# Board of Supervisors Minutes: September 12, 2017

- Meeting date: 2017-09-12
- Document type: minutes
- Source format: PDF
- Extracted pages: 29
- [Canonical HTML transcript](https://sfbos.info/documents/460/2017-09-12-minutes)
- [Authoritative City source](https://sfgov.legistar.com/View.ashx?M=M&ID=563614&GUID=B1CB6615-7F34-479E-BCF0-1A30ED18AF31)

> This text was extracted for search and accessibility. The linked City source is the authoritative public record.

## Structured legislative records

### File 170814: Conditionally Reversing the Final Environmental Impact Report Certification - 1500-1540 Market Street (One Oak Street)

- Pages: 10-11
- Vote 1: continuance
  - Action: 170814 [Conditionally Reversing the Final Environmental Impact Report Certification - 1500-1540 Market Street (One Oak Street)] Motion conditionally reversing the Planning Commission’s certification of the Final Environmental Impact Report prepared for the proposed project at 1500-1540 Market Street (One Oak Street), subject to the adoption of written findings of the Board in support of this determination. (Clerk of the Board) Supervisor Breed, seconded by Supervisor Farrell, moved that this Motion be CONTINUED to the Board of Supervisors meeting of September 26, 2017.
  - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

### File 170815: Preparation of Findings to Reverse the Final Environmental Impact Report Certification - 1500-1540 Market Street (One Oak Street)

- Pages: 11
- Vote 1: continuance
  - Action: 170815 [Preparation of Findings to Reverse the Final Environmental Impact Report Certification - 1500-1540 Market Street (One Oak Street)] Motion directing the Clerk of the Board to prepare findings related to reversing the Planning Commission’s certification of the Final Environmental Impact Report for the proposed project at 1500-1540 Market Street (One Oak Street). (Clerk of the Board) Supervisor Breed, seconded by Supervisor Farrell, moved that this Motion be CONTINUED to the Board of Supervisors meeting of September 26, 2017.
  - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

### File 170750: General Plan Amendments - One Oak Street Project

- Pages: 11
- Vote 1: first-reading
  - Action: 170750 [General Plan Amendments - One Oak Street Project] Ordinance amending the General Plan by revising the height and bulk designations for the One Oak Street project, at the Van Ness Avenue / Oak Street / Market Street Intersection, Assessor’s Parcel Block No. 0836, Lot Nos. 001 and 005, on Map 3 of the Market and Octavia Area Plan and on Map 5 of the Downtown Area Plan; adopting findings under the California Environmental Quality Act; making findings of consistency with the General Plan as proposed for amendment, and the eight priority policies of Planning Code, Section 101.1; and adopting findings of public necessity, convenience, and welfare under Planning Code, Section 340. (Planning Commission) NOT PASSED ON FIRST READING by the following vote:
  - Noes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

### File 170751: Planning Code, Zoning Map - One Oak Street Project

- Pages: 11-12
- Vote 1: first-reading
  - Action: 170751 [Planning Code, Zoning Map - One Oak Street Project] Ordinance amending the Planning Code by revising Sheet HT07 of the Zoning Map, to change the height and bulk district classification of Assessor’s Parcel Block No. 0836, portions of Lot Nos. 001 and 005, for the One Oak Project, at the Van Ness Avenue / Oak Street / Market Street Intersection, as follows: rezoning the eastern portion of the property, along Van Ness Avenue, located at Assessor’s Parcel Block No. 0836, Lot No. 001 (1500 Market Street), from 120/400-R-2 to 120-R-2; rezoning the central portion of the property, located at Assessor’s Parcel Block No. 0836, Lot No. 005 (1540 Market Street), from 120-R-2 to 120/400-R-2; affirming the Planning Commission’s determination under the California Environmental Quality Act; and making findings, including findings of public necessity, convenience and welfare under Planning Code, Section 302, and findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Planning Commission) NOT PASSED ON FIRST READING by the following vote:
  - Noes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

### File 170851: Hearing - Appeal of Mitigated Negative Declaration - Proposed Project at 3516 and 3526 Folsom Street

- Pages: 12-13

## Extracted text

### [Page 11](https://sfbos.info/documents/460/2017-09-12-minutes#page-11)

Board of Supervisors                             Meeting Minutes                                                9/12/2017



170815 [Preparation of Findings to Reverse the Final Environmental Impact Report
       Certification - 1500-1540 Market Street (One Oak Street)]
            Motion directing the Clerk of the Board to prepare findings related to reversing the Planning
            Commission’s certification of the Final Environmental Impact Report for the proposed project at
            1500-1540 Market Street (One Oak Street). (Clerk of the Board)
            Supervisor Breed, seconded by Supervisor Farrell, moved that this Motion be CONTINUED to the
            Board of Supervisors meeting of September 26, 2017.
                 Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee



Referred Without Recommendation from the Land Use and Transportation Committee
            President Breed requested File Nos. 170750 and 170751 be called together. Privilege of the floor
            was granted unanimously to Jon Givner (Office of the City Attorney) who responded to questions
            raised throughout the discussion on these matters.


170750 [General Plan Amendments - One Oak Street Project]
            Ordinance amending the General Plan by revising the height and bulk designations for the One
            Oak Street project, at the Van Ness Avenue / Oak Street / Market Street Intersection, Assessor’s
            Parcel Block No. 0836, Lot Nos. 001 and 005, on Map 3 of the Market and Octavia Area Plan and
            on Map 5 of the Downtown Area Plan; adopting findings under the California Environmental
            Quality Act; making findings of consistency with the General Plan as proposed for amendment,
            and the eight priority policies of Planning Code, Section 101.1; and adopting findings of public
            necessity, convenience, and welfare under Planning Code, Section 340. (Planning Commission)
            NOT PASSED ON FIRST READING by the following vote:
                 Noes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee


170751 [Planning Code, Zoning Map - One Oak Street Project]
            Ordinance amending the Planning Code by revising Sheet HT07 of the Zoning Map, to change the
            height and bulk district classification of Assessor’s Parcel Block No. 0836, portions of Lot Nos. 001
            and 005, for the One Oak Project, at the Van Ness Avenue / Oak Street / Market Street
            Intersection, as follows: rezoning the eastern portion of the property, along Van Ness Avenue,
            located at Assessor’s Parcel Block No. 0836, Lot No. 001 (1500 Market Street), from 120/400-R-2
            to 120-R-2; rezoning the central portion of the property, located at Assessor’s Parcel Block No.
            0836, Lot No. 005 (1540 Market Street), from 120-R-2 to 120/400-R-2; affirming the Planning
            Commission’s determination under the California Environmental Quality Act; and making findings,
            including findings of public necessity, convenience and welfare under Planning Code, Section 302,
            and findings of consistency with the General Plan, and the eight priority policies of Planning Code,
            Section 101.1. (Planning Commission)
            NOT PASSED ON FIRST READING by the following vote:
                 Noes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee




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### [Page 12](https://sfbos.info/documents/460/2017-09-12-minutes#page-12)

Board of Supervisors                              Meeting Minutes                                                9/12/2017




SPECIAL ORDER 3:00 P.M.
            President Breed requested File Nos. 170851, 170852, 170853, and 170854 be called together.
            Privilege of the floor was granted unanimously to Jon Givner (Office of the City Attorney) who
            responded to questions raised throughout the discussion on these matters.



Supervisor Safai Excused from Voting
            Supervisor Ronen, seconded by Supervisor Fewer, moved that Supervisor Safai be excused from
            voting on File Nos. 170851, 170852, 170853, and 170854, due to a possible conflict of interest. The
            motion carried by the following vote:
                 Ayes: 10 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Sheehy, Tang, Yee
                 Excused: 1 - Safai


170851 [Hearing - Appeal of Mitigated Negative Declaration - Proposed Project at 3516 and
       3526 Folsom Street]
            Hearing of persons interested in or objecting to the adoption of a Mitigated Negative Declaration
            under the California Environmental Quality Act for a proposed project at 3516 and 3526 Folsom
            Street, Assessor's Parcel Block No. 5626, Lot Nos. 013 and 014, identified in Planning Case No.
            2013.1383ENV, adopted on June 15, 2017. (District 9) (Appellant: Ryan J. Patterson of Zacks
            Freedman & Patterson, PC, on behalf of Kathy Angus for Bernal Heights South Slope
            Organization, Marilyn Waterman and Sam Orr for Bernal Safe and Livable, Herbert Felsenfeld for
            Neighbors Against the Upper Folsom Street Extension, Gail Newman, and Ann Lockett.) (Filed
            July 17, 2017). (Clerk of the Board)
            President Breed opened the public hearing and inquired as to whether any member of the public
            wished to address the Board. Ryan Patterson (Zacks Freedman & Patterson, PC); Kathy Angus
            (Bernal Heights South Slope Organization); Steve Viani; Kenneth Ridings (Engineering Design &
            Testing Corp.); provided an overview of the appeal, responded to questions raised throughout the
            discussion, and further requested the Board to approve the appeal. Larry Carter; Male Speaker;
            Barbara Underberg; Sara McHerman; Pamela Herman; Female Speaker on behalf of Linda
            Whinner; Linda Rainee; Female Speaker; Nic Griffin; Pat Huse; Female Speaker; Herb P.;
            Deborah Durson; Terry Mill; spoke in support of the appeal. Justin Horner; Lisa Gibson, Joy
            Navarrete (Planning Department); Kristen Jensen (Office of the City Attorney); provided an
            overview of the decision of the Planning Department and responded to questions raised
            throughout the discussion. Charles Olson (Lubin Olson & Niewiadomski, LLP); 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. Starr Jia; Moe Kontos;
            Ramon Romero; Todd David; Sean Kingrin; spoke in support of the project and in opposition to the
            appeal. Ryan Patterson (Zacks Freedman & Patterson, PC); Kenneth Ridings (Engineering
            Design & Testing Corp.); provided a rebuttal and further requested the Board to approve the
            appeal. There were no other speakers. President Breed closed public comment and declared the
            public hearing heard and filed.
            HEARD AND FILED




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