# Board of Supervisors Minutes: October 8, 2019 - Meeting date: 2019-10-08 - Document type: minutes - Source format: PDF - Extracted pages: 24 - [Canonical HTML transcript](https://sfbos.info/documents/622/2019-10-08-minutes) - [Authoritative City source](https://sfgov.legistar.com/View.ashx?M=M&ID=724390&GUID=95CAA9EC-4193-4317-A6FD-E8AC8E4186D0) > This text was extracted for search and accessibility. The linked City source is the authoritative public record. ## Structured legislative records ### File 190890: Hearing - Appeal of Determination of Community Plan Evaluation - 344-14th Street - Pages: 12 ### File 190891: Affirming the Community Plan Evaluation - 344-14th Street - Pages: 12-13 - Vote 1: approval, likely final - Action: 190891 [Affirming the Community Plan Evaluation - 344-14th Street] Motion affirming the determination by the Planning Department that a proposed project at 344-14th Street is exempt from further environmental review under a Community Plan Evaluation. (Clerk of the Board) Motion No. M19-144 Supervisor Ronen, seconded by Supervisor Fewer, moved that this Motion be APPROVED. The motion carried by the following vote: - Ayes: Brown, Fewer, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Yee - Excused: Haney, Walton ### File 190892: Conditionally Reversing the Community Plan Evaluation - 344-14th Street - Pages: 13 - Vote 1: tabling - Action: 190892 [Conditionally Reversing the Community Plan Evaluation - 344-14th Street] Motion conditionally reversing the determination by the Planning Department that the proposed project at 344-14th 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 Ronen, seconded by Supervisor Fewer, moved that this Motion be TABLED. The motion carried by the following vote: - Ayes: Brown, Fewer, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Yee - Excused: Haney, Walton ### File 190893: Preparation of Findings to Reverse the Community Plan Evaluation - 344-14th Street - Pages: 13 - Vote 1: tabling - Action: 190893 [Preparation of Findings to Reverse the Community Plan Evaluation - 344-14th 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 344-14th Street is exempt from further environmental review under a Community Plan Evaluation. (Clerk of the Board) Supervisor Ronen, seconded by Supervisor Fewer, moved that this Motion be TABLED. The motion carried by the following vote: - Ayes: Brown, Fewer, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Yee - Excused: Haney, Walton ### File 190899: Administrative Code - Compliance with Right to Return for Temporarily Displaced Tenants - Pages: 13 - Sponsors: Peskin; Brown, Walton and Mandelman - Vote 1: first-reading - Action: 190899 [Administrative Code - Compliance with Right to Return for Temporarily Displaced Tenants] Sponsors: Peskin; Brown, Walton and Mandelman Ordinance amending the Administrative Code to clarify that temporary evictions for capital improvements are intended to cover work that would make the unit hazardous, unhealthy, and/or uninhabitable, and are intended to last for the minimum amount of time required to complete the work; modify the standards that the Rent Board must consider when reviewing a request to authorize a temporary eviction for capital improvements to last more than three months; establish procedures for the landlord to inform the displaced tenant of the tenant’s right to reoccupy the unit upon completion of the work; and establish that a landlord’s failure to timely allow the tenant to reoccupy the unit may create a rebuttable presumption that the tenancy has been terminated by the landlord rather than by the tenant. Supervisor Mandelman requested to be added as a co-sponsor. PASSED ON FIRST READING by the following vote: - Ayes: Brown, Fewer, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Yee - Excused: Haney, Walton ## Extracted text ### [Page 12](https://sfbos.info/documents/622/2019-10-08-minutes#page-12) Board of Supervisors Meeting Minutes 10/8/2019 SPECIAL ORDER 3:00 P.M. President Yee requested File Nos. 190890, 190891, 190892, and 190893 be called together. 190890 [Hearing - Appeal of Determination of Community Plan Evaluation - 344-14th Street] Hearing of persons interested in or objecting to a Community Plan Evaluation by the Planning Department under the California Environmental Quality Act issued on May 30, 2019, for the proposed project at 344-14th Street, approved on July 25, 2019, proposing new construction of a seven-story, 78-foot tall, mixed use residential building (measuring approximately 84,630 square feet) with 5,890 square feet of ground floor retail use and 60 dwelling units, consisting of four studio units, 17 one-bedroom units, 14 two-bedroom/one-bathroom units, and 25 two-bedroom/two-bathroom units which would utilize the state density bonus law and invoke waivers from the development standards for: rear yard (Planning Code, Section 134), usable open space (Planning Code, Section 135), and height (Planning Code, Section 260), located at Lot No. 013 in Assessor's Parcel Block No. 3532, within the Urban Mixed Use (UMU) Zoning District and a 58-X Height and Bulk District. (District 9) (Appellant: Larisa Pedroncelli and Kelly Hill, on behalf of Our Mission No Eviction) (Filed August 26, 2019) (Clerk of the Board) President Yee opened the public hearing and inquired as to whether any individual wished to address the Board. Supervisor Ronen provided opening remarks and background information on the project and appeal. Larisa Pedroncelli and Kelly Hill (Appellants) provided an overview of the appeal, responded to questions raised throughout the discussion, and further requested the Board to approve the appeal. Francisco Da Costa; Joel Montenegro; Francesca Granhold; Maria Chavez; Speaker; Speaker; Speaker; Roberto Hernandez; Speaker; spoke in support of the appeal. Sherrie George and Lisa Gibson (Planning Department) provided an overview of the decision of the Planning Department and responded to questions raised throughout the discussion. John Kevlin, Reuben, Junius & Rose, LLP (on behalf of the Project Sponsor), 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. Craig Shields (Rockridge Geotechnical) presented additional information and answered questions raised throughout the discussions. Speaker; spoke in support of the project and in opposition to the appeal. Larisa Pedroncelli and Kelly Hill (Appellant) provided a rebuttal and further requested the Board to approve the appeal. There were no other speakers. President Yee closed public comment and declared the public hearing heard and filed. HEARD AND FILED 190891 [Affirming the Community Plan Evaluation - 344-14th Street] Motion affirming the determination by the Planning Department that a proposed project at 344-14th Street is exempt from further environmental review under a Community Plan Evaluation. (Clerk of the Board) Motion No. M19-144 Supervisor Ronen, seconded by Supervisor Fewer, moved that this Motion be APPROVED. The motion carried by the following vote: Ayes: 9 - Brown, Fewer, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Yee Excused: 2 - Haney, Walton City and County of San Francisco Page 851 Printed at 2:35 pm on 11/1/19 ### [Page 13](https://sfbos.info/documents/622/2019-10-08-minutes#page-13) Board of Supervisors Meeting Minutes 10/8/2019 190892 [Conditionally Reversing the Community Plan Evaluation - 344-14th Street] Motion conditionally reversing the determination by the Planning Department that the proposed project at 344-14th 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 Ronen, seconded by Supervisor Fewer, moved that this Motion be TABLED. The motion carried by the following vote: Ayes: 9 - Brown, Fewer, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Yee Excused: 2 - Haney, Walton 190893 [Preparation of Findings to Reverse the Community Plan Evaluation - 344-14th 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 344-14th Street is exempt from further environmental review under a Community Plan Evaluation. (Clerk of the Board) Supervisor Ronen, seconded by Supervisor Fewer, moved that this Motion be TABLED. The motion carried by the following vote: Ayes: 9 - Brown, Fewer, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Yee Excused: 2 - Haney, Walton COMMITTEE REPORTS Recommendation of the Rules Committee 190899 [Administrative Code - Compliance with Right to Return for Temporarily Displaced Tenants] Sponsors: Peskin; Brown, Walton and Mandelman Ordinance amending the Administrative Code to clarify that temporary evictions for capital improvements are intended to cover work that would make the unit hazardous, unhealthy, and/or uninhabitable, and are intended to last for the minimum amount of time required to complete the work; modify the standards that the Rent Board must consider when reviewing a request to authorize a temporary eviction for capital improvements to last more than three months; establish procedures for the landlord to inform the displaced tenant of the tenant’s right to reoccupy the unit upon completion of the work; and establish that a landlord’s failure to timely allow the tenant to reoccupy the unit may create a rebuttable presumption that the tenancy has been terminated by the landlord rather than by the tenant. Supervisor Mandelman requested to be added as a co-sponsor. PASSED ON FIRST READING by the following vote: Ayes: 9 - Brown, Fewer, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Yee Excused: 2 - Haney, Walton ROLL CALL FOR INTRODUCTIONS See Legislation Introduced below. City and County of San Francisco Page 852 Printed at 2:35 pm on 11/1/19