# Board of Supervisors Minutes: May 8, 2012 - Meeting date: 2012-05-08 - Document type: minutes - Source format: PDF - Extracted pages: 23 - [Canonical HTML transcript](https://sfbos.info/documents/32/2012-05-08-minutes) - [Authoritative City source](https://sfgov.legistar.com/View.ashx?M=M&ID=194507&GUID=55F9400F-C388-4018-83B7-335BA6E8393A) > This text was extracted for search and accessibility. The linked City source is the authoritative public record. ## Structured legislative records ### File 120385: Real Property Lease Amendment - Sixth Street Baldwin House, LLC - 72-6th Street - Pages: 9-10 - Sponsors: Mayor; Kim - Vote 1: adoption, likely final - Action: 120385 [Real Property Lease Amendment - Sixth Street Baldwin House, LLC - 72-6th Street] Sponsors: Mayor; Kim Resolution authorizing the lease amendment with Sixth Street Baldwin House, LLC, of approximately 1,932 rentable square feet of ground space located at 72-6th Street for the San Francisco Police Department. Resolution No. 160-12 ADOPTED by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener ### File 111247: Planning Code - Permitting Five Feet Ground Floor Height Increases in Designated Lots and Prohibiting Certain Lot Mergers Along Geary Boulevard, Balboa Street, and in the Inner and Outer Clement Neighborhood Commercial Districts - Pages: 10 - Sponsors: Mar - Vote 1: first-reading - Action: itting Five Feet Ground Floor Height Increases in Designated Lots and Prohibiting Certain Lot Mergers Along Geary Boulevard, Balboa Street, and in the Inner and Outer Clement Neighborhood Commercial Districts] Sponsor: Mar Ordinance amending the San Francisco Planning Code by: 1) amending Section 263.20 to permit a 5 feet ground floor height increase a) in the 40-X and 50-X Height and Bulk Districts in the NC-3 Zoning District along Geary Boulevard, from Masonic Avenue to 28th Avenue, except for designated parcels; b) on NC-2 designated parcels on Balboa Street between 2nd Avenue and 8th Avenue, and between 32nd Avenue and 39th Avenue; and c) in the Inner Clement Street and Outer Clement Street Neighborhood Commercial Districts (NCDs); 2) amending Section 121.7(b) to prohibit lot mergers resulting in lots with street frontages greater than 50 feet in the Inner and Outer Clement NCDs, and in NC-2 Districts on Balboa Street, between 2nd Avenue and 8th Avenue, and between 32nd Avenue and 38th Avenue; and 3) making findings, including environmental findings and findings of consistency with Planning Code Section 101.1 and the General Plan. PASSED, ON FIRST READING by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener ### File 120300: Planning Code - Article 10 - Landmarks Preservation - Pages: 10-11 - Sponsors: Wiener; Olague - Vote 1: amendment - Action: 120300 [Planning Code - Article 10 - Landmarks Preservation] Sponsors: Wiener; Olague Ordinance amending the San Francisco Planning Code, Article 10, entitled "Preservation of Historical Architectural and Aesthetic Landmarks," in its entirety; and making findings, including environmental findings and findings of consistency with the General Plan and Planning Code Section 101.1(b). Supervisor Avalos, seconded by Supervisor Campos, moved that this Ordinance be RE-REFERRED to the Land Use and Economic Development Committee. The motion FAILED by the following vote: - Ayes: Avalos, Campos, Mar - Noes: Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Olague, Wiener - Vote 2: amendment - Action: Supervisor Avalos, seconded by Supervisor Campos, moved that this Ordinance be AMENDED on Page 31, Line 17, by adding ‘unit to residents earning 120 percent area median income and below’ after ‘for-sale’; and adding ‘to residents earning 100% area median income and below’ after ‘housing unit’. The motion carried by the following vote: - Ayes: Avalos, Campos, Chiu, Kim, Mar, Olague - Noes: Chu, Cohen, Elsbernd, Farrell, Wiener - Vote 3: amendment - Action: Supervisor Wiener, seconded by Supervisor Chiu, moved that this Ordinance be AMENDED on Page 11, Line 5, by deleting ‘or’ after ‘Department’, and adding ‘, or any member of the public’ after ‘owner(s)’; Page 11, Line 6, by adding ‘the owner(s) of a proposed landmark site or’ after ‘submitted by’; Page 11, Line 7, by deleting ‘for designation’ after ‘owners’, and adding ‘proposed’ after ‘of a’; Page 11, Lines 10-11, by replacing ‘the’ with ‘a’, and adding ‘made by property owners as set forth above’ after ‘nomination’. The motion carried by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener - Vote 4: amendment - Action: Supervisor Mar, seconded by Supervisor Campos, moved that this Ordinance be AMENDED on Page 29, Lines 11-18, by deleting from ‘Development of…’ through to ‘…by that body’, and adding ‘The Historic Preservation Commission may develop district-by-district design guidelines that meet the Secretary’s Standards to be adopted by the HPC, with comments by the Planning Commission.’ after ‘that body.’ The motion FAILED by the following vote: - Ayes: Avalos, Campos, Mar - Noes: Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Olague, Wiener - Vote 5: amendment - Action: City and County of San Francisco Page 307 Printed at 12:40 pm on 6/20/12 Board of Supervisors Meeting Minutes 5/8/2012 Supervisor Campos, seconded by Supervisor Avalos, moved that this Ordinance be AMENDED on Page 14, Lines 15-16, by deleting ‘in writing’ and ‘be it in the form of a vote or a survey’; and on Page 14, Lines 20-23, by deleting from ‘The Department’s…’ through to ‘…proposed district.’ The motion carried by the following vote: - Ayes: Avalos, Campos, Chiu, Kim, Mar, Olague - Noes: Chu, Cohen, Elsbernd, Farrell, Wiener - Vote 6: first-reading - Action: PASSED ON FIRST READING AS AMENDED by the following vote: - Ayes: Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Olague, Wiener - Noes: Avalos, Campos, Mar ### File 120301: Planning Code - Article 11 - Historic Preservation in the C-3 Districts - Pages: 11-12 - Sponsors: Wiener; Olague - Vote 1: amendment - Action: 120301 [Planning Code - Article 11 - Historic Preservation in the C-3 Districts] Sponsors: Wiener; Olague Ordinance amending the San Francisco Planning Code, Article 11, entitled "Preservation of Buildings and Districts of Architectural, Historical, and Aesthetic Importance in the C-3 Districts," in its entirety; and making findings, including environmental findings and findings of consistency with the General Plan and Planning Code Section 101.1(b). (Supervisor Mar dissented in committee.) Supervisor Avalos, seconded by Supervisor Campos, NOT RE-REFERRED to the Land Use and Economic Development Committee, by the following vote: - Ayes: Avalos, Campos, Mar - Noes: Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Olague, Wiener - Vote 2: amendment - Action: Supervisor Wiener, seconded by Supervisor Chiu, moved that this Ordinance be AMENDED on Page 17, Line 25, by adding ‘residential’ after ‘half of all’; and on Page 18, Line 4, by adding ‘residential’ after ‘owners’ and the’. The motion carried by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener - Vote 3: amendment - Action: Supervisor Mar, seconded by Supervisor Campos, moved that this Ordinance be AMENDED on Page 33, Line 24-25, through Page 34, Lines 1-5, by deleting from ‘Development of…” through to ‘…that body.’; and adding ‘The Historic Preservation Commission may develop district-by-district design guidelines that meet the Secretary’s Standards to be adopted by the HPC, with comments by the Planning Commission.’ after ‘that body.’ The motion FAILED by the following vote: - Ayes: Avalos, Campos, Mar - Noes: Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Olague, Wiener - Vote 4: amendment - Action: Supervisor Campos, seconded by Supervisor Avalos, moved that this Ordinance be AMENDED on Page 17, Lines 23-25, by deleting ‘in writing’ and ‘be it in the form of a vote or a survey, with the goal of obtaining the participation of at least half of all property owners and half of all occupants in the area.’; and on Page 18, Lines 4-5, by deleting from ‘The property owners’…” through to “…boundary change.’ The motion carried by the following vote: - Ayes: Avalos, Campos, Chiu, Kim, Mar, Olague - Noes: Chu, Cohen, Elsbernd, Farrell, Wiener - Vote 5: first-reading - Action: PASSED ON FIRST READING AS AMENDED by the following vote: - Ayes: Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Olague, Wiener - Noes: Avalos, Campos, Mar ## Extracted text ### [Page 10](https://sfbos.info/documents/32/2012-05-08-minutes#page-10) Board of Supervisors Meeting Minutes 5/8/2012 Recommendations of the Land Use and Economic Development Committee 111247 [Planning Code - Permitting Five Feet Ground Floor Height Increases in Designated Lots and Prohibiting Certain Lot Mergers Along Geary Boulevard, Balboa Street, and in the Inner and Outer Clement Neighborhood Commercial Districts] Sponsor: Mar Ordinance amending the San Francisco Planning Code by: 1) amending Section 263.20 to permit a 5 feet ground floor height increase a) in the 40-X and 50-X Height and Bulk Districts in the NC-3 Zoning District along Geary Boulevard, from Masonic Avenue to 28th Avenue, except for designated parcels; b) on NC-2 designated parcels on Balboa Street between 2nd Avenue and 8th Avenue, and between 32nd Avenue and 39th Avenue; and c) in the Inner Clement Street and Outer Clement Street Neighborhood Commercial Districts (NCDs); 2) amending Section 121.7(b) to prohibit lot mergers resulting in lots with street frontages greater than 50 feet in the Inner and Outer Clement NCDs, and in NC-2 Districts on Balboa Street, between 2nd Avenue and 8th Avenue, and between 32nd Avenue and 38th Avenue; and 3) making findings, including environmental findings and findings of consistency with Planning Code Section 101.1 and the General Plan. PASSED, ON FIRST READING by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener 120300 [Planning Code - Article 10 - Landmarks Preservation] Sponsors: Wiener; Olague Ordinance amending the San Francisco Planning Code, Article 10, entitled "Preservation of Historical Architectural and Aesthetic Landmarks," in its entirety; and making findings, including environmental findings and findings of consistency with the General Plan and Planning Code Section 101.1(b). Supervisor Avalos, seconded by Supervisor Campos, moved that this Ordinance be RE-REFERRED to the Land Use and Economic Development Committee. The motion FAILED by the following vote: Ayes: 3 - Avalos, Campos, Mar Noes: 8 - Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Olague, Wiener Supervisor Avalos, seconded by Supervisor Campos, moved that this Ordinance be AMENDED on Page 31, Line 17, by adding ‘unit to residents earning 120 percent area median income and below’ after ‘for-sale’; and adding ‘to residents earning 100% area median income and below’ after ‘housing unit’. The motion carried by the following vote: Ayes: 6 - Avalos, Campos, Chiu, Kim, Mar, Olague Noes: 5 - Chu, Cohen, Elsbernd, Farrell, Wiener Supervisor Wiener, seconded by Supervisor Chiu, moved that this Ordinance be AMENDED on Page 11, Line 5, by deleting ‘or’ after ‘Department’, and adding ‘, or any member of the public’ after ‘owner(s)’; Page 11, Line 6, by adding ‘the owner(s) of a proposed landmark site or’ after ‘submitted by’; Page 11, Line 7, by deleting ‘for designation’ after ‘owners’, and adding ‘proposed’ after ‘of a’; Page 11, Lines 10-11, by replacing ‘the’ with ‘a’, and adding ‘made by property owners as set forth above’ after ‘nomination’. The motion carried by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener Supervisor Mar, seconded by Supervisor Campos, moved that this Ordinance be AMENDED on Page 29, Lines 11-18, by deleting from ‘Development of…’ through to ‘…by that body’, and adding ‘The Historic Preservation Commission may develop district-by-district design guidelines that meet the Secretary’s Standards to be adopted by the HPC, with comments by the Planning Commission.’ after ‘that body.’ The motion FAILED by the following vote: Ayes: 3 - Avalos, Campos, Mar Noes: 8 - Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Olague, Wiener City and County of San Francisco Page 307 Printed at 12:40 pm on 6/20/12 ### [Page 11](https://sfbos.info/documents/32/2012-05-08-minutes#page-11) Board of Supervisors Meeting Minutes 5/8/2012 Supervisor Campos, seconded by Supervisor Avalos, moved that this Ordinance be AMENDED on Page 14, Lines 15-16, by deleting ‘in writing’ and ‘be it in the form of a vote or a survey’; and on Page 14, Lines 20-23, by deleting from ‘The Department’s…’ through to ‘…proposed district.’ The motion carried by the following vote: Ayes: 6 - Avalos, Campos, Chiu, Kim, Mar, Olague Noes: 5 - Chu, Cohen, Elsbernd, Farrell, Wiener PASSED ON FIRST READING AS AMENDED by the following vote: Ayes: 8 - Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Olague, Wiener Noes: 3 - Avalos, Campos, Mar 120301 [Planning Code - Article 11 - Historic Preservation in the C-3 Districts] Sponsors: Wiener; Olague Ordinance amending the San Francisco Planning Code, Article 11, entitled "Preservation of Buildings and Districts of Architectural, Historical, and Aesthetic Importance in the C-3 Districts," in its entirety; and making findings, including environmental findings and findings of consistency with the General Plan and Planning Code Section 101.1(b). (Supervisor Mar dissented in committee.) Supervisor Avalos, seconded by Supervisor Campos, NOT RE-REFERRED to the Land Use and Economic Development Committee, by the following vote: Ayes: 3 - Avalos, Campos, Mar Noes: 8 - Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Olague, Wiener Supervisor Wiener, seconded by Supervisor Chiu, moved that this Ordinance be AMENDED on Page 17, Line 25, by adding ‘residential’ after ‘half of all’; and on Page 18, Line 4, by adding ‘residential’ after ‘owners’ and the’. The motion carried by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener Supervisor Mar, seconded by Supervisor Campos, moved that this Ordinance be AMENDED on Page 33, Line 24-25, through Page 34, Lines 1-5, by deleting from ‘Development of…” through to ‘…that body.’; and adding ‘The Historic Preservation Commission may develop district-by-district design guidelines that meet the Secretary’s Standards to be adopted by the HPC, with comments by the Planning Commission.’ after ‘that body.’ The motion FAILED by the following vote: Ayes: 3 - Avalos, Campos, Mar Noes: 8 - Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Olague, Wiener Supervisor Campos, seconded by Supervisor Avalos, moved that this Ordinance be AMENDED on Page 17, Lines 23-25, by deleting ‘in writing’ and ‘be it in the form of a vote or a survey, with the goal of obtaining the participation of at least half of all property owners and half of all occupants in the area.’; and on Page 18, Lines 4-5, by deleting from ‘The property owners’…” through to “…boundary change.’ The motion carried by the following vote: Ayes: 6 - Avalos, Campos, Chiu, Kim, Mar, Olague Noes: 5 - Chu, Cohen, Elsbernd, Farrell, Wiener PASSED ON FIRST READING AS AMENDED by the following vote: Ayes: 8 - Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Olague, Wiener Noes: 3 - Avalos, Campos, Mar City and County of San Francisco Page 308 Printed at 12:40 pm on 6/20/12