# Board of Supervisors Minutes: November 5, 2019 - Meeting date: 2019-11-05 - Document type: minutes - Pages in official PDF: 32 - [Canonical HTML transcript](https://sfbos.info/documents/628/2019-11-05-minutes) - [Authoritative City PDF](https://sfgov.legistar.com/View.ashx?M=M&ID=735699&GUID=ADBA2121-3601-442B-9F41-96DE33FF34A9) > This text was extracted for search and accessibility. The linked City PDF is the authoritative public record. ## Structured legislative records ### File 191038: Preparation of Findings to Reverse the Final Environmental Impact Report Certification - Proposed Project at 3333 California Street - Pages: 16-17 - Vote 1: continuance - Action: 191038 [Preparation of Findings to Reverse the Final Environmental Impact Report Certification - Proposed Project at 3333 California 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 prepared for the proposed project at 3333 California Street. (Clerk of the Board) Supervisor Stefani, seconded by Supervisor Safai, moved that this Motion be CONTINUED to the Board of Supervisors meeting of November 12, 2019. The motion carried by the following vote: - Ayes: Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, Yee - Excused: Brown - Vote 2: rescission - Action: Supervisor Stefani, seconded by Supervisor Mandelman, moved to rescind the previous vote in order to allow additional public comment. The motion carried by the following vote: - Ayes: Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, Yee - Excused: Brown - Vote 3: continuance - 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 Stefani, seconded by Supervisor Ronen, moved that this Motion be CONTINUED to the Board of Supervisors meeting of November 12, 2019. The motion carried by the following vote: - Ayes: Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, Yee - Excused: Brown ### File 191039: Hearing - Appeal of Conditional Use Authorization - Proposed Project at 3333 California Street - Pages: 17-18 - Vote 1: continuance - Action: y to change of use to residential use, pursuant to Planning Code, Sections 253, 303 and 304, of the Planning Code modifications to the Rear Yard Requirements (Section 134), Permitted Obstructions (Section 136), Dwelling Unit Exposure (Section 140), General Standards for Off-Street Parking, Freight Loading, and Service Vehicle Facilities (Section 155); Dwelling Unit Density (Section 207), and Measurement of Height (Section 260), within the RM-1 (Residential, Mixed, Low Density) Zoning District and a 40-X, 67-X, 80-X, and 92-X Height and Bulk District. (District 2) (Appellant: Kathryn Devincenzi, on behalf of Laurel Heights Improvement Association of San Francisco, Inc.) (Filed October 7, 2019) (Clerk of the Board) President Yee opened the public hearings and indicated these matters will be continued to a later date. The President then asked if any individual would like to address the Board regarding the continuance. There were no speakers. President Yee closed public comment on the continuance. Supervisor Stefani, seconded by Supervisor Safai, moved that this Hearing be CONTINUED OPEN to the Board of Supervisors meeting of November 12, 2019. The motion carried by the following vote: - Ayes: Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, Yee - Excused: Brown - Vote 2: rescission - Action: Supervisor Stefani, seconded by Supervisor Mandelman, moved to rescind the previous vote in order to allow additional public comment. The motion carried by the following vote: - Ayes: Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, Yee - Excused: Brown - Vote 3: continuance - Action: Krisanthy Desby; Speaker; spoke on various concerns regarding the project and the proposed continuances. There were no other speakers. President Yee re-closed public comment on the continuance. Privilege of the floor was granted unanimously to Jon Givner (Office of the City Attorney) who responded to questions raised throughout the discussion. Supervisor Stefani, seconded by Supervisor Ronen, moved that this Hearing be CONTINUED to the Board of Supervisors meeting of November 12, 2019. The motion carried by the following vote: - Ayes: Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, Yee - Excused: Brown ### File 191040: Approving Conditional Use Authorization - 3333 California Street - Pages: 18 - Vote 1: continuance - Action: 191040 [Approving Conditional Use Authorization - 3333 California Street] Motion approving the decision of the Planning Commission by its Motion No. 20516, approving a Conditional Use Authorization, identified as Planning Case No. 2015-014028CUA, for a proposed project located at 3333 California Street; and adopting findings pursuant to Planning Code, Section 101.1. (Clerk of the Board) Supervisor Stefani, seconded by Supervisor Safai, moved that this Motion be CONTINUED to the Board of Supervisors meeting of November 12, 2019. The motion carried by the following vote: - Ayes: Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, Yee - Excused: Brown - Vote 2: rescission - Action: Supervisor Stefani, seconded by Supervisor Mandelman, moved to rescind the previous vote in order to allow additional public comment. The motion carried by the following vote: - Ayes: Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, Yee - Excused: Brown - Vote 3: continuance - 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 Stefani, seconded by Supervisor Ronen, moved that this Motion be CONTINUED to the Board of Supervisors meeting of November 12, 2019. The motion carried by the following vote: - Ayes: Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, Yee - Excused: Brown ### File 191041: Conditionally Disapproving Conditional Use Authorization - 3333 California Street - Pages: 18-19 - Vote 1: continuance - Action: 191041 [Conditionally Disapproving Conditional Use Authorization - 3333 California Street] Motion conditionally disapproving the decision of the Planning Commission by its Motion No. 20516, approving a Conditional Use Authorization, identified as Planning Case No. 2015-014028CUA, for a proposed project located at 3333 California Street, subject to the adoption of written findings by the Board in support of this determination. (Clerk of the Board) (Charter, Section 4.105, and Planning Code, Section 308.1(d), provides that the Board of Supervisors may disapprove the decision of the Planning Commission by a vote of not less than two-thirds of the members of the Board (eight votes).) Supervisor Stefani, seconded by Supervisor Safai, moved that this Motion be CONTINUED to the Board of Supervisors meeting of November 12, 2019. The motion carried by the following vote: - Ayes: Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, Yee - Excused: Brown - Vote 2: rescission - Action: Supervisor Stefani, seconded by Supervisor Mandelman, moved to rescind the previous vote in order to allow additional public comment. The motion carried by the following vote: - Ayes: Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, Yee - Excused: Brown - Vote 3: continuance - 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 Stefani, seconded by Supervisor Ronen, moved that this Motion be CONTINUED to the Board of Supervisors meeting of November 12, 2019. The motion carried by the following vote: - Ayes: Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, Yee - Excused: Brown ## Extracted text ### [Page 17](https://sfbos.info/documents/628/2019-11-05-minutes#page-17) Board of Supervisors Meeting Minutes 11/5/2019 SPECIAL ORDER 3:00 P.M. 191039 [Hearing - Appeal of Conditional Use Authorization - Proposed Project at 3333 California Street] Hearing of persons interested in or objecting to the certification of a Conditional Use Authorization and planned development for a proposed project at 3333 California Street, Assessor’s Parcel Block No. 1032, Lot No. 003, identified in Planning Case No. 2015-014028CUA, issued by the Planning Commission by Motion No. 20516, dated September 5, 2019, to allow structures to exceed 40 feet in height within an RM (Residential, Mixed) Zoning District and 3333 California Street Special Use District and for an existing child care facility to change of use to residential use, pursuant to Planning Code, Sections 253, 303 and 304, of the Planning Code modifications to the Rear Yard Requirements (Section 134), Permitted Obstructions (Section 136), Dwelling Unit Exposure (Section 140), General Standards for Off-Street Parking, Freight Loading, and Service Vehicle Facilities (Section 155); Dwelling Unit Density (Section 207), and Measurement of Height (Section 260), within the RM-1 (Residential, Mixed, Low Density) Zoning District and a 40-X, 67-X, 80-X, and 92-X Height and Bulk District. (District 2) (Appellant: Kathryn Devincenzi, on behalf of Laurel Heights Improvement Association of San Francisco, Inc.) (Filed October 7, 2019) (Clerk of the Board) President Yee opened the public hearings and indicated these matters will be continued to a later date. The President then asked if any individual would like to address the Board regarding the continuance. There were no speakers. President Yee closed public comment on the continuance. Supervisor Stefani, seconded by Supervisor Safai, moved that this Hearing be CONTINUED OPEN to the Board of Supervisors meeting of November 12, 2019. The motion carried by the following vote: Ayes: 10 - Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, Yee Excused: 1 - Brown Supervisor Stefani, seconded by Supervisor Mandelman, moved to rescind the previous vote in order to allow additional public comment. The motion carried by the following vote: Ayes: 10 - Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, Yee Excused: 1 - Brown Krisanthy Desby; Speaker; spoke on various concerns regarding the project and the proposed continuances. There were no other speakers. President Yee re-closed public comment on the continuance. Privilege of the floor was granted unanimously to Jon Givner (Office of the City Attorney) who responded to questions raised throughout the discussion. Supervisor Stefani, seconded by Supervisor Ronen, moved that this Hearing be CONTINUED to the Board of Supervisors meeting of November 12, 2019. The motion carried by the following vote: Ayes: 10 - Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, Yee Excused: 1 - Brown City and County of San Francisco Page 930 Printed at 3:45 pm on 12/9/19 ### [Page 18](https://sfbos.info/documents/628/2019-11-05-minutes#page-18) Board of Supervisors Meeting Minutes 11/5/2019 191040 [Approving Conditional Use Authorization - 3333 California Street] Motion approving the decision of the Planning Commission by its Motion No. 20516, approving a Conditional Use Authorization, identified as Planning Case No. 2015-014028CUA, for a proposed project located at 3333 California Street; and adopting findings pursuant to Planning Code, Section 101.1. (Clerk of the Board) Supervisor Stefani, seconded by Supervisor Safai, moved that this Motion be CONTINUED to the Board of Supervisors meeting of November 12, 2019. The motion carried by the following vote: Ayes: 10 - Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, Yee Excused: 1 - Brown Supervisor Stefani, seconded by Supervisor Mandelman, moved to rescind the previous vote in order to allow additional public comment. The motion carried by the following vote: Ayes: 10 - Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, Yee Excused: 1 - Brown Privilege of the floor was granted unanimously to Jon Givner (Office of the City Attorney) who responded to questions raised throughout the discussion. Supervisor Stefani, seconded by Supervisor Ronen, moved that this Motion be CONTINUED to the Board of Supervisors meeting of November 12, 2019. The motion carried by the following vote: Ayes: 10 - Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, Yee Excused: 1 - Brown 191041 [Conditionally Disapproving Conditional Use Authorization - 3333 California Street] Motion conditionally disapproving the decision of the Planning Commission by its Motion No. 20516, approving a Conditional Use Authorization, identified as Planning Case No. 2015-014028CUA, for a proposed project located at 3333 California Street, subject to the adoption of written findings by the Board in support of this determination. (Clerk of the Board) (Charter, Section 4.105, and Planning Code, Section 308.1(d), provides that the Board of Supervisors may disapprove the decision of the Planning Commission by a vote of not less than two-thirds of the members of the Board (eight votes).) Supervisor Stefani, seconded by Supervisor Safai, moved that this Motion be CONTINUED to the Board of Supervisors meeting of November 12, 2019. The motion carried by the following vote: Ayes: 10 - Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, Yee Excused: 1 - Brown Supervisor Stefani, seconded by Supervisor Mandelman, moved to rescind the previous vote in order to allow additional public comment. The motion carried by the following vote: Ayes: 10 - Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, Yee Excused: 1 - Brown Privilege of the floor was granted unanimously to Jon Givner (Office of the City Attorney) who responded to questions raised throughout the discussion. Supervisor Stefani, seconded by Supervisor Ronen, moved that this Motion be CONTINUED to the Board of Supervisors meeting of November 12, 2019. The motion carried by the following vote: Ayes: 10 - Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, Yee Excused: 1 - Brown City and County of San Francisco Page 931 Printed at 3:45 pm on 12/9/19