preservation Commission did meet yesterday, and they adopted recommendations for a number of legacy business registry applications. Frank's Fisherman on Jefferson Street, Presidio Hill School on Washington Street, Gemini Unisex Hairstyling on Fillmore Street, Grafeo Coffee Roasting Company on Columbus Avenue, Graphic Arts Workshop on 3rd Street, Magic Theater on Marina Boulevard, Mission Grocerateria on 23rd Street, Mister s Leather on 8th Street, and, oh, Fred's Liquors on Mason Street and, Micah Day on Green Street. They also heard, an informational presentation on SROs and apartment hotels as part of the citywide historic context statement. They also reviewed and commented on the Freedom West two point o, preservation alternatives. And they heard an informational presentation on the racial and socially social equity action plan. If there are no questions, commissioners, we can move on to general 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 accept agenda items. With respect to agenda items, your opportunity to address the commission will be afforded when the item is reached in the meeting. When the number of speakers exceed the fifteen minute limit, general public comment may be moved to the end of the agenda.

[Lydia So (President)]: Can you speak on the microphone?

[Georgia Shutish (Member of the public)]: I will. I just wanted to get it set up. Sorry. Now I'm gonna speak. Thank you. Hi. Georgia Shutish. Good afternoon, commissioners. On the overhead is the price history of that project I sent you in the email, 752Elizabeth. And you can see the price well, maybe you can't really see it, but it was 1.4 something. And then two weeks later, it was over $2,000,000 So that to me is the speculative fever that went on in 2015 with the alterations. And then you see the price increases, dollars 7,000,000, and then the recent sale at $9,600,000 Only $9,600,000 Here is a photo of this property from 1967 that I found in the pen. And here it is in 2013. You can see it was kind of upgraded. They even tried to do windows that were historic. And the inside was definitely upgraded, and as I wrote in my email, very livable. Here it is during the construction, if you didn't happen to look at the email. And here it is today when it just sold for $9,600,000 So I wanted to talk about that because that relates to alterations and the demo calcs. And I think those demo calcs were kind of odd in that one. It was approved in 2017 prior to the 2020 correction revision in the code implementation document for the clarifications, and then they revised the horizontal, and then the vertical are a little odd. If you look at the email at the PDF, you'll see that. I also want to talk about the emails I sent on the sixth and the June 17, which I sent to Director Dennis Phillips because she wasn't here then, so I wanted her to know what I was talking about. And that house sold for $5,660,000 which I would think would be roughly the Noe Valley a decade average. But now $9,000,000 I admit is unusual, but there were a couple, but most sold for 7. So what's my point? This project and all the others were approved with the demo calcs never being adjusted. They were approved as alterations. And I think that's the most important point. The never adjusted demo calcs and there's still confusion over the definition of demolition, and I think that that's very concerning for the commission with regard to the priority equity geography neighborhoods, and even for the moderate resource neighborhoods. I think that's concerning. So you still have your legislative authority as a commission per section three seventeen b two d to adjust the demo counts and to meet the findings of section three seventeen. And here's my 150 words for minutes. And another matter, here's an article that was in the Wall Street Journal when you were all away, having a good time, I hope. And it says, big tech falls short on Bay Area housing. And it talks about affordable housing. And I think it's an interesting article. You'll have to all share it because it's only one copy. And that's it. Thanks. Have a great day.

[Peter Stevens (Build Affordable Faster California)]: Hey, commissioners, department. My name is Peter Stevens, build affordable, faster California. As I think we all know, SB 79 is headed towards the governor's desk. And whether you love it or hate it, I hate this microphone right now. But if you love it or hate it, one thing we all have in common is we do not know how it will impact San Francisco. So yet again, I come here to ask, can we get analysis? You know, will it lead to the next wave of evictions in the mission? Will it lead to destruction of buildings in Chinatown? What happens in the Bayview? So we need to know how it impacts arena numbers. We need to know how it impacts our local policy stack, and we need to know, basically, we need to see some maps. Thank you all. Have a great day.

[Commission Secretary (Clerk)]: Last call for general public comment. Seeing none, general public comment is closed, and we can move on to your regular calendar, commissioners.

[Lydia So (President)]: Commissioner Williams?

[Gilbert Williams (Commissioner)]: Yeah. I just want to respond to the last comments here. Is there any effort to understand how SB 79 will impact, San Francisco neighborhoods? Director Phillips or Yeah. Miss Swati?

[Sarah Dennis-Phillips (Planning Director)]: Commissioner, of course, there is. Yes. With the the bill was passed, It is now stable. As we mentioned to you, we we now have a bill that we can analyze. Our citywide planning team is looking at it. Right. We think it'll take about a week and a half. It's it's relatively complicated and untested, so we are looking at that. Two facts I'll note just as overlining that I think are giving us some comfort as as we look at the bill. The bill does allow for alternative ways of providing that density, and the family zoning plan that you that this commission approved last week, we believe provides the bulk of that. So we're doing the analysis to understand exactly how much of it provides. Thank you.

[Gilbert Williams (Commissioner)]: I I appreciate that. I I think we'll we'll all look forward to understanding more, about this bill and how it's going to impact, San Francisco. Thank you so much.

[Lydia So (President)]: Thank you for real reiterating it. I think, Director Phillips mentioned that when our department is ready, we will get a chance to hear it, right?

[Sarah Dennis-Phillips (Planning Director)]: Yeah. We'll keep you posted via email. I don't I it would be a surprise it was ready for next commission's hearing, but probably within two. So we'll we'll get back to you as

[Lydia So (President)]: soon as we can.

[Commission Secretary (Clerk)]: Okay, commissioners. Regular calendar item 13, case number 2025Hyphen006251. PCA permitting outdoor handwashing, vacuuming, and detailing of automobiles in the Gary Boulevard and CD. This is a planning code amendment.

[Lisa Gluckstein (Planning Department staff)]: Good afternoon, commissioners. I'm Lisa Gluckstein, planning department staff. The item before you is an ordinance that would make changes to the Geary Boulevard neighborhood commercial district to allow outdoor hand car washes as an accessory use to an automotive service station use. The department is making a recommendation for approval with modifications to extend the benefits of the proposed changes in this ordinance beyond a single business, as is the case with the draft ordinance now. This ordinance came about as a result of a specific business, jet car wash, which operates as a relatively low intensity hand car wash service on the site of an existing marathon gas station at 4501 Geary. Currently, the planning code requires car wash uses to be conduct conducted within an enclosed building, primarily contemplating drive through car washes. There is no allowance currently in the planning code for hand car wash uses like the jet car wash that operates at 554501 Geary. And this ordinance seeks to correct that oversight for this business. The ordinance, as currently proposed, would allow outdoor hand car wash hand washing, vacuuming, and detailing of automobiles as an accessory use at an automotive service station in the Geary Boulevard NCD only for car wash businesses in operation as of the effective date of the ordinance. As an additional requirement, the hand washing use can occupy a maximum of five parking spaces at the gas station site and would be subject separately to SFPUC mobile washer permit requirements, which regulate discharges into the city's sewer and stormwater collection systems. As drafted, the ordinance functionally limits the benefits of its changes exclusively to one business, since there are no other known hand car washes operating at gas stations in the Geary NCD. Accordingly, the department is recommending that this ordinance be amended to broaden its applicability beyond both the specific business in question and beyond the Geary NCD. We recommend the ordinance be amended to first eliminate the limitation that handwashing use, that the handwashing use be in existence as of the effective date of the ordinance. And second, to apply this change more generally to allow handwashing as an accessory use to any automotive service station citywide without the limitation to the Geary and CD. The recommended modifications would allow other existing or prospective handwashing businesses to operate where they're most appropriate on existing automotive service station uses and to offer a lower intensity alternative to enclosed automotive wash uses citywide. That concludes my presentation. Happy to take any questions. Thank you.

[Commission Secretary (Clerk)]: With that, we should take public comment. Members of the public, this your opportunity to address the commission on this item.

[Angeline Yu (Aide, Office of Supervisor Connie Chan)]: Good afternoon, commissioners. Angeline Yu, staff with, supervisor Connie Chan's office. Thank you for your consideration of item 13. This item for you today that seeks to modify the Gary NCD to authorize, as mentioned, the outdoor hand car washing services as an accessory use. This will simply eliminate the condition requiring car washing businesses located at a gas station, where services and car washing is done by hand to construct that separate structure at the gas station along the Gary NCD corridor. This legislation is responsive to small business needs. Not only does it help an existing beloved automotive hand washing business that has been operating presently at one of our local gas stations, but also allows and ensures that this neighborhood serving service remains accessible for our residents. Thank you for your time and consideration.

[Commission Secretary (Clerk)]: Last call for public comment. Seeing none, public comment is closed. And this matter is now before you, commissioners.

[Lydia So (President)]: And, miss Jenna McGarry?

[Sean McGarry (Commissioner)]: This gas station is the closest gas station to my house. I'm on 10th And Cabrillo, and this is, 9th And Geary. It used to be an old Shell station, and it's recently in the last year, I'd say, turned to a a marathon. And since then, they started car washing. I would question the discharge of chemicals being used into the city system because right now, I don't believe there's anything there's any filtration system or anything there. It's just basically suds all over the the five spaces that are being used. So I'm wondering if there's any consideration to that.

[Lydia So (President)]: Lisa, please.

[Lisa Gluckstein (Planning Department staff)]: Yeah. If I may,

[Sarah Dennis-Phillips (Planning Director)]: we

[Lisa Gluckstein (Planning Department staff)]: my understanding, and I the supervisor's aide can confirm this, is that the applicant is working to receive that mobile discharge permit from the PUC, which requires that they use certain cleaning products, lower impact environmentally sound cleaning products, and limits the amount of discharge that they can make to the system. But I can also the I'll I'll defer to the supervisor staff on more specifics there.

[Angeline Yu (Aide, Office of Supervisor Connie Chan)]: Thank you. Correct. I think we share that goal regarding the environmental mitigations. And so I think it's a entirely separate permit through the SFPUC as outlined per the staff report. That is the mobile washer permit, ensuring that the gray water is retained within the systems at the gas station so that it doesn't enter into the basins. And so what the planning code amendment seeks to do is address the accessory use component, while separately the PUC would address the wastewater aspects. But thank you for that.

[Lydia So (President)]: Commissioner Williams?

[Gilbert Williams (Commissioner)]: Thank you. I like the idea of having somewhere to wash your car. I frequently need that service myself. And it's hard to find, actually. And so, I I do have a question, for the supervisor's office. The the planning department rec has a recommendation, and I wanted to see what the supervisor's office thinks about it. And it basically says that they to modify the ordinance so that any automotive station is allowed to have outdoor handwashing vacuuming and detailing as of as an accessory use? Alright.

[Angeline Yu (Aide, Office of Supervisor Connie Chan)]: Thank you for the question, commissioner. We're happy to I'm happy to take that back to the supervisor for further consideration. This stemmed from us recognizing some of the needs that we saw within our neighborhood, but happy to take that under consideration.

[Gilbert Williams (Commissioner)]: Okay. So Okay. Sounds like you guys don't have a position on whether you'd want to do that or not.

[Angeline Yu (Aide, Office of Supervisor Connie Chan)]: Not presently. Okay.

[Gilbert Williams (Commissioner)]: Thank you.

[Lydia So (President)]: Thank you. Thank you. Commissioner Lebron?

[Derek W. Braun (Commissioner)]: I had that same question. And and especially being encouraged, especially hearing that, there's no position by the supervisor's office on it, you know, to me, I I think something that you said really stuck with me, which is that, this expansion of the use is really responsive to small business needs. So, I don't have a question, but I just wanted to say, you know, for me, it it seems reasonable to expand citywide to accept that staff modification here at Planning Commission, because it also sounds like from the staff presentation that really this was not the hand washing use was not really contemplated. It was, you know, the focus of the indoor requirement was more about automated car washing, if that's right. Okay. I have two questions, though. The first one is to actually, I guess they're both for staff, department staff. Thank you. So in our packet, there was one recommended modification about the city wide application of the change. I think you may have said there was a you may have said something else before that in your oral presentation.

[Lisa Gluckstein (Planning Department staff)]: I just broke it out so that it's one functional change. We're just the proposal is to apply this concept citywide by doing two things. The ordinance currently limits it by the effective date of the business. So if the business was in existence as of the passage of the this ordinance, those are the only circumstances with in which it applies and it also limits it to the Geary NCD. And so getting rid of both of those conditions is our recommendation. So I just split it out so that you understand that they're kind of two separate criteria that are required to meet the requirements of this ordinance as currently drafted.

[Derek W. Braun (Commissioner)]: Thank you. That's helpful. And then my other question, maybe the project sponsor's best position to answer this or maybe I'm not sure. But my question is to commissioner McGarry's point, right now, it's possible I don't know how easy it is to sell from looking, but it's possible that the the car washing activity is resulting in discharge into the sewer system rather than on-site graywater. So, is mobile is the car washing use happening right now in the interim, or does that have been suspended pending the mobile washer permit?

[Lisa Gluckstein (Planning Department staff)]: It's currently my understanding is currently in operation, but, we have a representative from the business here, if if you're open to having them comment directly on that.

[Derek W. Braun (Commissioner)]: Yes. Yeah. I'd be curious how it's still moving forward without the permit or or this change or how it's still happening.

[Lisa Gluckstein (Planning Department staff)]: The the department's allowing the use to continue as they're pursuing this legislative change.

[Planning Department staff (Code Enforcement/Permitting)]: Okay. Maybe you can just chime in. That's pretty typical with, businesses that are found to be in violation. If they're proceeding with a path to correct, we usually let them operate. We don't make them entirely cease operation so long as they're diligently pursuing the corrective path.

[Derek W. Braun (Commissioner)]: I see. Thank you. And the mobile washer permit is, out of our hands, so I was more just curious about that. Alright. Thank you. I with that, I move to recommend approval, with, the recommended staff modifications.

[Lydia So (President)]: Second.

[Commission Secretary (Clerk)]: Okay. Commissioners, if there's no further deliberation, there is a motion that has been seconded to adopt a recommendation for approval with SAF modifications on that motion. Commissioner McGarry? Aye. Commissioner Williams? Aye. Commissioner Braun? Aye. Commissioner Imperial? Aye. Commissioner Moore. Aye. And commission president Soh.

[Lydia So (President)]: Aye.

[Commission Secretary (Clerk)]: So moved, commissioners. That motion passes unanimously five to zero.

[Kathrin Moore (Vice President)]: Oh, six to zero.

[Commission Secretary (Clerk)]: Excuse me. Six to zero. Commissioners, that will place us on item 14 for case number 2025Hyphen001698SHD for 31533175SeventeenthStreet. This is a request for adoption of shadow findings.

[Lydia So (President)]: And, commissioner Braun, you have a recusal to make?

[Derek W. Braun (Commissioner)]: Not a recusal, but a disclosure.

[Lydia So (President)]: Disclosure.

[Derek W. Braun (Commissioner)]: So the architecture and design firm Perkins and Will is part of the sponsor's team for the project for us for approval. My employer, Strategic Economics, is currently a sub consultant to Perkins and Will on multiple projects, none of which are located in San Francisco or being completed for the city and county of San Francisco. I am strategic economics principal in charge for one of the projects with Perkins and Will, which is an area plan for the North Petaluma area of the city of Petaluma. But neither I nor my employer has worked on the project before the commission today, and these relationships will not impact my ability to be impartial on this matter.

[Lydia So (President)]: Thank you.

[Arroyo Pesa (Planning Department staff)]: Good afternoon, Commissioner So and members of the commission at the Arroyo Pesa with planning staff. Before you today is a request to adopt a shadow finding pursuant to section two ninety five of the planning code for the proposed expansion of ODC, formerly known as Oberlin Dance Collective, their theater campus. The proposed project would expand the ODC theater at 3153 17th Street into the adjacent 14,320 square foot building located at 3175 17th Street, developing the building with studio spaces, creating interior connections between the two ODC owned buildings. Most notably, for this commission, the project would construct a one story vertical addition, 5,684 square feet at 3175 17th Street to create a second performance space and a 1,500 square foot rooftop terrace. A shadow study was prepared by a qualified shadow consultant, pre vision design that analyzed the net new shadow resulting from the project that may cast upon properties under the jurisdiction of the Recreation and Parks Department. The shadow study revealed that the project proposed vertical addition is expected to cast net new shadow on Inchan Cajal Park, formerly 17th And Folsom Street Park, an RDT Parks location northeast of the project site along 17th Street between Shotwell and Folsom Street. According to the shadow study, the In Chan Cajal Park has an existing shadow load of only 5.2, meaning the park receives the majority of its theoretical annual available sunlight, TAAS. The project would add 139,455 square foot hours of shading or 0.12%, so that's less 1%, TASS, for a total of a 5.3 shadow load on the park. So even with this additional shadow, the park would still receive 94.68 of TAAS. The additional shadow cast would occur primarily late in the afternoon of fall and winter months ranging from October 12 through February 28. The average shadow duration for affected areas of the park would range for periods of less than two minutes and sixteen minutes per day. With an average size of shadowed area on the affected areas approximately of 2,000 square feet, which is just under 7% of the park's total area. New shadow will appear over the southwest corner of the park and extend eastward into the central lawn, shading portions of the amphitheater, central lawn, and and the Southwest park entrance, mechanical equipment, and portions of the community garden. However, the raised planting beds greenhouse areas would not be affected at any time. Similarly, the children's playground and adult gym equipment area would not see any net new shadow. In summary, the project's overall shadow impact in Incheon, Cajal Park would be characterized as subtle as shadow would only affect portions of the affected areas, would only be present across limited dates during the fall and winter, and in most areas would be present for under fifteen minutes late in the afternoon only. On 08/21/2025, the Recreation and Park Commission held a public hearing to review the shadow study. After reviewing the findings, the Commission adopted a resolution to recommend that the Planning Commission find that the shadows cast by the project would not be adverse to the use of Incheon Cajal Park. In closing, the Planning Department believes that overall this project meets the goal of the Mission Area Plan and the city's general plan. The project will provide benefits to the community by supporting the retention and expansion of an arts activities in the Mission Neighborhood. ODC is a nonprofit organization that includes a professional dance company, dance school to the public, and rehearsal and performance spaces for artists, programs for various age groups. Sponsor has engaged with the community regarding the proposed project. Therefore, the department recommends that the planning commission adopt findings that net new shadow cast by the project would not be adverse to the use of Inchan Cahal Park. Thank you for your consideration.

[Commission Secretary (Clerk)]: Okay. We should take public comment. Members oh. Is the project sponsor here?

[Farhad Nabi (Business owner, 1135 Market St.)]: Yes, the project sponsor's here.

[Commission Secretary (Clerk)]: You have five minutes.

[Peter Fau (Principal Architect, Perkins & Will)]: Yes.

[Gilbert Williams (Commissioner)]: Yep. There we go. It'll show right here. Okay.

[Garth Crimble (Chief of Staff, ODC)]: Good afternoon. My name is Garth Crimble, and I'm the chief of staff at ODC. And I'm joined by Peter Fau, who's the principal architect for this project. A little more information about ODC, we've been in the intermission for over forty five years, and specifically to the projects that the planning commission spoke of or commissioner. We have a professional dance company that employs dancers year round, and we tour internationally, and we bring artists to the Mission and to San Francisco. Our campus has 200 classes a week that we offer and from ages two to over 90. We have a healthy dancer clinic that offers free health care to practitioners, and we have a theater that's a rental house and a producer of art that brings, revenue to the city and artists from around the world to our campus. In addition, our campus houses three businesses, Rhythm and Motion, Contrology Pilates, and Robin's Cafe. And so we're very excited to expand our mission of making dance accessible to all and bring more opportunities to the Intermission District and to San Francisco as an arts hub by expanding our campus to include this new building and 3rd Floor performance space.

[Peter Fau (Principal Architect, Perkins & Will)]: This progress at all?

[Garth Crimble (Chief of Staff, ODC)]: Oh, yeah. I'll do it. Nope. It went backwards.

[Peter Fau (Principal Architect, Perkins & Will)]: One more. Good Good afternoon, commissioners. Just wanna say this is very much a passion project for Perkins and Will. We see this as a project that gives back pretty significantly to the city of San Francisco. And we've been working with actually, can you go back one slide? Working with ODC to develop the plan for this. It's really thinking about the overall campus of the unified buildings, both functionally inside, but as an overall composition, you can see there's a new piece that kind of poke ends the original building on the corner and frames the theater. And that sets up the main entry that will be the entry to the campus, allowing them a kind of functional clarity. And if you go to the next slide, you'll see that inside we're linking the two buildings, creating a greater lobby space that will make events more generous. If anyone's ever been there, it's kind of crowded when you come out of a show, so we're addressing that. And then significantly, can you do the next one? We're adding a kind of very special performance space on the top of the building that we call the Sky Studio that's full of light, and it's really a place that is designed for dance performance, but can also have spoken word and music performance as well. So it's really gonna be a very special space that has a view back towards the city and kind of complements the venues that artists can use in San Francisco for performances. And last slide, one of the things that's really exciting is this building has a kind

[Sarah Dennis-Phillips (Planning Director)]: of

[Peter Fau (Principal Architect, Perkins & Will)]: luminous facade that will light up at night, and we see it as a kind of beacon for the arts in San Francisco and be a exciting place where performance and arts are are more and more a part of our city and its character. So thank you.

[Gilbert Williams (Commissioner)]: I'll add on my thing.

[Garth Crimble (Chief of Staff, ODC)]: And I just wanna add in terms of outreach, in addition to many one on one conversations, we had an open house in the new building in July and invited our community members. And then another member of our management team and I attended a, community work day in Inchonka Hall Park's community garden in August and shared with four members of the community garden team the project, and it was met with no reservation and general excitement. Thank you.

[Commission Secretary (Clerk)]: Thank you. That concludes project sponsor's presentation. Now we should take public comment. Members of the public, this is your opportunity to address the commission on this matter. You need to come forward. Seeing none, public comment is closed, and this item is not before you, commissioners.

[Lydia So (President)]: Commissioner vice president Moore.

[Kathrin Moore (Vice President)]: We're hearing a lot about the exodus of art in the city. I think this shows proves the opposite. It's wonderful to hear that it is not only expanding, but also the location in which it's expanding. I think it is a win for everybody. I looked very carefully at the shadow study. There are some shadows, but they seem to be occurring at times that are not crucial for the open space to function. Much of it is also on the circulation space. I am in full support, and I think what we are approving is a shadow findings. We are not approving the building, but I would definitely wholeheartedly support both. I'm making a motion for approval.

[Lydia So (President)]: Great. And, Commissioner Williams, you'd like to say something?

[Gilbert Williams (Commissioner)]: Yes. I did. Just wanted to recognize, OCD and the the work that they do. They've been around for a long time. And I think this is a good project, a great project for the community, because they do engage with the community, and the things that they do are very uplifting. And so I really appreciate that, coming from this community myself. And this is about the shadow findings. I was just thinking back when I was a kid. And there's not a lot of open space in the Mission District, and it's pretty dense. And I was just thinking about the building that's next to the park. And I also recognize that the shadow on this particular project is not much. But I do want to emphasize how important it is for these open spaces around our city, especially in areas like the Mission, that are important, because kids go out into this space because they don't have a backyard. The kids that live in the building there, there is no backyard. And so they go out onto the park and they play there. When I was a kid, we had a small backyard, so it was nice. I lived in a three story building. Thank God we had the boys club that was right across the street. And I lived in that boys club. Seriously, you know, as much time as and so kids need my point is that open spaces and dense areas are very, very important. And we need to keep our eye and make sure we protect them for the children of these neighborhoods, because they go out into those spaces, and they utilize these spaces. So having said that, this particular project has my support on the shadow findings. But I just wanted to emphasize how important it is that we keep doing these shadow findings and making sure we protect these areas around our city. Thank you.

[Lydia So (President)]: Well, thank you, commissioner Williams, and, I look forward to see OCDs continue the expansion and the design for the building. It is a work of love, like the architect said. I appreciate the effort. My daughter actually took dance class growing up in ODC while I take some of these dance class while she's doing her dance. And the park is important, and I'm glad that the design of the building also, didn't cover the playground. Right? And it's kind of a really nice new park that we have in the in the community in that neighborhood that really well deserved some really high quality space public space making. And I think that, we don't have any more commissioners like to make more comments, and we are ready for a vote.

[Commission Secretary (Clerk)]: Indeed. We have a motion that has been seconded to adopt the, shadow findings on that motion. Commissioner McGarry? Aye. Commissioner Williams? Aye. Commissioner Braun? Aye. Commissioner Imperial? Aye. Commissioner Moore? Aye. And commission president Soh?

[Lydia So (President)]: Aye.

[Commission Secretary (Clerk)]: So moved, commissioners. That motion passes unanimously six to zero. Placing us on the final item on your agenda today, number 15, case number 2024Hyphen001412CUA at 1135 Market Street, conditional use authorization.

[Lizzie Mallow (Planning Department staff)]: Good afternoon, commissioners. Lizzie Mallow, planning department staff. The project before you is a request for conditional use authorization to legalize an existing tobacco paraphernalia establishment use at 1135 Market Street. I've suggested text amendments to the motion, which I emailed to you yesterday. And And should the commission adopt the draft motion, it should incorporate those changes as provided by staff. The project is in response to a planning code enforcement case opened after a city attorney task force inspection that revealed the tobacco paraphernalia establishment use was not authorized. Letters from the Mid Market Business Association, Mid Market Community Benefit District, and the Tenderloin Housing Clinic indicate that there is concern over drug use and loitering occurring at the project site. The subject property has also had a history of SFPD calls for service and DPH violations. The tobacco paraphernalia establishment appears to contribute negatively to peace, health, safety, and general welfare problems, And therefore, staff recommends the commission deny the application. The project sponsor is here and also available for any questions.

[Commission Secretary (Clerk)]: Project sponsor, you have five minutes.

[Farhad Nabi (Business owner, 1135 Market St.)]: Hello. Good afternoon. My name is Farhad Nabi, and I am the owner of the tobacco shop on 1135 Market Street. And as she mentioned, I have been in that location for sixteen years, existing tobacco paraphernalia smoke shop. And, one day, I got a letter that the task force was coming and there was issues about my store. I didn't even know what that meant, and then I didn't even know what's going on. And then when I received all these letters that, you don't have authorization to sell the tobacco paraphernalia, I was, like, I was just shocked. I didn't even know what's going on. I didn't even know what a planning commission is or even I needed a license to sell this. And then later on, I learned that if I had opened in o eight instead of o nine, I wouldn't even be here. But after o o eight, you have to get a planning conditional authorization use. So when I was received all this, I was in shock. I didn't even know all this stuff was going on, including the negative things that was being said about my establishment. I was not aware of any of this being there sixteen years. And when the task force came to my store from every department, DPH, DBI, planning, fire, you name it, the whole crew came, some of the staff revealed to me that we have received complaints about your establishment that the people who are selling drugs on 7th And Market was using your store and they were hiding inside, and that's what triggered this task force. And I was not even aware of that because that never existed. It just happened when, in the last term of Mayor Breed, there was just a major cleanup of 7th And Market. So when they cleaned up all the corners where people crowd, they started running and hiding inside of stores, and one of them was mine. And that's what triggered this all of this task force. So I was brought to awareness that there has been an issue. So when I got the option, my planner when was name was Gia. Gia communicated to me that you cannot sell tobacco paraphernalia unless you have to get a conditional use authorization. So I was like I was in shock. I was like, I can't just give up this sixteen years of business. This is all I have, and this is what I feed my family with. So I said, okay. Then I'll start applying for the conditional use authorization. And I paid all the fees and everything, and I hired my agent to help me with the process, and we went forward to get a hearing. I said, that's what you're supposed to do. And right before the hearing, I was brought to my attention, said, hey. You're probably gonna get denied. So do you still wanna go through with this? I said, well, I already paid all the fees and everything, so I just wanna get a hearing anyways since I did that. And I also wanted to come and hear from the public other issues because, the tobacco paraffling is not a real issue because I barely sell any of it anyways. It's like 5% of my business, marijuana bongs. So today, when you guys would deny me, you're gonna be denying me tall marijuana glass bongs I cannot sell. 95% of my business is not affected because it's not tobacco paraphernalia. And the issues with my store has nothing to do with tall glass bongs that I will have to remove. And I also wanted to learn today about public nuisance, not about tobacco paraphernalia because even if I'm denied, I'm still gonna exist 95% of my business, and I'm still gonna be there because I've been there for sixteen years. And I also I wanted to learn if there's other issues, and I could work with the people who have submitted mid market alchemy, 10 or one housing, anybody who have told you guys negative things, nobody ever came to me to talk to me and say, hey. We have these issues. Would you like to fix these if it's a public nuisance or something? Because like I said, 5% of my business is tobacco paraphernalia. And denying that is 5% of my business gone. Well, what about the 95%? What about tomorrow? Is there any issues? Would you guys like to communicate with me? Don't do this or don't do that. And if they had done that prior, I would have, of course, complied with them because I've been doing business in San Francisco for thirty years, so I'm not here to ruin my city. I'm here to work with my city, and that's pretty much the reason I'm here. Thank you.

[Commission Secretary (Clerk)]: Okay. Thank you. With that, we should take public comment. Members of the public, this is your opportunity to address the commission on this item.

[Pratipa Teke (Tenderloin Housing Clinic)]: Good afternoon, commissioners. My name is Pratipa Teke, and I work for Tenderloan Housing Clinic. And I have an email here, which basically you guys have seen a letter opposing basically, supporting the denial from the staff. We did meet with the owner. I do remember seeing the owner, mister Fahad and other there was two business partners. We did talk about the conditions because we at Alon Housing Clinic, a national hotel is upstairs where we have residents that we manage and we have seen. And this was in 2024 when it was there was a lot of loitering, drug dealing, drug use, and everything. And then we decided we will talk to the owner and talk and figure out what is what are the things that we can do to help and support, including figuring out if we can push the city to bring urban alchemy into the mix to manage the front. But we the meeting did not go well because the owner denied selling any tobacco paraphernalia in the meeting, and we did not come to any resolution, unfortunately, and so we went to separate ways. And then, you know, DMACC operation happened, and there are a lot of other stores that opened up in the neighborhood, which is mostly to either selling tobacco paraphernalia or smelling selling snack shops, which created a lot of unsafe environment in the 10 Loin to the extent 10 Loin and Market Street and South Of Market. You've seen you see it every day what we're seeing in the Twitter feed and in the newspapers. So we we want good grocery or shops that would that would help our residents, that would help our tenants who live in the neighborhood. And that's why we we want to support the staff's denial. So

[Lydia So (President)]: thank you.

[Commission Secretary (Clerk)]: Last call for public comment. Seeing none, public comment is closed. This matter is now before you, commissioners.

[Derek W. Braun (Commissioner)]: It's it's helpful to hear from the project sponsor that, this is a small part of your business. I I do agree with the staff's findings based on all the information provided, the record, the input from public comment, that approval of the conditional use authorization is not necessarily desirable for the community. And so I I do support the denial. And I also wanna recognize, however, that this is a very challenging location. There's a lot of circumstances outside your business that you know, inevitably also interact with it. And so anything that, can be done is is helpful to hear your interest in in working with the community and the organizations to try to improve conditions in the surrounding area. There's an obligation to maintain the sidewalk outside the business as well. And so I just hope that the business can continue and to be better. But I don't believe that authorizing tobacco paraphernalia is is appropriate. Thank you.

[Lydia So (President)]: Thank you. Commissioner Williams?

[Gilbert Williams (Commissioner)]: I want to concur with commissioner Braun's comments. I think I look at thank you for clarifying it. It's not going to hurt your business that much, because that was something I think is of concern. But I think this is an opportunity for you to, and your business, to actually connect with with some community, groups. Like you say, you you know, you wanna you wanna build your business out a little bit, maybe to try to understand what their needs are. And maybe you could provide that, and maybe that will actually supplement your your business from what you, you know. And so, I I would just, you know, highlight that that, you know, you've been there for a long time, and I'm sure everyone knows you, around the neighborhood. I'm sure you have a a great store and and good clients. So, again, I I think it's an opportunity right now. Like you said, you came here and you wanted to see what was going on so that you can open up a dialogue. And and I think that's very constructive, and so I commend you for that. And, and and hopefully, you guys can have some, constructive conversations. And if if everything works out, it might even enhance your business. So I I I, I just wanted to make that comment. Thank you. Thank you. Commissioner Imperial?

[Theresa Imperial (Commissioner)]: Thank you, Commissioners Braun and Williams. I also the staff recommendation of denial. Personally, I pass by this area in almost everyday basis because of my old office. And again, the mid market is an area of for commercial businesses. And the times that we are in right now are very challenging. And in the last five years, it's been really challenging walking in that area as well. And the fact that, you know, I when I go back when I go around that area as well, the fact that your building also is not transparent, have doesn't have a transparent window. It doesn't have have that easy access as well. It does give more of, you know I think the the staff recommendation elaborates more on that when it comes to the code. I just like with other commissioners mentioned, I would highly recommend to talk to the mid market, mid market, neighborhood association in there, and how they can supplement or help your business. It will be great if it turns to be a grocery store, but I think that's more of a community conversation knowing that there's also residents living upstairs in that building as well. So I hope there can be more open dialogue, and if the planning department could be an open to that as well, so that it can be a more thriving vibrant area. So yeah. Thank you.

[Lydia So (President)]: There is a very unique situation here we have. For sure, this area is much needed for focus on a lot of things, like the neighborhood safety, small businesses. And I was actually in that neighborhood walking around on Monday seeing a lot of we see the one of the very many field construction crane that is in our city. It's happening in the Tenderloin neighborhood. I saw a lot more college students walking around and going to school there. The community is vibrant, and I also hear that a lot of people are still really concerned about public safety. We support small businesses. We support local small businesses. We also are 100% supportive of our police enforcement that actually make sure that our street is safe for our children, for people like us and like you all. No one should be walking around the street anywhere in our city to feel unsafe. I hear a lot of different versions of someone talk to someone or someone try not try talk to someone, and it it's just hearsay, she say. Right? But, one thing I can be assured that I read the police report from acting captain Kevin Noble of the Tenderloin neighborhood station. There is some serious concern about the practice of this business of actually selling intoxicated drugs or alcohols and to people around the neighborhood. As a result of it, they're loiter in front of the store at night where there's no other business in that area that open at night. This is not an old report. This is a report filed in May. This is when when I read police report like that, I don't take it for granted. And I really wanna fully support our police enforcement to really keep our city safe, San Francisco safe, and then we need all the small businesses and residents to do their part. So, I'm supported with all my colleagues here to deny this conditional use of application, but I also highly encourage any small businesses, including yours, to really, really work with the community in our neighborhood. We cannot do it by ourself. Like, we need to uplift San Francisco to keep our public safety. When our public safety thrive, our community thrive, and your business thrive, it's all together. Please work together with the community. I I I echo my fellow commissioner, Imperial, maybe there's some other better needs that you can provide for the community to to continue to, maybe different products to to to to off to offer to the neighborhood. Again, once again, there's many more, very, what do you call it, post graduate, college students are coming into that neighborhood, and we're looking forward to really, make Tenderloin a great part of our city. Thank you. And, my fellow commissioner vice president Moore have something to say.

[Kathrin Moore (Vice President)]: I only support what everybody said. I think the gentleman, in front of us has the opportunity to really hear very clearly what resource are resources are existing for you. If you didn't know anything about a planning commission and what is required, this is the opening for you to learn and expand your knowledge and use all the tools because there are many positive tools available for you to become fully anchored in your community, have the support, have the police report about you be positive, and I think none none of us want you to not succeed, but please find a slightly different interpretation of how you do it. I am making a motion to deny.

[Lydia So (President)]: It's already a motion.

[Kathrin Moore (Vice President)]: There's a motion? Oh. No. No. There's

[Lydia So (President)]: no motion. I'm sorry. I'm

[Kathrin Moore (Vice President)]: making a motion to deny.

[Derek W. Braun (Commissioner)]: Second.

[Commission Secretary (Clerk)]: If there's no further deliberations, commissioner, there is a motion that has been second to deny on that motion, commissioner McGarry. Aye. Commissioner Williams. Aye. Commissioner Braun. Aye. Commissioner Imperial.

[Theresa Imperial (Commissioner)]: Aye. Commissioner

[Commission Secretary (Clerk)]: Moore. Aye. And commission president Soh.

[Lydia So (President)]: Aye.

[Commission Secretary (Clerk)]: So moved. Commissioners excuse me. That motion passes unanimously six to zero and concludes your very short hearing today.

[Lydia So (President)]: Nice. Thank you. Meeting adjourns.