# Board of Supervisors Minutes: November 13, 2018 - Meeting date: 2018-11-13 - Document type: minutes - Pages in official PDF: 42 - [Canonical HTML transcript](https://sfbos.info/documents/550/2018-11-13-minutes) - [Authoritative City PDF](https://sfgov.legistar.com/View.ashx?M=M&ID=649075&GUID=939C159C-9DD6-40F6-BA4A-F4674A9324B2) > This text was extracted for search and accessibility. The linked City PDF is the authoritative public record. ## Structured legislative records ### File 180988: Mills Act Historical Property Contract - 811 Treat Avenue - Pages: 16-17 - Vote 1: adoption, likely final - Action: 180988 [Mills Act Historical Property Contract - 811 Treat Avenue] Sponsor: Ronen Resolution approving an historical property contract between Golden Gate Properties LLC, the owner of 811 Treat Avenue, and the City and County of San Francisco, under Administrative Code, Chapter 71; and authorizing the Planning Director and the Assessor-Recorder to execute and record the historical property contract. (Historic Preservation Commission) Resolution No. 395-18 ADOPTED by the following vote: - Ayes: Brown, Cohen, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee ### File 151258: Planning Code - Affordable Housing Requirement and Fee in Divisadero Neighborhood Commercial Transit District - Pages: 17-18 - Vote 1: first-reading - Action: 151258 [Planning Code - Affordable Housing Requirement and Fee in Divisadero Neighborhood Commercial Transit District] Sponsor: Brown Ordinance amending the Planning Code to require additional affordable housing or payment of a fee for certain sites that obtained higher residential development potential as a result of the rezoning of the Divisadero Street Neighborhood Commercial Transit District in 2015; affirming the Planning Department’s determination under the California Environmental Quality Act; and making findings of public convenience, necessity, and welfare under Planning Code, Section 302, and making 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: Brown, Cohen, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee - Vote 2: rescission - Action: Supervisor Peskin, seconded by Supervisor Safai, moved to rescind the previous vote: - Ayes: Brown, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee - Absent: Cohen - Vote 3: amendment - Action: Privilege of the floor was granted unanimously to Jon Givner (Office of the City Attorney) who responded to questions raised throughout the discussion. Supervisor Fewer, seconded by Supervisor Tang, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE, by making various verbiage corrections. The motion carried by the following vote: - Ayes: Brown, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee - Absent: Cohen - Vote 4: first-reading - Action: Ordinance amending the Planning Code to require additional affordable housing or payment of a fee for certain sites that obtained higher residential development potential as a result of the rezoning of the Divisadero Street Neighborhood Commercial Transit District in 2015; affirming the Planning Department’s determination under the California Environmental Quality Act; and making findings of public convenience, necessity, 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. PASSED ON FIRST READING AS AMENDED by the following vote: - Ayes: Brown, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee - Absent: Cohen ### File 180776: Planning Code, Zoning Map - 430-29th Avenue Special Use District - Pages: 18 - Vote 1: first-reading - Action: 180776 [Planning Code, Zoning Map - 430-29th Avenue Special Use District] Sponsor: Fewer Ordinance amending the Planning Code and the Zoning Map to establish the 430-29th Avenue Special Use District; and affirming the Planning Department’s determination under the California Environmental Quality Act; and making findings of consistency with the General Plan and the eight priority policies of Planning Code, Section 101.1, and findings of public necessity, convenience, and welfare under Planning Code, Section 302. PASSED ON FIRST READING by the following vote: - Ayes: Brown, Cohen, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee ### File 180806: Planning Code - Temporary Pop-Up Retail, Flexible Retail, and Arts Activities Uses - Pages: 18 - Vote 1: amendment - Action: 180806 [Planning Code - Temporary Pop-Up Retail, Flexible Retail, and Arts Activities Uses] Sponsors: Tang; Safai, Fewer, Brown and Cohen Ordinance amending the Planning Code to create new Use allowing flexible, multi-use retail; permitting Temporary Pop-Up Retail uses in commercial spaces; permitting Flexible Retail in certain Neighborhood Commercial Districts; permitting Arts Activities in certain Neighborhood Commercial Districts; affirming the Planning Department’s determination under the California Environmental Quality Act; making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1; and making findings of public necessity, convenience, and welfare pursuant to Planning Code, Section 302. Supervisor Tang, seconded by Supervisor Safai, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 5, Line 19, by adding ‘distinct’ before ‘Uses'. The motion carried by the following vote: - Ayes: Brown, Cohen, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee - Vote 2: first-reading - Action: PASSED ON FIRST READING AS AMENDED by the following vote: - Ayes: Brown, Cohen, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee ### File 180862: Transportation Code - Board of Supervisors Review of Bus Rapid Transit Projects - Pages: 18-19 - Vote 1: amendment - Action: rtation Agency decisions related to Bus Rapid Transit projects that do not include transit-only areas or lanes for Municipal Railway vehicles, taxis, authorized emergency vehicles, and/or Golden Gate Transit vehicles; and affirming the Planning Department’s determination under the California Environmental Quality Act. Supervisor Stefani requested to be added as a co-sponsor. Supervisor Peskin, seconded by Supervisor Safai, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE, on Page 1, Lines 5-9, by striking ‘that do not include transit-only areas or lanes for’ and adding ‘that authorizes preferential access for any part of a street, except for commercial loading zones, to any vehicle that is not a’; and Page 2, Lines 16-20, by adding ‘(3) a decision by the SFMTA that is directly related to the implementation of a Bus Rapid Transit project, provided that no portion of the Bus Rapid Transit project authorizes preferential access for any part of a street, except for commercial loading zones, to any vehicle that is not a Municipal Railway vehicle, tax, authorized emergency vehicle, or Golden Gate Transit vehicle.’ The motion carried by the following vote: - Ayes: Brown, Cohen, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee - Vote 2: first-reading - Action: City and County of San Francisco Page 865 Printed at 1:08 pm on 1/10/19 Board of Supervisors Meeting Minutes 11/13/2018 Ordinance amending Division I of the Transportation Code to establish a procedure for Board of Supervisors review of Municipal Transportation Agency decisions related to the implementation of a Bus Rapid Transit project that authorizes preferential access for any part of a street, except for commercial loading zones, to any vehicle that is not a Municipal Railway vehicle, taxi, authorized emergency vehicle, and/or Golden Gate Transit vehicle; and affirming the Planning Department’s determination under the California Environmental Quality Act. PASSED ON FIRST READING AS AMENDED by the following vote: - Ayes: Brown, Cohen, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee ## Extracted text ### [Page 17](https://sfbos.info/documents/550/2018-11-13-minutes#page-17) Board of Supervisors Meeting Minutes 11/13/2018 Appointment of President Pro Tempore At the request of President Cohen, Supervisor Stefani assumed the chair at 3:05 p.m. The President resumed the chair at 3:14 p.m. Recommendations of the Land Use and Transportation Committee President Cohen was noted absent at 3:05 p.m. 151258 [Planning Code - Affordable Housing Requirement and Fee in Divisadero Neighborhood Commercial Transit District] Sponsor: Brown Ordinance amending the Planning Code to require additional affordable housing or payment of a fee for certain sites that obtained higher residential development potential as a result of the rezoning of the Divisadero Street Neighborhood Commercial Transit District in 2015; affirming the Planning Department’s determination under the California Environmental Quality Act; and making findings of public convenience, necessity, and welfare under Planning Code, Section 302, and making 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 - Brown, Cohen, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee Supervisor Peskin, seconded by Supervisor Safai, moved to rescind the previous vote: Ayes: 10 - Brown, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee Absent: 1 - Cohen Privilege of the floor was granted unanimously to Jon Givner (Office of the City Attorney) who responded to questions raised throughout the discussion. Supervisor Fewer, seconded by Supervisor Tang, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE, by making various verbiage corrections. The motion carried by the following vote: Ayes: 10 - Brown, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee Absent: 1 - Cohen Ordinance amending the Planning Code to require additional affordable housing or payment of a fee for certain sites that obtained higher residential development potential as a result of the rezoning of the Divisadero Street Neighborhood Commercial Transit District in 2015; affirming the Planning Department’s determination under the California Environmental Quality Act; and making findings of public convenience, necessity, 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. PASSED ON FIRST READING AS AMENDED by the following vote: Ayes: 10 - Brown, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee Absent: 1 - Cohen President Cohen was noted present at 3:14 p.m. City and County of San Francisco Page 864 Printed at 1:08 pm on 1/10/19 ### [Page 18](https://sfbos.info/documents/550/2018-11-13-minutes#page-18) Board of Supervisors Meeting Minutes 11/13/2018 180776 [Planning Code, Zoning Map - 430-29th Avenue Special Use District] Sponsor: Fewer Ordinance amending the Planning Code and the Zoning Map to establish the 430-29th Avenue Special Use District; and affirming the Planning Department’s determination under the California Environmental Quality Act; and making findings of consistency with the General Plan and the eight priority policies of Planning Code, Section 101.1, and findings of public necessity, convenience, and welfare under Planning Code, Section 302. PASSED ON FIRST READING by the following vote: Ayes: 11 - Brown, Cohen, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee 180806 [Planning Code - Temporary Pop-Up Retail, Flexible Retail, and Arts Activities Uses] Sponsors: Tang; Safai, Fewer, Brown and Cohen Ordinance amending the Planning Code to create new Use allowing flexible, multi-use retail; permitting Temporary Pop-Up Retail uses in commercial spaces; permitting Flexible Retail in certain Neighborhood Commercial Districts; permitting Arts Activities in certain Neighborhood Commercial Districts; affirming the Planning Department’s determination under the California Environmental Quality Act; making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1; and making findings of public necessity, convenience, and welfare pursuant to Planning Code, Section 302. Supervisor Tang, seconded by Supervisor Safai, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 5, Line 19, by adding ‘distinct’ before ‘Uses'. The motion carried by the following vote: Ayes: 11 - Brown, Cohen, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee PASSED ON FIRST READING AS AMENDED by the following vote: Ayes: 11 - Brown, Cohen, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee 180862 [Transportation Code - Board of Supervisors Review of Bus Rapid Transit Projects] Sponsors: Peskin; Stefani Ordinance amending Division I of the Transportation Code to establish a procedure for Board of Supervisors review of Municipal Transportation Agency decisions related to Bus Rapid Transit projects that do not include transit-only areas or lanes for Municipal Railway vehicles, taxis, authorized emergency vehicles, and/or Golden Gate Transit vehicles; and affirming the Planning Department’s determination under the California Environmental Quality Act. Supervisor Stefani requested to be added as a co-sponsor. Supervisor Peskin, seconded by Supervisor Safai, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE, on Page 1, Lines 5-9, by striking ‘that do not include transit-only areas or lanes for’ and adding ‘that authorizes preferential access for any part of a street, except for commercial loading zones, to any vehicle that is not a’; and Page 2, Lines 16-20, by adding ‘(3) a decision by the SFMTA that is directly related to the implementation of a Bus Rapid Transit project, provided that no portion of the Bus Rapid Transit project authorizes preferential access for any part of a street, except for commercial loading zones, to any vehicle that is not a Municipal Railway vehicle, tax, authorized emergency vehicle, or Golden Gate Transit vehicle.’ The motion carried by the following vote: Ayes: 11 - Brown, Cohen, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee City and County of San Francisco Page 865 Printed at 1:08 pm on 1/10/19