# Board of Supervisors Minutes: December 4, 2018

- Meeting date: 2018-12-04
- Document type: minutes
- Pages in official PDF: 21
- [Canonical HTML transcript](https://sfbos.info/documents/554/2018-12-04-minutes)
- [Authoritative City PDF](https://sfgov.legistar.com/View.ashx?M=M&ID=654610&GUID=199987DA-0FD4-4599-B849-01F9B6DC4F53)

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

## Structured legislative records

### File 181082: Business and Tax Regulations Code - Early Care and Education Commercial Rents Tax Credit and Exclusions

- Pages: 3-4
- Vote 1: first-reading
  - Action: 181082 [Business and Tax Regulations Code - Early Care and Education Commercial Rents Tax Credit and Exclusions] Sponsors: Kim; Yee Ordinance amending the Business and Tax Regulations Code to provide a credit against the Early Care and Education Commercial Rents Tax for the operation of certain child care facilities, and to exclude from the Early Care and Education Commercial Rents Tax base amounts subject to the hotel tax or parking tax. (Fiscal Impact) PASSED ON FIRST READING by the following vote:
  - Ayes: Brown, Cohen, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee
  - Excused: Fewer

### File 180282: Dedication for Public Use - Brewster Street Extension Project

- Pages: 4
- Vote 1: first-reading
  - Action: 180282 [Dedication for Public Use - Brewster Street Extension Project] Ordinance dedicating the Brewster Street extension consisting of improvements on portions of Brewster Street and Martin Avenue in the Bernal Heights neighborhood to public use, declaring this area as shown on official Public Works drawings as open public right-of-way, and designating it for street and roadway purposes; establishing official sidewalk widths, public right-of-way widths, and street grades in connection with the Brewster Street extension; accepting the Brewster Street extension for City maintenance and liability; accepting a Public Works Order recommending dedication and acceptance of Brewster Street extension; authorizing official acts in connection with this Ordinance; 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. (Public Works) PASSED ON FIRST READING by the following vote:
  - Ayes: Brown, Cohen, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee
  - Excused: Fewer

### File 180778: Building Code - Penalties for Constructing an Impervious Surface in the Front Yard Setback Without the Required Permit

- Pages: 4
- Vote 1: first-reading
  - Action: 180778 [Building Code - Penalties for Constructing an Impervious Surface in the Front Yard Setback Without the Required Permit] Sponsor: Safai Ordinance amending the Building Code to modify the penalty for constructing an impervious surface in the front yard setback without a permit; affirming the Planning Department’s determination under the California Environmental Quality Act; and directing the Clerk of the Board of Supervisors to forward the Ordinance to the California Building Standards Commission upon final passage. PASSED ON FIRST READING by the following vote:
  - Ayes: Brown, Cohen, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee
  - Excused: Fewer

### File 180935: Planning Code, Zoning Map - 1550 Evans Avenue Special Use District

- Pages: 4
- Vote 1: first-reading
  - Action: 180935 [Planning Code, Zoning Map - 1550 Evans Avenue Special Use District] Sponsor: Cohen Ordinance amending the Planning Code and Zoning Map to create the 1550 Evans Avenue Special Use District; 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 under Planning Code, Section 302. PASSED ON FIRST READING by the following vote:
  - Ayes: Brown, Cohen, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee
  - Excused: Fewer

### File 181026: Public Works Code - Temporary Mobile Caterer Permit

- Pages: 4-5
- Vote 1: first-reading
  - Action: 181026 [Public Works Code - Temporary Mobile Caterer Permit] Sponsor: Mandelman Ordinance amending the Public Works Code to create a Temporary Mobile Caterer permit for restaurants that cannot operate during mandatory seismic retrofits of their buildings. PASSED ON FIRST READING by the following vote:
  - Ayes: Brown, Cohen, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee
  - Excused: Fewer

### File 181028: Planning Code - Off-Street Parking Requirements

- Pages: 5
- Vote 1: first-reading
  - Action: 181028 [Planning Code - Off-Street Parking Requirements] Sponsors: Kim; Peskin, Brown and Mandelman Ordinance amending the Planning Code to eliminate minimum off-street parking requirements City-wide; and making findings under the California Environmental Quality Act, 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. Privilege of the floor was granted unanimously to Jon Givner (Office of the City Attorney) who responded to questions raised throughout the discussion. Supervisor Cohen, seconded by Supervisor Safai, moved that this Ordinance be AMENDED by removing District 10 from the requirements of this Ordinance to eliminate minimum off-street parking. Before the vote was taken, Supervisor Cohen rescinded this motion. Supervisor Yee requested this Ordinance be DUPLICATED. See duplicated File No. 181184. PASSED ON FIRST READING by the following vote:
  - Ayes: Brown, Kim, Mandelman, Peskin, Ronen, Tang
  - Noes: Cohen, Safai, Stefani, Yee
  - Excused: Fewer

### File 181184: Planning Code - Off-Street Parking Requirements

- Pages: 5-6
- Vote 1: amendment
  - Action: 181184 [Planning Code - Off-Street Parking Requirements] Sponsor: Kim Ordinance amending the Planning Code to eliminate minimum off-street parking requirements City-wide; and making findings under the California Environmental Quality Act, 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. Duplicated from File No. 181028. Supervisor Yee, seconded by Supervisor Kim, moved that this Ordinance be REFERRED to the Land Use and Transportation Committee. The motion carried by the following vote:
  - Ayes: Brown, Cohen, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee
  - Excused: Fewer

## Extracted text

### [Page 4](https://sfbos.info/documents/554/2018-12-04-minutes#page-4)

Board of Supervisors                              Meeting Minutes                                                12/4/2018




Recommendations of the Land Use and Transportation Committee

180282 [Dedication for Public Use - Brewster Street Extension Project]
            Ordinance dedicating the Brewster Street extension consisting of improvements on portions of
            Brewster Street and Martin Avenue in the Bernal Heights neighborhood to public use, declaring
            this area as shown on official Public Works drawings as open public right-of-way, and designating
            it for street and roadway purposes; establishing official sidewalk widths, public right-of-way widths,
            and street grades in connection with the Brewster Street extension; accepting the Brewster Street
            extension for City maintenance and liability; accepting a Public Works Order recommending
            dedication and acceptance of Brewster Street extension; authorizing official acts in connection
            with this Ordinance; 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. (Public Works)
            PASSED ON FIRST READING by the following vote:
                 Ayes: 10 - Brown, Cohen, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee
                 Excused: 1 - Fewer


180778 [Building Code - Penalties for Constructing an Impervious Surface in the Front
       Yard Setback Without the Required Permit]
            Sponsor: Safai
            Ordinance amending the Building Code to modify the penalty for constructing an impervious
            surface in the front yard setback without a permit; affirming the Planning Department’s
            determination under the California Environmental Quality Act; and directing the Clerk of the Board
            of Supervisors to forward the Ordinance to the California Building Standards Commission upon
            final passage.
            PASSED ON FIRST READING by the following vote:
                 Ayes: 10 - Brown, Cohen, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee
                 Excused: 1 - Fewer


180935 [Planning Code, Zoning Map - 1550 Evans Avenue Special Use District]
            Sponsor: Cohen
            Ordinance amending the Planning Code and Zoning Map to create the 1550 Evans Avenue
            Special Use District; 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 under Planning Code, Section 302.
            PASSED ON FIRST READING by the following vote:
                 Ayes: 10 - Brown, Cohen, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee
                 Excused: 1 - Fewer


181026 [Public Works Code - Temporary Mobile Caterer Permit]
            Sponsor: Mandelman
            Ordinance amending the Public Works Code to create a Temporary Mobile Caterer permit for
            restaurants that cannot operate during mandatory seismic retrofits of their buildings.
            PASSED ON FIRST READING by the following vote:
                 Ayes: 10 - Brown, Cohen, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee
                 Excused: 1 - Fewer

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### [Page 5](https://sfbos.info/documents/554/2018-12-04-minutes#page-5)

Board of Supervisors                             Meeting Minutes                                               12/4/2018




Referred Without Recommendation from the Land Use and Transportation Committee

181028 [Planning Code - Off-Street Parking Requirements]
            Sponsors: Kim; Peskin, Brown and Mandelman
            Ordinance amending the Planning Code to eliminate minimum off-street parking requirements
            City-wide; and making findings under the California Environmental Quality Act, 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.
            Privilege of the floor was granted unanimously to Jon Givner (Office of the City Attorney) who
            responded to questions raised throughout the discussion.

            Supervisor Cohen, seconded by Supervisor Safai, moved that this Ordinance be AMENDED by
            removing District 10 from the requirements of this Ordinance to eliminate minimum off-street
            parking. Before the vote was taken, Supervisor Cohen rescinded this motion.
            Supervisor Yee requested this Ordinance be DUPLICATED.

            See duplicated File No. 181184.
            PASSED ON FIRST READING by the following vote:
                 Ayes: 6 - Brown, Kim, Mandelman, Peskin, Ronen, Tang
                 Noes: 4 - Cohen, Safai, Stefani, Yee
                 Excused: 1 - Fewer


181184 [Planning Code - Off-Street Parking Requirements]
            Sponsor: Kim
            Ordinance amending the Planning Code to eliminate minimum off-street parking requirements
            City-wide; and making findings under the California Environmental Quality Act, 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.
            Duplicated from File No. 181028.
            Supervisor Yee, seconded by Supervisor Kim, moved that this Ordinance be REFERRED to the Land
            Use and Transportation Committee. The motion carried by the following vote:
                 Ayes: 10 - Brown, Cohen, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee
                 Excused: 1 - Fewer




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