# 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 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 ### File 151015: Public Hearing - Appeal of Final Environmental Impact Report Certification - 75 Howard Street - Pages: 16 ### File 151016: Affirming Final Environmental Impact Report Certification - 75 Howard Street Project - Pages: 16 - Vote 1: approval, likely final - Action: 151016 [Affirming Final Environmental Impact Report Certification - 75 Howard Street Project] Motion affirming the Planning Commission’s certification of the Final Environmental Impact Report prepared for the project located at 75 Howard Street. (Clerk of the Board) Motion No. M15-169 Supervisor Kim, seconded by Supervisor Campos, moved that this Motion be APPROVED. The motion carried by the following vote: - Ayes: Avalos, Breed, Campos, Christensen, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee ### File 151017: Reversing Final Environmental Impact Report Certification - 75 Howard Street Project - Pages: 16-17 - Vote 1: tabling - Action: 151017 [Reversing Final Environmental Impact Report Certification - 75 Howard Street Project] Motion reversing the Planning Commission’s certification of the Final Environmental Impact Report prepared for the project located at 75 Howard Street. (Clerk of the Board) Supervisor Kim, seconded by Supervisor Campos, moved that this Motion be TABLED. The motion carried by the following vote: - Ayes: Avalos, Breed, Campos, Christensen, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee ## Extracted text ### [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 ### [Page 16](https://sfbos.info/documents/308/2015-11-17-minutes#page-16) Board of Supervisors Meeting Minutes 11/17/2015 SPECIAL ORDER 3:00 P.M. 151015 [Public Hearing - Appeal of Final Environmental Impact Report Certification - 75 Howard Street] Hearing of persons interested in or objecting to the Planning Commission's certification, dated September 3, 2015, of a Final Environmental Impact Report identified as Planning Case No. 2011.1122E, through its Motion No. 19449, for the proposed demolition of the existing eight-level parking garage and construction of a 20-story-over-basement, approximately 220-foot tall building with up to 133 dwelling units, approximately 5,824 square feet of ground floor retail space, and 100 off-street parking spaces at 75 Howard Street. (District 6) (Appellant: Dave Osgood, on behalf of Rincon Point Neighbors Association) (Filed October 5, 2015). (Clerk of the Board) The President opened the public hearing and inquired as to whether any member of the public wished to address the Board. David Osgood (Appellant); provided an overview of the appeal, responded to questions raised throughout the discussion, and further requested the Board to approve the appeal. Elise Frosier; Tes Welborn; Hiroshi Fukuda; Tom Gilberty; Bree Munam; Sue Hestor; spoke in support of the appeal. Don Lewis, Sue Michaelson, Sarah Jones and Lisa Gibson (Planning Department); provided an overview of the decision of the Planning Department and responded to questions raised throughout the discussion. Mary Murphy, Gibson Dunn (Project Sponsor); provided an overview of the project, responded to questions raised throughout the discussion, and further requested the Board to uphold the decision of the Planning Department. Joel Koppel (IBEW Local 6); Female Speaker; Tim Collen (San Francisco Housing Coalition); Male Speaker; Danny Campbell (Sheet Metal, Local 104); M. M. D. Wright; spoke in support of the project and in opposition to the appeal. David Osgood (Appellant); provided a rebuttal and further requested the Board to approve the appeal. There were no other speakers. The President declared the public hearing closed. HEARD AND FILED 151016 [Affirming Final Environmental Impact Report Certification - 75 Howard Street Project] Motion affirming the Planning Commission’s certification of the Final Environmental Impact Report prepared for the project located at 75 Howard Street. (Clerk of the Board) Motion No. M15-169 Supervisor Kim, seconded by Supervisor Campos, moved that this Motion be APPROVED. The motion carried by the following vote: Ayes: 11 - Avalos, Breed, Campos, Christensen, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee 151017 [Reversing Final Environmental Impact Report Certification - 75 Howard Street Project] Motion reversing the Planning Commission’s certification of the Final Environmental Impact Report prepared for the project located at 75 Howard Street. (Clerk of the Board) Supervisor Kim, seconded by Supervisor Campos, moved that this Motion be TABLED. 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 794 Printed at 1:20 pm on 1/15/16