# Board of Supervisors Minutes: November 3, 2015 - Meeting date: 2015-11-03 - Document type: minutes - Pages in official PDF: 28 - [Canonical HTML transcript](https://sfbos.info/documents/306/2015-11-03-minutes) - [Authoritative City PDF](https://sfgov.legistar.com/View.ashx?M=M&ID=442505&GUID=475E1C93-CE59-4AAA-8C9B-3B309D387A25) > This text was extracted for search and accessibility. The linked City PDF is the authoritative public record. ## Structured legislative records ### File 150790: Planning Code - Establishing a New Citywide Transportation Sustainability Fee - Pages: 9-10 - Vote 1: amendment - Action: omeless shelter exemptions from the Transportation Sustainability Fee; making conforming amendments to the Area Plan fees in Planning Code, Article 4; affirming the Planning Department’s determination under the California Environmental Quality Act, and making findings, including general findings, findings of public necessity, convenience and welfare, and findings of consistency with the General Plan, and the eight priority policies of Planning Code Section 101.1. Privilege of the floor was granted unanimously to John Rahaim, Director, and Lisa Chen (Planning Department), Jon Givner (Office of City Attorney), Ed Reiskin, Executive Director (Municipal Transportation Agency), and Tilly Chang, Executive Director (County Transportation Authority), who responded to questions raised throughout the discussion. Supervisor Cohen requested to be added as a co-sponsor. Supervisor Avalos, seconded by Supervisor Campos, moved that this Ordinance be AMENDED to increase the Transportation Sustainability Fee for non-residential uses between 800-99,999 gross square feet (gsf) from $0.50 to $18.54, and non-residential uses over 99,999 gsf from $4.00 to $23.04. The motion FAILED by the following vote: - Ayes: Avalos, Campos, Kim, Mar, Yee - Noes: Breed, Christensen, Cohen, Farrell, Tang, Wiener - Vote 2: amendment - Action: Supervisor Avalos, seconded by Supervisor Campos, moved that this Ordinance be AMENDED to require projects that were submitted between July 1, 2014, to July 21, 2015, to pay 75% of the Transportation Sustainability Fee. The motion FAILED by the following vote: - Ayes: Avalos, Campos, Kim, Mar - Noes: Breed, Christensen, Cohen, Farrell, Tang, Wiener, Yee - Vote 3: amendment - Action: Supervisor Avalos requested that this Ordinance be DUPLICATED. City and County of San Francisco Page 761 Printed at 11:48 am on 12/18/15 Board of Supervisors Meeting Minutes 11/3/2015 See Duplicated File No. 151121. Supervisor Avalos, seconded by Supervisor Campos, moved that this Ordinance be AMENDED to add 'Section 411A.9. Further Study of Economic Feasibility. The Board of Supervisors hereby requests that the Controller and the Planning Department study the feasibility of creating a variable impact fee structure based on the economic feasibility of projects in different areas of the City, and report back to the Board within six months of the effective date of this Ordinance.' The motion carried by the following vote: - Ayes: Avalos, Breed, Campos, Christensen, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee - Vote 4: amendment - Action: Supervisor Cohen, seconded by Supervisor Campos, moved that this Ordinance be AMENDED on Page 3, Lines 12-19, by adding 'While the Nexus Study found that all new land uses in San Francisco will generate this increased demand for transportation, the Board finds that it is in the public interest to exempt some uses from payment of the fee, in order to promote other important City policies and priorities, such as affordable housing, small businesses and charitable organizations. The Board finds that Hospital and Medical Service projects, however, are generally of such scope and size that they create a substantial demand for transportation infrastructure and services, and therefore, they should contribute to the TSF to meet this demand.' The motion carried by the following vote: - Ayes: Avalos, Breed, Campos, Christensen, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee - Vote 5: first-reading - Action: PASSED ON FIRST READING AS AMENDED by the following vote: - Ayes: Avalos, Breed, Campos, Christensen, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee ### File 151121: Planning Code - Establishing a New Citywide Transportation Sustainability Fee - Pages: 10-11 - Vote 1: amendment - Action: ing Section 406 to clarify affordable housing and homeless shelter exemptions from the Transportation Sustainability Fee; making conforming amendments to the Area Plan fees in Planning Code, Article 4; affirming the Planning Department’s determination under the California Environmental Quality Act, and making findings, including general findings, findings of public necessity, convenience and welfare, and findings of consistency with the General Plan, and the eight priority policies of Planning Code Section 101.1. Privilege of the floor was granted unanimously to John Rahaim, Director, and Lisa Chen (Planning Department), Jon Givner (Office of City Attorney), Ed Reiskin, Executive Director (Municipal Transportation Agency), and Tilly Chang, Executive Director (County Transportation Authority), who responded to questions raised throughout the discussion. Supervisor Cohen requested to be added as a co-sponsor. Duplicated from File No. 150790. Supervisor Avalos, seconded by Supervisor Campos, moved that this Ordinance be AMENDED to require non-residential projects submitted after July 21, 2015, to pay the full Transportation Sustainability Fee. The motion carried by the following vote: - Ayes: Avalos, Breed, Campos, Christensen, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee - Vote 2: amendment - Action: Supervisor Cohen, seconded by Supervisor Campos, moved that this Ordinance be AMENDED to revise the Transportation Sustainability Fee for hospitals to be calculated based on net new beds, and additional conforming changes regarding hospital uses. The motion carried by the following vote: - Ayes: Avalos, Breed, Campos, Christensen, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee - Vote 3: amendment - Action: d at 11:48 am on 12/18/15 Board of Supervisors Meeting Minutes 11/3/2015 Ordinance amending the Planning Code by establishing a new citywide Transportation Sustainability Fee and suspending application of the existing Transit Impact Development Fee, with some exceptions, as long as the Transportation Sustainability Fee remains operative; applying the Transportation Sustainability Fee to Hospitals and Medical Services; amending Section 401 to add definitions reflecting these changes; amending Section 406 to clarify affordable housing and homeless shelter exemptions from the Transportation Sustainability Fee; making conforming amendments to the Area Plan fees in Planning Code, Article 4; affirming the Planning Department’s determination under the California Environmental Quality Act, and making findings, including general findings, findings of public necessity, convenience and welfare, and findings of consistency with the General Plan, and the eight priority policies of Planning Code Section 101.1. Supervisor Avalos, seconded by Supervisor Cohen, moved that this Ordinance be RE-REFERRED AS AMENDED to the Land Use and Transportation Committee. The motion carried by the following vote: - Ayes: Avalos, Breed, Campos, Christensen, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee ### File 150866: Planning Code - Landmark Designation - 350 University Street (aka University Mound Old Ladies’ Home) - Pages: 11 - Vote 1: first-reading - Action: 150866 [Planning Code - Landmark Designation - 350 University Street (aka University Mound Old Ladies’ Home)] Sponsor: Campos Ordinance designating 350 University Street (aka University Mound Old Ladies’ Home), Assessor’s Block No. 5992, Lot No. 001, as a Landmark under Planning Code, Article 10; and making environmental findings, public necessity, convenience, and welfare findings, and findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. PASSED, ON FIRST READING by the following vote: - Ayes: Avalos, Breed, Campos, Christensen, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee ### File 150873: Transportation Code - Subway Master Plan - Pages: 11 - Vote 1: first-reading - Action: 150873 [Transportation Code - Subway Master Plan] Sponsors: Wiener; Christensen, Farrell, Breed, Tang, Yee, Mar and Cohen Ordinance amending the Transportation Code to declare as City policy that the City develop a Subway Master Plan within 12 months, and to update that Master Plan every four years; and affirming the Planning Department's determination under the California Environmental Quality Act. Supervisors Farrell, Breed, Tang, Yee, Mar, and Cohen requested to be added as co-sponsors. PASSED, ON FIRST READING by the following vote: - Ayes: Avalos, Breed, Campos, Christensen, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee ## Extracted text ### [Page 10](https://sfbos.info/documents/306/2015-11-03-minutes#page-10) Board of Supervisors Meeting Minutes 11/3/2015 See Duplicated File No. 151121. Supervisor Avalos, seconded by Supervisor Campos, moved that this Ordinance be AMENDED to add 'Section 411A.9. Further Study of Economic Feasibility. The Board of Supervisors hereby requests that the Controller and the Planning Department study the feasibility of creating a variable impact fee structure based on the economic feasibility of projects in different areas of the City, and report back to the Board within six months of the effective date of this Ordinance.' The motion carried by the following vote: Ayes: 11 - Avalos, Breed, Campos, Christensen, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee Supervisor Cohen, seconded by Supervisor Campos, moved that this Ordinance be AMENDED on Page 3, Lines 12-19, by adding 'While the Nexus Study found that all new land uses in San Francisco will generate this increased demand for transportation, the Board finds that it is in the public interest to exempt some uses from payment of the fee, in order to promote other important City policies and priorities, such as affordable housing, small businesses and charitable organizations. The Board finds that Hospital and Medical Service projects, however, are generally of such scope and size that they create a substantial demand for transportation infrastructure and services, and therefore, they should contribute to the TSF to meet this demand.' The motion carried by the following vote: Ayes: 11 - Avalos, Breed, Campos, Christensen, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee PASSED ON FIRST READING AS AMENDED by the following vote: Ayes: 11 - Avalos, Breed, Campos, Christensen, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee 151121 [Planning Code - Establishing a New Citywide Transportation Sustainability Fee] Sponsors: Mayor; Wiener, Breed, Christensen and Cohen Ordinance amending the Planning Code by establishing a new citywide Transportation Sustainability Fee and suspending application of the existing Transit Impact Development Fee, with some exceptions, as long as the Transportation Sustainability Fee remains operative; amending Section 401 to add definitions reflecting these changes; amending Section 406 to clarify affordable housing and homeless shelter exemptions from the Transportation Sustainability Fee; making conforming amendments to the Area Plan fees in Planning Code, Article 4; affirming the Planning Department’s determination under the California Environmental Quality Act, and making findings, including general findings, findings of public necessity, convenience and welfare, and findings of consistency with the General Plan, and the eight priority policies of Planning Code Section 101.1. Privilege of the floor was granted unanimously to John Rahaim, Director, and Lisa Chen (Planning Department), Jon Givner (Office of City Attorney), Ed Reiskin, Executive Director (Municipal Transportation Agency), and Tilly Chang, Executive Director (County Transportation Authority), who responded to questions raised throughout the discussion. Supervisor Cohen requested to be added as a co-sponsor. Duplicated from File No. 150790. Supervisor Avalos, seconded by Supervisor Campos, moved that this Ordinance be AMENDED to require non-residential projects submitted after July 21, 2015, to pay the full Transportation Sustainability Fee. The motion carried by the following vote: Ayes: 11 - Avalos, Breed, Campos, Christensen, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee Supervisor Cohen, seconded by Supervisor Campos, moved that this Ordinance be AMENDED to revise the Transportation Sustainability Fee for hospitals to be calculated based on net new beds, and additional conforming changes regarding hospital uses. The motion carried by the following vote: Ayes: 11 - Avalos, Breed, Campos, Christensen, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee City and County of San Francisco Page 762 Printed at 11:48 am on 12/18/15 ### [Page 11](https://sfbos.info/documents/306/2015-11-03-minutes#page-11) Board of Supervisors Meeting Minutes 11/3/2015 Ordinance amending the Planning Code by establishing a new citywide Transportation Sustainability Fee and suspending application of the existing Transit Impact Development Fee, with some exceptions, as long as the Transportation Sustainability Fee remains operative; applying the Transportation Sustainability Fee to Hospitals and Medical Services; amending Section 401 to add definitions reflecting these changes; amending Section 406 to clarify affordable housing and homeless shelter exemptions from the Transportation Sustainability Fee; making conforming amendments to the Area Plan fees in Planning Code, Article 4; affirming the Planning Department’s determination under the California Environmental Quality Act, and making findings, including general findings, findings of public necessity, convenience and welfare, and findings of consistency with the General Plan, and the eight priority policies of Planning Code Section 101.1. Supervisor Avalos, seconded by Supervisor Cohen, moved that this Ordinance be RE-REFERRED AS AMENDED to the Land Use and Transportation Committee. The motion carried by the following vote: Ayes: 11 - Avalos, Breed, Campos, Christensen, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee 150866 [Planning Code - Landmark Designation - 350 University Street (aka University Mound Old Ladies’ Home)] Sponsor: Campos Ordinance designating 350 University Street (aka University Mound Old Ladies’ Home), Assessor’s Block No. 5992, Lot No. 001, as a Landmark under Planning Code, Article 10; and making environmental findings, public necessity, convenience, and welfare findings, and findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. PASSED, ON FIRST READING by the following vote: Ayes: 11 - Avalos, Breed, Campos, Christensen, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee 150873 [Transportation Code - Subway Master Plan] Sponsors: Wiener; Christensen, Farrell, Breed, Tang, Yee, Mar and Cohen Ordinance amending the Transportation Code to declare as City policy that the City develop a Subway Master Plan within 12 months, and to update that Master Plan every four years; and affirming the Planning Department's determination under the California Environmental Quality Act. Supervisors Farrell, Breed, Tang, Yee, Mar, and Cohen requested to be added as co-sponsors. PASSED, ON FIRST READING by the following vote: Ayes: 11 - Avalos, Breed, Campos, Christensen, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee SPECIAL ORDER 2:30 P.M. - Recognition of Commendations There were no commendations. City and County of San Francisco Page 763 Printed at 11:48 am on 12/18/15