# Board of Supervisors Minutes: December 7, 2021 - Meeting date: 2021-12-07 - Document type: minutes - Source format: PDF - Extracted pages: 25 - [Canonical HTML transcript](https://sfbos.info/documents/810/2021-12-07-minutes) - [Authoritative City source](https://sfgov.legistar.com/View.ashx?M=M&ID=910327&GUID=77D88CD9-19AE-4D32-B028-1B0F43A3E27F) > This text was extracted for search and accessibility. The linked City source is the authoritative public record. ## Structured legislative records ### File 211187: Hearing - Appeal of Conditional Use Authorization Approval - 3832-18th Street - Pages: 14 - Vote 1: continuance - Action: s from the development standards for rear yard (Planning Code, Section 134), dwelling unit exposure (Planning Code, Section 140), and maximum height limit (Planning Code, Section 260) that would construct a new five-story, 50-foot tall, residential building (approximately 10,023 square feet) with 19 group housing units located within the RM-1 (Residential-Mixed, Low Density) Zoning District and a 40-X Height and Bulk District. (District 8) (Appellant: Athanassios Diacakis) (Filed November 12, 2021) (Clerk of the Board) President Walton opened the public hearing and Supervisor Mandelman provided brief remarks, indicating he would be making a motion to continue this Hearing and its associated Motions to a future date. The President then inquired as to whether any individual wished to address the Board on the proposed continuance. Troy Maiken; spoke on various concerns relating to the proposed continuance. There were no other speakers. President Walton closed public comment on the continuance. Supervisor Mandelman, seconded by Supervisor Stefani, moved that this Hearing be CONTINUED OPEN to the Board of Supervisors meeting of January 11, 2022. The motion carried by the following vote: - Ayes: Chan, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton - Excused: Melgar ### File 211188: Approving Conditional Use Authorization - 3832-18th Street - Pages: 14-15 - Vote 1: continuance - Action: 211188 [Approving Conditional Use Authorization - 3832-18th Street] Motion approving the decision of the Planning Commission by its Motion No. 21016, approving a Conditional Use Authorization, identified as Planning Case No. 2020-001610CUA, for a proposed project located at 3832-18th Street; and making environmental findings, and findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Clerk of the Board) Supervisor Mandelman, seconded by Supervisor Stefani, moved that this Motion be CONTINUED to the Board of Supervisors meeting of January 11, 2022. The motion carried by the following vote: - Ayes: Chan, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton - Excused: Melgar ### File 211189: Conditionally Disapproving the Conditional Use Authorization - 3832-18th Street - Pages: 15 - Vote 1: continuance - Action: 211189 [Conditionally Disapproving the Conditional Use Authorization - 3832-18th Street] Motion conditionally disapproving the decision of the Planning Commission by its Motion No. 21016, approving a Conditional Use Authorization, identified as Planning Case No. 2020-001610CUA, for a proposed project at 3832-18th 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 (8 votes) of the members of the Board.) Supervisor Mandelman, seconded by Supervisor Stefani, moved that this Motion be CONTINUED to the Board of Supervisors meeting of January 11, 2022. The motion carried by the following vote: - Ayes: Chan, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton - Excused: Melgar ### File 211190: Preparation of Findings Related to Conditional Use Authorization - 3832-18th Street - Pages: 15 - Vote 1: continuance - Action: 211190 [Preparation of Findings Related to Conditional Use Authorization - 3832-18th Street] Motion directing the Clerk of the Board to prepare findings in support of the Board of Supervisors' disapproval of the proposed Conditional Use Authorization, identified as Planning Case No. 2020-001610CUA, for a proposed project at 3832-18th Street. (Clerk of the Board) Supervisor Mandelman, seconded by Supervisor Stefani, moved that this Motion be CONTINUED to the Board of Supervisors meeting of January 11, 2022. The motion carried by the following vote: - Ayes: Chan, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton - Excused: Melgar ### File 211074: Settlement of Lawsuit - Judy O’Neil - $2,500,000 - Pages: 15-16 - Vote 1: first-reading - Action: 211074 [Settlement of Lawsuit - Judy O’Neil - $2,500,000] Ordinance authorizing settlement of the lawsuit filed by Judy O’Neil against the City and County of San Francisco for $2,500,000; the lawsuit was filed on December 19, 2017, in U.S. District Court for the Northern District of California, Case No. 17-cv-07190; entitled Judy O’Neil v. City and County of San Francisco, et al.; the lawsuit involves an officer involved shooting that resulted in the death of Keita O’Neil. (City Attorney) PASSED ON FIRST READING by the following vote: - Ayes: Chan, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton - Excused: Melgar ## Extracted text ### [Page 14](https://sfbos.info/documents/810/2021-12-07-minutes#page-14) Board of Supervisors Meeting Minutes 12/7/2021 SPECIAL ORDER 3:00 P.M. President Walton requested File Nos. 211187, 211188, 211189, and 211190 be called together. 211187 [Hearing - Appeal of Conditional Use Authorization Approval - 3832-18th Street] Hearing of persons interested in or objecting to the approval of a Conditional Use Authorization pursuant to Sections 209.2, 253, 303, and 317, of the Planning Code, for a proposed project at 3832-18th Street, Assessor's Parcel Block No. 3580, Lot No. 018, identified in Planning Case No. 2020-001610CUA, issued by the Planning Commission by Motion No. 21016, dated October 14, 2021, to allow demolition of a single-family residence and approval of an individually requested state density bonus project pursuant to Planning Code, Section 206.6 (using the State Density Bonus Law (California Government Code, Sections 65915-65918)), for the project invoking waivers from the development standards for rear yard (Planning Code, Section 134), dwelling unit exposure (Planning Code, Section 140), and maximum height limit (Planning Code, Section 260) that would construct a new five-story, 50-foot tall, residential building (approximately 10,023 square feet) with 19 group housing units located within the RM-1 (Residential-Mixed, Low Density) Zoning District and a 40-X Height and Bulk District. (District 8) (Appellant: Athanassios Diacakis) (Filed November 12, 2021) (Clerk of the Board) President Walton opened the public hearing and Supervisor Mandelman provided brief remarks, indicating he would be making a motion to continue this Hearing and its associated Motions to a future date. The President then inquired as to whether any individual wished to address the Board on the proposed continuance. Troy Maiken; spoke on various concerns relating to the proposed continuance. There were no other speakers. President Walton closed public comment on the continuance. Supervisor Mandelman, seconded by Supervisor Stefani, moved that this Hearing be CONTINUED OPEN to the Board of Supervisors meeting of January 11, 2022. The motion carried by the following vote: Ayes: 10 - Chan, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton Excused: 1 - Melgar 211188 [Approving Conditional Use Authorization - 3832-18th Street] Motion approving the decision of the Planning Commission by its Motion No. 21016, approving a Conditional Use Authorization, identified as Planning Case No. 2020-001610CUA, for a proposed project located at 3832-18th Street; and making environmental findings, and findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Clerk of the Board) Supervisor Mandelman, seconded by Supervisor Stefani, moved that this Motion be CONTINUED to the Board of Supervisors meeting of January 11, 2022. The motion carried by the following vote: Ayes: 10 - Chan, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton Excused: 1 - Melgar City and County of San Francisco Page 971 Printed at 9:14 pm on 1/10/22 ### [Page 15](https://sfbos.info/documents/810/2021-12-07-minutes#page-15) Board of Supervisors Meeting Minutes 12/7/2021 211189 [Conditionally Disapproving the Conditional Use Authorization - 3832-18th Street] Motion conditionally disapproving the decision of the Planning Commission by its Motion No. 21016, approving a Conditional Use Authorization, identified as Planning Case No. 2020-001610CUA, for a proposed project at 3832-18th 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 (8 votes) of the members of the Board.) Supervisor Mandelman, seconded by Supervisor Stefani, moved that this Motion be CONTINUED to the Board of Supervisors meeting of January 11, 2022. The motion carried by the following vote: Ayes: 10 - Chan, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton Excused: 1 - Melgar 211190 [Preparation of Findings Related to Conditional Use Authorization - 3832-18th Street] Motion directing the Clerk of the Board to prepare findings in support of the Board of Supervisors' disapproval of the proposed Conditional Use Authorization, identified as Planning Case No. 2020-001610CUA, for a proposed project at 3832-18th Street. (Clerk of the Board) Supervisor Mandelman, seconded by Supervisor Stefani, moved that this Motion be CONTINUED to the Board of Supervisors meeting of January 11, 2022. The motion carried by the following vote: Ayes: 10 - Chan, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton Excused: 1 - Melgar COMMITTEE REPORTS Recommendations of the Government Audit and Oversight Committee 211074 [Settlement of Lawsuit - Judy O’Neil - $2,500,000] Ordinance authorizing settlement of the lawsuit filed by Judy O’Neil against the City and County of San Francisco for $2,500,000; the lawsuit was filed on December 19, 2017, in U.S. District Court for the Northern District of California, Case No. 17-cv-07190; entitled Judy O’Neil v. City and County of San Francisco, et al.; the lawsuit involves an officer involved shooting that resulted in the death of Keita O’Neil. (City Attorney) PASSED ON FIRST READING by the following vote: Ayes: 10 - Chan, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton Excused: 1 - Melgar City and County of San Francisco Page 972 Printed at 9:14 pm on 1/10/22