# Board of Supervisors Minutes: November 17, 2015 - Meeting date: 2015-11-17 - Document type: minutes - Pages in official PDF: 29 - [Canonical HTML transcript](https://sfbos.info/documents/308/2015-11-17-minutes) - [Authoritative City PDF](https://sfgov.legistar.com/View.ashx?M=M&ID=444247&GUID=395627F8-AD8A-4248-9A89-93313248C918) > This text was extracted for search and accessibility. The linked City PDF is the authoritative public record. ## Structured legislative records ### File 151172: Preparation of Findings to Reverse Office Allocation Approvals - 5M Project - Pages: 13-14 - Vote 1: tabling - Action: 151172 [Preparation of Findings to Reverse Office Allocation Approvals - 5M Project] Motion directing the Clerk of the Board to prepare findings relating to reversing office allocation approvals for property located at 925 Mission Street and nearby parcels, also known as the 5M Project, in Planning Case No. 2011.0409ENV/CUA/DVA/OFA/MAP/PCA/SHD. (Clerk of the Board) Supervisor Kim, seconded by Supervisor Yee, moved that this Motion be TABLED. The motion carried by the following vote: - Ayes: Breed, Christensen, Cohen, Farrell, Kim, Tang, Wiener, Yee - Noes: Avalos, Campos, Mar ### File 150932: General Plan - Fifth and Mission Special Use District - Pages: 14 - Vote 1: first-reading - Action: th and Mission Special Use District and Sectional Map HT001; amending Figures 2, 3, and 4 of the Downtown Plan to refer to the Fifth and Mission Special Use District, Planning Code, Section 249.74; amending Maps 4 and 5 of the Urban Design Element to refer to the Fifth and Mission Special Use District; amending Maps 2, 3, 5, and 7 of the South of Market Area Plan to remove Lot Nos. 005, 006, 008, 009, 012, and 098 in Assessor’s Block No. 3725 from the boundaries of the South of Market Area Plan; and adopting findings, including environmental findings, Section 340 findings, and findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Planning Commission) (Pursuant to Charter, Section 4.105, and Planning Code, Section 340(d), if the Board of Supervisors fails to finally act on a General Plan Amendment within 90 days of receipt from the Planning Commission, the Amendment shall be deemed approved. Transmittal Date: September 18, 2015.) Privilege of the floor was granted unanimously to Jon Givner (Office of the City Attorney) who responded to questions raised throughout the discussion. PASSED ON FIRST READING by the following vote: - Ayes: Breed, Christensen, Cohen, Farrell, Kim, Tang, Wiener, Yee - Noes: Avalos, Campos, Mar ### File 150787: Planning Code, Zoning Map - Fifth and Mission Special Use District - Pages: 14-15 - Vote 1: amendment - Action: 150787 [Planning Code, Zoning Map - Fifth and Mission Special Use District] Sponsor: Mayor Ordinance amending the Planning Code to add Section 249.74 to create the Fifth and Mission Special Use District; amending Zoning Sectional Maps ZN001, SU001, and HT001 to reflect the Fifth and Mission Special Use District; and making environmental findings, including a statement of overriding considerations, findings of consistency with the General Plan, the eight priority policies of Planning Code, Section 101.1, and findings pursuant to Planning Code, Section 302. (Economic Impact) Privilege of the floor was granted unanimously to Jon Givner (Office of the City Attorney) who responded to questions raised throughout the discussion. Supervisor Yee, seconded by Supervisor Cohen, moved that this Ordinance be AMENDED on Page 11, Line 16, by adding 'Any open space used to satisfy child care licensing or other requirements may be used in calculating residential and non-residential open space requirements within the District.' at the end of Section 249.74(d)(7)(A). The motion carried by the following vote: - Ayes: Avalos, Breed, Campos, Christensen, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee - Vote 2: first-reading - Action: (Economic Impact) PASSED ON FIRST READING AS AMENDED by the following vote: - Ayes: Breed, Christensen, Cohen, Farrell, Kim, Tang, Wiener, Yee - Noes: Avalos, Campos, Mar ### File 150788: Development Agreement - 5M Project, LLC - Fifth and Mission Project - Pages: 15-16 - Vote 1: amendment - Action: pproximately 4-acre site located at Fifth Street between Mission and Howard Streets, with various public benefits including a minimum percentage of affordable housing; making findings under the California Environmental Quality Act, findings of conformity with the General Plan, and with the eight priority policies of Planning Code, Section 101.1(b); approving the use of Impact Fees and Exactions for affordable housing and other community benefits, as set forth in the Development Agreement, and waiving any conflicting provision in Planning Code, Article 4, or Administrative Code, Article 10; authorizing the acquisition of real property at 967 Mission Street for affordable housing; and confirming compliance with or waiving certain provisions of Administrative Code, Chapters 14B and 56, and ratifying certain actions taken in connection therewith. (Economic Impact) Privilege of the floor was granted unanimously to Jon Givner (Office of the City Attorney) who responded to questions raised throughout the discussion. Supervisor Yee, seconded by Supervisor Cohen, moved to amend the Development Agreement by adding a new 'Section 7.9. Child Care Use.' The motion carried by the following vote: - Ayes: Avalos, Breed, Campos, Christensen, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee - Vote 2: amendment - Action: Supervisor Kim, seconded by Supervisor Yee, moved to amend the Development Agreement by: 1) increasing the Filipino Cultural Heritage District funding from $300,000 to $800,000; 2) directing specified youth development funds to the Mayor’s Office of Housing and Community Development for the SOMA Community Stabilization Fund; 3) directing specified workforce funds to the Mayor’s Office of Housing and Community Development for the SOMA Community Stabilization Fund; 4) adding a supplemental community benefits fee; and 5) adding language to Exhibit B regarding construction of Mary Court West with the construction of the first building. The motion carried by the following vote: - Ayes: Avalos, Breed, Campos, Christensen, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee - Vote 3: first-reading - Action: PASSED ON FIRST READING by the following vote: - Ayes: Breed, Christensen, Cohen, Farrell, Kim, Tang, Wiener, Yee - Noes: Avalos, Campos, Mar ## Extracted text ### [Page 14](https://sfbos.info/documents/308/2015-11-17-minutes#page-14) Board of Supervisors Meeting Minutes 11/17/2015 Referred Without Recommendation from the Land Use and Transportation Committee 150932 [General Plan - Fifth and Mission Special Use District] Ordinance amending the General Plan of the City and County of San Francisco by amending Map 1 of the Downtown Plan to reclassify Lot Nos. 005, 006, 008, 009, 012, and 098 in Assessor’s Block No. 3725 as C-3-S (Downtown Support); amending Map 5 of the Downtown Plan to reclassify the height and bulk limits in accordance with the Fifth and Mission Special Use District and Sectional Map HT001; amending Figures 2, 3, and 4 of the Downtown Plan to refer to the Fifth and Mission Special Use District, Planning Code, Section 249.74; amending Maps 4 and 5 of the Urban Design Element to refer to the Fifth and Mission Special Use District; amending Maps 2, 3, 5, and 7 of the South of Market Area Plan to remove Lot Nos. 005, 006, 008, 009, 012, and 098 in Assessor’s Block No. 3725 from the boundaries of the South of Market Area Plan; and adopting findings, including environmental findings, Section 340 findings, and findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Planning Commission) (Pursuant to Charter, Section 4.105, and Planning Code, Section 340(d), if the Board of Supervisors fails to finally act on a General Plan Amendment within 90 days of receipt from the Planning Commission, the Amendment shall be deemed approved. Transmittal Date: September 18, 2015.) Privilege of the floor was granted unanimously to Jon Givner (Office of the City Attorney) who responded to questions raised throughout the discussion. PASSED ON FIRST READING by the following vote: Ayes: 8 - Breed, Christensen, Cohen, Farrell, Kim, Tang, Wiener, Yee Noes: 3 - Avalos, Campos, Mar 150787 [Planning Code, Zoning Map - Fifth and Mission Special Use District] Sponsor: Mayor Ordinance amending the Planning Code to add Section 249.74 to create the Fifth and Mission Special Use District; amending Zoning Sectional Maps ZN001, SU001, and HT001 to reflect the Fifth and Mission Special Use District; and making environmental findings, including a statement of overriding considerations, findings of consistency with the General Plan, the eight priority policies of Planning Code, Section 101.1, and findings pursuant to Planning Code, Section 302. (Economic Impact) Privilege of the floor was granted unanimously to Jon Givner (Office of the City Attorney) who responded to questions raised throughout the discussion. Supervisor Yee, seconded by Supervisor Cohen, moved that this Ordinance be AMENDED on Page 11, Line 16, by adding 'Any open space used to satisfy child care licensing or other requirements may be used in calculating residential and non-residential open space requirements within the District.' at the end of Section 249.74(d)(7)(A). The motion carried by the following vote: Ayes: 11 - Avalos, Breed, Campos, Christensen, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee (Economic Impact) PASSED ON FIRST READING AS AMENDED by the following vote: Ayes: 8 - Breed, Christensen, Cohen, Farrell, Kim, Tang, Wiener, Yee Noes: 3 - Avalos, Campos, Mar City and County of San Francisco Page 792 Printed at 1:20 pm on 1/15/16 ### [Page 15](https://sfbos.info/documents/308/2015-11-17-minutes#page-15) Board of Supervisors Meeting Minutes 11/17/2015 150788 [Development Agreement - 5M Project, LLC - Fifth and Mission Project] Sponsor: Mayor Ordinance approving a Development Agreement between the City and County of San Francisco and 5M Project, LLC, a Delaware limited liability company, for the Fifth and Mission Project at the approximately 4-acre site located at Fifth Street between Mission and Howard Streets, with various public benefits including a minimum percentage of affordable housing; making findings under the California Environmental Quality Act, findings of conformity with the General Plan, and with the eight priority policies of Planning Code, Section 101.1(b); approving the use of Impact Fees and Exactions for affordable housing and other community benefits, as set forth in the Development Agreement, and waiving any conflicting provision in Planning Code, Article 4, or Administrative Code, Article 10; authorizing the acquisition of real property at 967 Mission Street for affordable housing; and confirming compliance with or waiving certain provisions of Administrative Code, Chapters 14B and 56, and ratifying certain actions taken in connection therewith. (Economic Impact) Privilege of the floor was granted unanimously to Jon Givner (Office of the City Attorney) who responded to questions raised throughout the discussion. Supervisor Yee, seconded by Supervisor Cohen, moved to amend the Development Agreement by adding a new 'Section 7.9. Child Care Use.' The motion carried by the following vote: Ayes: 11 - Avalos, Breed, Campos, Christensen, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee Supervisor Kim, seconded by Supervisor Yee, moved to amend the Development Agreement by: 1) increasing the Filipino Cultural Heritage District funding from $300,000 to $800,000; 2) directing specified youth development funds to the Mayor’s Office of Housing and Community Development for the SOMA Community Stabilization Fund; 3) directing specified workforce funds to the Mayor’s Office of Housing and Community Development for the SOMA Community Stabilization Fund; 4) adding a supplemental community benefits fee; and 5) adding language to Exhibit B regarding construction of Mary Court West with the construction of the first building. The motion carried by the following vote: Ayes: 11 - Avalos, Breed, Campos, Christensen, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee PASSED ON FIRST READING by the following vote: Ayes: 8 - Breed, Christensen, Cohen, Farrell, Kim, Tang, Wiener, Yee Noes: 3 - Avalos, Campos, Mar President Breed recessed the meeting at 10:47 p.m. and reconvened the meeting at 10:56 p.m. Upon reconvening, all members were noted present. City and County of San Francisco Page 793 Printed at 1:20 pm on 1/15/16