Board of Supervisors Minutes: September 3, 2019

190214 [Building Code - Fee Waiver for 100% Affordable Housing and Accessory Dwelling Units] Sponsors: Mayor; Brown and Mar Ordinance amending the Building Code to waive specified fees for 100% affordable housing projects, as defined herein, and certain accessory dwelling unit projects for an approximately one-year pilot program; and affirming the Planning Department’s determination under the California Environmental Quality Act. (Fiscal Impact) Ordinance No. 207-19 FINALLY PASSED by the following vote:

Ayes: Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, Yee

orhood commercial districts, to amend the definition of General Entertainment to include Amusement Game Arcade, to allow mechanical amusement games as a principally permitted use on the first story in the Haight Street Neighborhood Commercial District, to allow General Entertainment uses on higher floors in the Japantown Neighborhood Commercial District, to allow Limited Restaurant use as an Accessory Use, and to revise the Upper Market Neighborhood Commercial Transit (NCT) District to allow General Entertainment as a principal use on the first and second stories; amending the Police Code to eliminate certain duplicative inspections and signoffs in connection with Place of Entertainment permits, and amending the definition of Limited Live Performance Locale to remove the requirement for food and beverage service; 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 public necessity, convenience, and welfare findings pursuant to Planning Code, Section 302. Ordinance No. 205-19 FINALLY PASSED by the following vote:

Ayes: Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, Yee

190048 [Planning Code - Building Standards] Sponsor: Mandelman Ordinance amending the Planning Code to 1) require building setbacks for buildings fronting on narrow streets, 2) modify front yard requirements in Residential Districts, 3) increase required rear yards in single-family zoning districts by five percent, 4) amend the rear yard requirements for through lots and corner lots in certain districts to permit second buildings where specified conditions are met, and 5) allow building height increases to existing stories in existing nonconforming buildings in order to accommodate residential uses; 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 adopting findings of public necessity, convenience, and general welfare under Planning Code, Section 302. Ordinance No. 206-19 FINALLY PASSED by the following vote:

Ayes: Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, Yee

180777 [Planning Code - Conditional Use Authorization Required for Employee Cafeterias within Office Space] Sponsors: Safai; Peskin and Brown Ordinance amending the Planning Code to require a conditional use authorization for Employee Cafeterias, as defined, within office space, except for existing Employee Cafeterias; 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 adopting findings of public necessity, convenience, and welfare under Planning Code, Section 302. Supervisor Safai, seconded by Supervisor Peskin, moved that this Ordinance be RE-REFERRED to the Land Use and Transportation Committee. The motion carried by the following vote:

Ayes: Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, Yee

190594 [Planning Code - Reorganization of Chinatown Mixed Use Districts] Ordinance amending the Planning Code to revise the zoning control tables of the Chinatown Mixed Use Districts to make them consistent with those in Articles 2 and 7, to apply the use definitions in Section 102, to set an abandonment period for use size maximums, and to allow General Entertainment and Nighttime Entertainment Uses with conditional use authorization; 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 adopting findings of public necessity, convenience, and welfare under Planning Code, Section 302. (Planning Commission) Supervisor Peskin, seconded by Supervisor Stefani, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 20, Line 13, on Page 31, Line 20, and Page 43, Line 8, by striking ‘Philanthropic Administrative Services’ as a use classification from all three Chinatown Mixed Use Districts; and making other clarifying and conforming changes. The motion carried by the following vote:

Ayes: Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, Yee

PASSED ON FIRST READING AS AMENDED by the following vote:

Ayes: Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, Yee

190702 [Planning Code - New Rooftop Floor Area or Building Volume on Noncomplying Structure Designated as a Significant Building - 5 Third Street] Ordinance amending the Planning Code to permit new floor area or building volume on the rooftop of a noncomplying structure that is designated as a Significant Building under Planning Code, Article 11, located on Assessor’s Parcel Block No. 3707 (5 Third Street), provided that the rooftop has an existing parapet at least 17 feet in height along the primary building frontage; 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. (Planning Department) PASSED ON FIRST READING by the following vote:

Ayes: Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, Yee

190728 [Liquor License - 1519 Polk Street - Ora] Resolution determining that the issuance of a Type-42 on-sale beer and wine public premises liquor license to Nunovi, LLC, doing business as Ora, located at 1519 Polk Street (District 3), will serve the public convenience or necessity of the City and County of San Francisco; and requesting that the California Department of Alcoholic Beverage Control impose conditions on the issuance of the license. (Public Safety and Neighborhood Services Committee) Resolution No. 381-19 ADOPTED by the following vote:

Ayes: Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, Yee

190657 [Administrative Code - San Francisco Special Tax Financing Law - Port of San Francisco] Sponsor: Mayor Ordinance amending the San Francisco Administrative Code Special Tax Financing Law, constituting Article 43.10, to authorize special tax financing of certain facilities and services related to property in the jurisdiction of the Port of San Francisco. PASSED ON FIRST READING by the following vote:

Ayes: Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, Yee

190827 [Affirming the Community Plan Evaluation - 655 Fourth Street] Motion affirming the determination by the Planning Department that a proposed project at 655 Fourth Street is exempt from further environmental review under a Community Plan Evaluation. (Clerk of the Board) Motion No. M19-132 Supervisor Haney, seconded by Supervisor Mandelman, moved that this Motion be APPROVED. The motion carried by the following vote:

Ayes: Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, Yee

190828 [Conditionally Reversing the Community Plan Evaluation - 655 Fourth Street] Motion conditionally reversing the determination by the Planning Department that the proposed project at 655 Fourth Street is exempt from further environmental review under a Community Plan Evaluation, subject to the adoption of written findings of the Board in support of this determination. (Clerk of the Board) Supervisor Haney, seconded by Supervisor Mandelman, moved that this Motion be TABLED. The motion carried by the following vote:

Ayes: Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, Yee

190829 [Preparation of Findings to Reverse the Community Plan Evaluation - 655 Fourth Street] Motion directing the Clerk of the Board to prepare findings reversing a Community Plan Evaluation determination by the Planning Department that a proposed project at 655 Fourth Street is exempt from further environmental review under a Community Plan Evaluation. (Clerk of the Board) Supervisor Haney, seconded by Supervisor Mandelman, moved that this Motion be TABLED. The motion carried by the following vote:

Ayes: Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, Yee

190654 [Street and Public Service Easement Vacation Order - Mission Rock Project] Sponsors: Mayor; Haney Ordinance ordering the street vacation of the entirety of Seawall Lot 337 (located east of Third Street between China Basin Channel and Mission Rock Street, including China Basin Park) and portions of Terry A. Francois Boulevard along with public service easements in connection with the Mission Rock Project; reserving various temporary rights in favor of the City and PG&E, subject to conditions specified in this Ordinance; authorizing official acts in connection with this Ordinance, as defined herein; adopting findings 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. Although it was not required, Supervisor Peskin, seconded by Supervisor Safai, moved that this Ordinance be PASSED ON FIRST READING. The motion carried by the following vote:

Ayes: Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, Yee

; Walton Ordinance ordering the vacation of streets in the Potrero HOPE SF Project - Phase 2 (Blocks A and B) site, generally bounded by 25th Street on the north, 26th Street on the south, Wisconsin Street on the west, and Connecticut Street on the east; allowing a reservation of rights for electric utilities access at the southwest corner of 25th Street and Wisconsin Street and required pedestrian access; authorizing the City to quitclaim its interest in the vacation areas to the San Francisco Housing Authority; affirming the Planning Department’s determination under the California Environmental Quality Act; adopting findings that the actions contemplated in this Ordinance are consistent with the General Plan, and the eight priority policies of Planning Code, Section 101.1; and authorizing official acts in connection with this Ordinance, as defined herein, including transmittal of the Ordinance by the Clerk of the Board of Supervisors to the Public Works Director for purposes of recordation of property rights. Although it was not required, Supervisor Safai, seconded by Supervisor Haney, moved that this Ordinance be PASSED ON FIRST READING. The motion carried by the following vote:

Ayes: Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, Yee

mber 3, 2019. The following Supervisors were noted present: Supervisors Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, and Yee City and County of San Francisco Page 737 Printed at 3:23 pm on 9/30/19 Board of Supervisors Meeting Minutes 9/3/2019 Persons in attendance: Jon Givner and Theresa Mueller, Deputy City Attorneys (Office of the City Attorney); Harlan Kelly, Jr., Director, Barbara Hale, Juliet Ellis, and Eric Sandler (Public Utilities Commission); Randy Wu; and Angela Calvillo, Clerk of the Board, and Alisa Somera, Legislative Deputy Director (Office of the Clerk of the Board). Supervisor Safai was noted absent at 5:34 p.m. and for the remainder of the meeting. Matter was heard in closed session, no action was taken, and the hearing was filed. RECONVENED AS THE BOARD OF SUPERVISORS The Board reconvened at the hour of 5:39 p.m. The following Supervisors were noted present: Supervisors Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Stefani, Walton, and Yee Supervisor Peskin, seconded by Supervisor Walton, moved that this Closed Session be CONTINUED to the Board of Supervisors meeting of October 1, 2019. The motion carried by the following vote:

Ayes: Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Stefani, Walton, Yee

Absent: Safai

[Elect Not to Disclose] Motion that the Board finds that it is in the best interest of the public that the Board elect at this time not to disclose its closed session deliberations. Supervisor Peskin, seconded by Supervisor Walton, moved not to disclose its Closed Session deliberations. The motion carried by the following vote:

Ayes: Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Stefani, Walton, Yee

Absent: Safai

; Federal Energy Regulatory Commission Case No. ER17-2181-000, filed July 31, 2017; Federal Energy Regulatory Commission Case No. ER17-2204, filed July 31, 2017; Federal Energy Regulatory Commission Case No. ER17-1509-000, filed May 1, 2017; Federal Energy Regulatory Commission Case No. ER17-910-000, filed January 31, 2017; Federal Energy Regulatory Commission Case No. EL15-3-000, filed October 10, 2014; Federal Energy Regulatory Commission Case No. ER15-702-000, filed December 23, 2014; Federal Energy Regulatory Commission Case No. ER15-703-000, filed December 23, 2014; Federal Energy Regulatory Commission Case No. ER15-704-000, filed December 23, 2014; Federal Energy Regulatory Commission Case No. ER15-705-000, filed December 23, 2014; Federal Energy Regulatory Commission Case No. ER15-735-000, filed December 23, 2014; California Public Utilities Commission Case No. I.15-08-019, filed February 25, 2015; California Public Utilities Commission Case No. R.18-10-007, filed October 25, 2018; and California Public Utilities Commission Case No. R.19-01-006, filed January 10, 2019. (Clerk of the Board) Motion No. M19-133 APPROVED The foregoing items were acted upon by the following vote:

Ayes: Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, Yee

190841 [Declaring the National Rifle Association as a Domestic Terrorist Organization] Sponsor: Stefani Resolution declaring that the National Rifle Association is a domestic terrorist organization and urging other cities, states, and the federal government to do the same. Resolution No. 382-19 ADOPTED by the following vote:

Ayes: Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, Yee

190857 [Urging Urgent Homelessness Policy Changes] Sponsors: Yee; Haney, Fewer, Peskin, Brown, Stefani and Walton Resolution urging the Department of Homelessness and Supportive Housing to implement urgent policy changes to serve pregnant individuals, families living in single room occupancy units or doubled-up families; and urging the Department to pursue additional policy changes in coordination with the Board of Supervisors. Supervisors Stefani and Walton requested to be added as co-sponsors. ADOPTED by the following vote:

Ayes: Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, Yee

Supervisor Peskin, seconded by Supervisor Ronen, moved to rescind the previous vote. The motion carried by the following vote:

Ayes: Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Stefani, Walton, Yee

Absent: Safai

Supervisor Yee, seconded by Supervisor Peskin, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, by adding verbiage to clarify the difference between the City and County of San Francisco’s and the U.S. Housing and Urban Development’s definition of ‘homelessness’ and their corresponding rate of increase; by adding verbiage to include ‘Family Coordinated Entry Standards’ to the policies the Board is urging to be modified and applied; by clarifying that families living in SROs or doubled-up housing should be subject to these policies; and making other clarifying and conforming changes. The motion carried by the following vote:

Ayes: Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, Yee

Resolution No. 384-19 Although it was not required, Supervisor Haney, seconded by Supervisor Walton, moved that this Resolution be ADOPTED AS AMENDED. The motion carried by the following vote:

Ayes: Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, Yee