# Board of Supervisors Minutes: April 18, 2023

- Meeting date: 2023-04-18
- Document type: minutes
- Source format: PDF
- Extracted pages: 31
- [Canonical HTML transcript](https://sfbos.info/documents/918/2023-04-18-minutes)
- [Authoritative City source](https://sfgov.legistar.com/View.ashx?M=M&ID=1098424&GUID=0DD61F03-5F09-4612-BBC7-771B93F0107B)

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

## Structured legislative records

### File 230286: Approving Conditional Use Authorization - 800 Taraval Street

- Pages: 13-14
- Vote 1: tabling
  - Action: 230286 [Approving Conditional Use Authorization - 800 Taraval Street] Motion approving the decision of the Planning Commission by its Motion No. 21246, approving a Conditional Use Authorization, identified as Planning Case No. 2022-001838CUA, for a proposed project located at 800 Taraval 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 Melgar, seconded by Supervisor Ronen, moved that this Motion be TABLED. The motion carried by the following vote:
  - Ayes: Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

### File 230287: Disapproving the Conditional Use Authorization - 800 Taraval Street

- Pages: 14
- Vote 1: amendment
  - Action: rd 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 Melgar, seconded by Supervisor Ronen, moved that this Motion be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE, on Page 1, Lines 5-6, by adding ‘; and approving a Conditional Use Authorization for the same Planning case and property with different conditions’, and on Lines 16-25, by adding ‘and, be it FURTHER MOVED, That the Board hereby approves a Conditional Use Authorization for the same property subject to the conditions set forth in the document, entitled “Additional Conditions for Conditional Use Authorization at 800 Taraval,” dated April 18, 2023, on file with the Clerk of the Board of Supervisors in File No. 230287, which is hereby declared to be part of this Motion as if set forth fully herein; and, be it FURTHER MOVED, That the Board directs the Clerk to submit copies of this Motion and the document, entitled “Additional Conditions for Conditional Use Authorization at 800 Taraval,” to the Planning Department, Office of Cannabis, and the Department of Public Health.’ The motion carried by the following vote:
  - Ayes: Chan, Dorsey, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Walton
  - Noes: Engardio, Stefani
- Vote 2: approval, likely final
  - Action: Motion disapproving the decision of the Planning Commission by its Motion No. 21246, approving a Conditional Use Authorization, identified as Planning Case No. 2022-001838CUA, for a proposed project at 800 Taraval Street; and approving a Conditional Use Authorization for the same Planning Case and property with different conditions. (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.) Motion No. M23-058 Supervisor Melgar, seconded by Supervisor Ronen, moved that this Motion be APPROVED AS AMENDED. The motion carried by the following vote:
  - Ayes: Chan, Dorsey, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Walton
  - Noes: Engardio, Stefani

### File 230288: Preparation of Findings Related to Conditional Use Authorization - 800 Taraval Street

- Pages: 14-15
- Vote 1: approval, likely final
  - Action: 230288 [Preparation of Findings Related to Conditional Use Authorization - 800 Taraval 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. 2022-001838CUA for a proposed project at 800 Taraval Street. (Clerk of the Board) Motion No. M23-059 Supervisor Melgar, seconded by Supervisor Ronen, moved that this Motion be APPROVED. The motion carried by the following vote:
  - Ayes: Chan, Dorsey, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Walton
  - Noes: Engardio, Stefani

### File 220340: Planning Code - Neighborhood Commercial and Mixed Use Zoning Districts

- Pages: 15-16
- Sponsors: Dorsey
- Vote 1: first-reading
  - Action: onal Commercial Districts; 5) principally permit Nighttime Entertainment on properties fronting Folsom Street between 7th Street and Division Street and properties fronting 11th Street between Howard Street and Division Street unless they are zoned Residential Enclave District (RED) or Residential Enclave District - Mixed (RED-MX); 6) principally permit Job Training, Public Facility, and Social Service and Philanthropic Facility Uses in the SoMa NCT District and certain Eastern Neighborhoods Districts; 7) require that large developments in South of Market Mixed Use Districts which contain commercial spaces provide a mix of commercial space sizes; 8) require that all Nighttime Entertainment uses comply with the Entertainment Commission’s good neighbor policies; and 9) remove certain limitations on location for Nighttime Entertainment and Animal Services uses in the Western SoMa Special Use District; and adopting environmental findings, findings of public necessity, convenience, and welfare under Planning Code, Section 302, and findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. PASSED ON FIRST READING by the following vote:
  - Ayes: Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

## Extracted text

### [Page 14](https://sfbos.info/documents/918/2023-04-18-minutes#page-14)

Board of Supervisors                              Meeting Minutes                                                4/18/2023



230287 [Disapproving the Conditional Use Authorization - 800 Taraval Street]
            Motion disapproving the decision of the Planning Commission by its Motion No. 21246, approving a
            Conditional Use Authorization, identified as Planning Case No. 2022-001838CUA, for a proposed
            project at 800 Taraval Street. (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 Melgar, seconded by Supervisor Ronen, moved that this Motion be AMENDED, AN
            AMENDMENT OF THE WHOLE BEARING NEW TITLE, on Page 1, Lines 5-6, by adding ‘; and approving a
            Conditional Use Authorization for the same Planning case and property with different conditions’, and
            on Lines 16-25, by adding ‘and, be it FURTHER MOVED, That the Board hereby approves a Conditional
            Use Authorization for the same property subject to the conditions set forth in the document, entitled
            “Additional Conditions for Conditional Use Authorization at 800 Taraval,” dated April 18, 2023, on file
            with the Clerk of the Board of Supervisors in File No. 230287, which is hereby declared to be part of this
            Motion as if set forth fully herein; and, be it FURTHER MOVED, That the Board directs the Clerk to submit
            copies of this Motion and the document, entitled “Additional Conditions for Conditional Use
            Authorization at 800 Taraval,” to the Planning Department, Office of Cannabis, and the Department of
            Public Health.’ The motion carried by the following vote:
               Ayes: 9 - Chan, Dorsey, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Walton
               Noes: 2 - Engardio, Stefani
            Motion disapproving the decision of the Planning Commission by its Motion No. 21246, approving a
            Conditional Use Authorization, identified as Planning Case No. 2022-001838CUA, for a proposed
            project at 800 Taraval Street; and approving a Conditional Use Authorization for the same Planning
            Case and property with different conditions. (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.)
            Motion No. M23-058
            Supervisor Melgar, seconded by Supervisor Ronen, moved that this Motion be APPROVED AS
            AMENDED. The motion carried by the following vote:
                 Ayes: 9 - Chan, Dorsey, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Walton
                 Noes: 2 - Engardio, Stefani


230288 [Preparation of Findings Related to Conditional Use Authorization - 800 Taraval
       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.
            2022-001838CUA for a proposed project at 800 Taraval Street. (Clerk of the Board)
            Motion No. M23-059
            Supervisor Melgar, seconded by Supervisor Ronen, moved that this Motion be APPROVED. The motion
            carried by the following vote:
                 Ayes: 9 - Chan, Dorsey, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Walton
                 Noes: 2 - Engardio, Stefani




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### [Page 15](https://sfbos.info/documents/918/2023-04-18-minutes#page-15)

Board of Supervisors                             Meeting Minutes                                               4/18/2023




COMMITTEE REPORTS


Recommendations of the Land Use and Transportation Committee


220340 [Planning Code - Neighborhood Commercial and Mixed Use Zoning Districts]
            Sponsor: Dorsey
            Ordinance amending the Planning Code to update and reorganize Neighborhood Commercial and
            Mixed Use Zoning District controls, including, among other things, to 1) permit Accessory Arts
            Activities, and production, wholesaling, and processing of goods and commodities, to occupy more
            than one-third of total space in Commercial (C), Downtown Residential (DTR), Eastern
            Neighborhoods Mixed Use, Mission Bay, and Residential-Commercial (RC) Districts; 2) principally
            permit Arts Activities, Job Training, Public Facility, and Social Service and Philanthropic Facility
            uses in the Folsom Street Neighborhood Commercial Transit (NCT), SoMa NCT, Regional
            Commercial, and certain Eastern Neighborhoods Mixed Use Districts, and in historic and
            nonconforming commercial buildings in Residential Enclave Districts; 3) principally permit General
            Entertainment in the Folsom Street NCT District; 4) principally permit Bar uses on the second floor in
            the Folsom Street NCT and Regional Commercial Districts; 5) principally permit Nighttime
            Entertainment on properties fronting Folsom Street between 7th Street and Division Street and
            properties fronting 11th Street between Howard Street and Division Street unless they are zoned
            Residential Enclave District (RED) or Residential Enclave District - Mixed (RED-MX); 6) principally
            permit Job Training, Public Facility, and Social Service and Philanthropic Facility Uses in the SoMa
            NCT District and certain Eastern Neighborhoods Districts; 7) require that large developments in
            South of Market Mixed Use Districts which contain commercial spaces provide a mix of commercial
            space sizes; 8) require that all Nighttime Entertainment uses comply with the Entertainment
            Commission’s good neighbor policies; and 9) remove certain limitations on location for Nighttime
            Entertainment and Animal Services uses in the Western SoMa Special Use District; and adopting
            environmental findings, findings of public necessity, convenience, and welfare under Planning Code,
            Section 302, and findings of consistency with the General Plan, and the eight priority policies of
            Planning Code, Section 101.1.
            PASSED ON FIRST READING by the following vote:
                 Ayes: 11 - Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani,
                 Walton




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