Board of Supervisors Minutes: November 4, 2014

141002 [Police Code - Access to Reproductive Health Care Facilities] Sponsors: Campos; Wiener, Mar, Yee, Kim, Avalos and Cohen Ordinance amending the Police Code to repeal the prohibition on entering or remaining within a 25 foot buffer zone of a reproductive health care facility; to prohibit individuals from following or harassing others within 25 feet of the entrance to such a facility; to prohibit impeding access to the door of such a facility; and to prohibit excessive noise through yelling or amplification of sound within 50 feet of such a facility. Ordinance No. 230-14 FINALLY PASSED by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

141000 [Appropriation - Support for HIV Prevention - Department of Public Health - $301,600 - FY2014-2015] Sponsors: Campos; Mar, Kim, Avalos and Wiener Ordinance appropriating $301,600 from the General Fund Reserve to the Department of Public Health in FY 2014-2015, for HIV prevention support for access to PreExposure Prophylaxis medication to assist in the prevention of HIV infection transmission. (Fiscal Impact) Ordinance No. 229-14 FINALLY PASSED by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Wiener, Yee

Noes: Tang

120796 [Planning Code, Zoning Map - Establishing the Divisadero Street Neighborhood Commercial District and Deleting the Divisadero Street Restricted Use District] Sponsor: Breed Ordinance amending the Planning Code to establish the Divisadero Street Neighborhood Commercial District (NCD) along Divisadero Street between Haight and O'Farrell Streets, deleting the Divisadero Street Alcohol Restricted Use District (RUD), amending various other Code sections to make conforming and other technical changes, amending the Zoning Map to add the Divisadero Street NCD and deleting the Divisadero Street RUD, affirming the Planning Department’s California Environmental Quality Act determination; and making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. Ordinance No. 227-14 FINALLY PASSED by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

120814 [Planning Code, Zoning Map - Establishing the Fillmore Street Neighborhood Commercial District] Sponsor: Breed Ordinance amending the Planning Code to establish the Fillmore Street Neighborhood Commercial District (NCD) along Fillmore Street between Bush and McAllister Streets; amending various other Code sections to make conforming and other technical changes; amending the Zoning Map to add the Fillmore Street NCD; affirming the Planning Department’s California Environmental Quality Act determination; and making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. Ordinance No. 228-14 FINALLY PASSED by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

141023 [Development Agreement - 181 Fremont Street, LLC - 181 Fremont Street - Transbay Redevelopment Project Area] Sponsors: Mayor; Kim Ordinance approving a Development Agreement between the City and County of San Francisco and 181 Fremont Street, LLC, for certain real property, known as 181 Fremont Street, located in the Transbay Redevelopment Project Area, consisting of two parcels located on the east side of Fremont Street, between Mission and Howard Streets; making findings of conformity with the General Plan, and the eight priority policies of Planning Code, Section 101.1(b); and waiving certain provisions of Administrative Code, Chapter 56, and Planning Code, Section 249.28. Ordinance No. 231-14 FINALLY PASSED by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

140932 [Accept and Expend Grant - California Department of Parks and Recreation's Habitat Conservation Fund - Youth Stewardship Program - $200,000] Sponsor: Chiu Resolution authorizing the Recreation and Park Department to accept and expend a grant of $200,000 from the California Department of Parks and Recreation’s Habitat Conservation Fund to support the Youth Stewardship Program. Resolution No. 410-14 ADOPTED by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

141004 [Accept and Expend Grant - Juvenile Justice Accountability Block Grant - $75,889] Sponsor: Campos Resolution retroactively authorizing the Public Defender’s Office to accept and expend a grant in the amount of $75,889 from the Board of State and Community Corrections for the purposes of implementing local juvenile justice accountability measures through the Juvenile Accountability Block Grant, for the term of July 1, 2014, through June 30, 2015. Resolution No. 411-14 ADOPTED by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

141041 [Fisherman's Wharf, and Fisherman's Wharf Portside Community Benefit Districts - Annual Reports to the City - FYs 2009-2013] Sponsor: Chiu Resolution receiving and approving annual reports for the Fisherman's Wharf Community Benefit District and Fisherman's Wharf Portside Community Benefit District for FYs 2009-2013, submitted as required by the Property and Business Improvement District Law of 1994, Section 36650 (California Streets and Highways Code, Sections 36600, et seq.), and the Districts' management contracts with the City. Resolution No. 412-14 ADOPTED by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

e Broadway and North Beach Neighborhood Commercial Districts (NCDs), and the Washington-Broadway Special Use District (SUD); make maximum residential parking permitted in Downtown Commercial and RC Districts consistent with Neighborhood Commercial Transit (NCT) Districts; make maximum non-residential parking in RC Districts, Chinatown Mixed Use Districts, and Broadway and North Beach NCDs consistent with NCT Districts; make surface parking lots a non-conforming use in Downtown Commercial Districts; modify conformity requirements in various use districts; modify streetscape requirements, public open space requirements, floor-area ratio calculations, and transportation management requirements for various uses in certain districts; permit certain exceptions from exposure and open space requirements for historic buildings; remove references to deleted sections of the Code; amend Zoning Map Sheet SU01 to consolidate the two Washington-Broadway SUDs and revise the boundaries; and making environmental findings, Section 302, findings, and findings of consistency with the General Plan, and the priority policies of Planning Code, Section 101.1. PASSED, ON FIRST READING by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

rocery stores, to require an economic impact study and establish new fees for said study; require 30 days’ public notice for conditional use hearings on proposed Formula Retail uses; amend Neighborhood Commercial Districts that required Conditional Use for Financial and Limited Financial Services to principally permit Financial and Limited Financial Services except in the Castro Street Neighborhood Commercial District, Upper Market Neighborhood Commercial Transit District, and 24th Street - Noe Valley Neighborhood Commercial District; delete the Conditional Use requirement for Walk-Up Facilities that are not set back 3 feet; and correct various Code provisions to ensure accuracy of cross-references; and adopting findings, including environmental findings, Planning Code, Section 302 findings, and findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. Supervisor Wiener, seconded by Supervisor Mar, moved that this Ordinance be AMENDED on Page 80, Line 18, by adding ‘complete’ before ‘application’, deleting ‘for a proposed Formula Retail use’, and changing ‘City’ to ‘Planning Department’. The motion carried by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

PASSED ON FIRST READING AS AMENDED by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

140970 [Administrative Code - Calculating Interest on Residential Rental Security Deposits] Ordinance amending the Administrative Code to provide a new method for calculating the interest on residential rental security deposits beginning March 1, 2015. (Rent Stabilization and Arbitration Board) PASSED, ON FIRST READING by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

140980 [Summary Street Vacation - Portion of Raccoon Drive] Sponsor: Wiener Ordinance ordering the summary street vacation of a portion of Raccoon Drive, between Twin Peaks Boulevard and Saint Germain Avenue; approving a quitclaim of the City’s interest in the vacation area; approving a public access easement over a portion of the vacation area; affirming the Planning Department’s determination under the California Environmental Quality Act; adopting findings that the actions contemplated in this legislation are consistent with the General Plan, and the eight priority policies of Planning Code, Section 101.1; and authorizing official acts in connection with this Ordinance. PASSED, ON FIRST READING by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

141046 [Public Hearing - Appeal of Conditional Use Authorization - 395-26th Avenue] Hearing of persons interested in or objecting to the Planning Commission's decision of September 4, 2014, Motion No. 19229, relating to approval of a Conditional Use Authorization (Case No. 2013.0205CEKSV), to demolish two residential units on a property within the Outer Clement Street Neighborhood Commercial District (NCD), located at 395-26th Avenue, Assessor’s Block No. 1407, Lot No. 017. (District 1) (Appellant: Stephen M. Williams) (Filed October 6, 2014). (Clerk of the Board) The President inquired as to whether any member of the public wished to address the Board relating to a proposed continuance by the appellant and project sponsor. Nina Frankel, and John Hadden; spoke in support of the appeal. There were no other speakers. Supervisor Mar, seconded by Supervisor Campos, moved that this Hearing be CONTINUED OPEN to November 25, 2014, at 3:00 p.m. The motion carried by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

141047 [Approving the Conditional Use Authorization Decision - 395-26th Avenue] Motion approving the decision of the Planning Commission by its Motion No. 19229, approving Conditional Use Authorization identified as Planning Case No. 2013.0205CEKSV on property located at 395-26th Avenue, and adopting findings pursuant to Planning Code Section 101.1. (Clerk of the Board) Supervisor Mar, seconded by Supervisor Campos, moved that this Motion be CONTINUED to November 25, 2014, at 3:00 p.m. The motion carried by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

141048 [Disapproving the Conditional Use Authorization Decision - 395-26th Avenue] Motion disapproving the decision of the Planning Commission by its Motion No. 19229, approving a Conditional Use Authorization identified as Planning Case No. 2013.0205CEKSV on property located at 395-26th Avenue, and adopting findings pursuant to Planning Code, Section 101.1. (Clerk of the Board) Supervisor Mar, seconded by Supervisor Campos, moved that this Motion be CONTINUED to November 25, 2014, at 3:00 p.m. The motion carried by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

141049 [Preparation of Findings Related to the Conditional Use Authorization - 395-26th Avenue] Motion directing the Clerk of the Board to prepare findings relating to the proposed Conditional Use Authorization identified as Planning Case No. 2013.0205CEKSV on property located at 395-26th Avenue. (Clerk of the Board) Supervisor Mar, seconded by Supervisor Campos, moved that this Motion be CONTINUED to November 25, 2014, at 3:00 p.m. The motion carried by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

objecting to the Planning Commission's decision of September 11, 2014, Motion No. 19232, relating to approval of a Conditional Use Authorization (Case No. 2013.1375EC), to allow the construction of three new dwelling units (for a lot total of four units) with three off-street parking spaces within the RH-3 (Residential House, Three-Family) Zoning District, Telegraph Hill - North Beach Residential Special Use District and a 40-X Height and Bulk District located at 115 Telegraph Hill Boulevard, Assessor's Block No. 0105, Lot No. 065. (District 3) (Appellant: Vedica Puri, on behalf of Telegraph Hill Dwellers) (Filed October 14, 2014). (Clerk of the Board) The President inquired as to whether any member of the public wished to address the Board relating to a proposed continuance pursuant to Planning Code, Section 31.16(b)(3), which requires that a California Environmental Quality Act (CEQA) appeal decision (see Board File Nos. 141059-141062) be affirmed by the Board prior to any project approvals. There were no speakers. Supervisor Mar, seconded by Supervisor Farrell, moved that this Hearing be CONTINUED OPEN to November 18, 2014, at 3:00 p.m. The motion carried by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

141065 [Approving the Conditional Use Authorization Decision - 115 Telegraph Hill Boulevard] Motion approving the decision of the Planning Commission by its Motion No. 19232, approving a Conditional Use Authorization identified as Planning Case No. 2013.1375EC on property located at 115 Telegraph Hill Boulevard, and adopting findings pursuant to Planning Code, Section 101.1. (Clerk of the Board) Supervisor Mar, seconded by Supervisor Farrell, moved that this Motion be CONTINUED to November 18, 2014, at 3:00 p.m. The motion carried by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

141066 [Disapproving the Planning Commission's Conditional Use Authorization Decision - Approving a Conditional Use Authorization - 115 Telegraph Hill Boulevard] Motion disapproving the decision of the Planning Commission by its Motion No. 19232, approving a Conditional Use Authorization identified as Planning Case No. 2013.1375EC on property located at 115 Telegraph Hill Boulevard, and adopting findings pursuant to Planning Code, Section 101.1. (Clerk of the Board) Supervisor Mar, seconded by Supervisor Farrell, moved that this Motion be CONTINUED to November 18, 2014, at 3:00 p.m. The motion carried by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

141067 [Preparation of Findings Related to the Conditional Use Authorization - 115 Telegraph Hill Boulevard] Motion directing the Clerk of the Board to prepare findings relating to the proposed Conditional Use Authorization identified as Planning Case No. 2013.1375EC on property located at 115 Telegraph Hill Boulevard. (Clerk of the Board) Supervisor Mar, seconded by Supervisor Farrell, moved that this Motion be CONTINUED to November 18, 2014, at 3:00 p.m. The motion carried by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

141069 [Approving the Conditional Use Authorization Decision - 431 Balboa Street] Motion approving the decision of the Planning Commission by its Motion No. 19237, approving a Conditional Use Authorization identified as Planning Case No. 2012.0059C on property located at 431 Balboa Street, and adopting findings pursuant to Planning Code, Section 101.1. (Clerk of the Board) Privilege of the floor was granted to Jon Givner (Office of the City Attorney) who responded to questions raised throughout the discussion. Supervisor Mar, seconded by Supervisor Kim, moved that this Motion be TABLED. The motion FAILED by the following vote:

Ayes: Campos, Chiu, Kim, Mar, Yee

Noes: Avalos, Breed, Cohen, Farrell, Tang, Wiener

Motion No. M14-186 Supervisor Farrell, seconded by Supervisor Breed, moved that this Motion be APPROVED. The motion carried by the following vote:

Ayes: Avalos, Breed, Cohen, Farrell, Tang, Wiener

Noes: Campos, Chiu, Kim, Mar, Yee

141070 [Disapproving the Conditional Use Authorization Decision - 431 Balboa Street] Motion disapproving the decision of the Planning Commission by its Motion No. 19237, approving a Conditional Use Authorization identified as Planning Case No. 2012.0059C on property located at 431 Balboa Street, and adopting findings pursuant to Planning Code, Section 101.1. (Clerk of the Board) Privilege of the floor was granted to Jon Givner (Office of the City Attorney) who responded to questions raised throughout the discussion. Supervisor Mar, seconded by Supervisor Kim, moved that this Motion be APPROVED. The motion FAILED by the following vote:

Ayes: Campos, Chiu, Kim, Mar, Yee

Noes: Avalos, Breed, Cohen, Farrell, Tang, Wiener

Supervisor Farrell, seconded by Supervisor Breed, moved that this Motion be TABLED. The motion carried by the following vote:

Ayes: Avalos, Breed, Cohen, Farrell, Tang, Wiener

Noes: Campos, Chiu, Kim, Mar, Yee

141071 [Preparation of Findings Related to the Conditional Use Authorization - 431 Balboa Street] Motion directing the Clerk of the Board to prepare findings relating to the proposed Conditional Use Authorization identified as Planning Case No. 2012.0059C on property located at 431 Balboa Street. (Clerk of the Board) Privilege of the floor was granted to Jon Givner (Office of the City Attorney) who responded to questions raised throughout the discussion. Supervisor Mar, seconded by Supervisor Kim, moved that this Motion be APPROVED. The motion FAILED by the following vote:

Ayes: Campos, Chiu, Kim, Mar, Yee

Noes: Avalos, Breed, Cohen, Farrell, Tang, Wiener

Supervisor Farrell, seconded by Supervisor Breed, moved that this Motion be TABLED. The motion carried by the following vote:

Ayes: Avalos, Breed, Cohen, Farrell, Tang, Wiener

Noes: Campos, Chiu, Kim, Mar, Yee

141127 [#LOVELOCALSF Day - November 5, 2014] Sponsor: Chiu Resolution declaring November 5, 2014, as #LOVELOCALSF day in the City and County of San Francisco. Resolution No. 414-14 ADOPTED by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

141108 [Condemning Anti-Arab and Anti-Muslim Bus Advertisements] Sponsors: Chiu; Mar Resolution standing with Muslim and Arab communities in the face of anti-Arab and anti-Muslim bus advertisements. Resolution No. 413-14 ADOPTED by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee