# Board of Supervisors Minutes: December 5, 2023 - Meeting date: 2023-12-05 - Document type: minutes - Source format: PDF - Extracted pages: 36 - [Canonical HTML transcript](https://sfbos.info/documents/966/2023-12-05-minutes) - [Authoritative City source](https://sfgov.legistar.com/View.ashx?M=M&ID=1142894&GUID=681186AA-993A-4996-878C-3D4D7AF24161) > This text was extracted for search and accessibility. The linked City source is the authoritative public record. ## Structured legislative records ### File 231077: Police Code - Cannabis Events - Pages: 4-5 - Sponsors: Mandelman - Vote 1: final-passage, likely final - Action: 231077 [Police Code - Cannabis Events] Sponsor: Mandelman Ordinance amending the Police Code to extend the end date of the Cannabis Event Pilot Program from December 31, 2023, to December 31, 2026. Ordinance No. 247-23 FINALLY PASSED The foregoing items were acted upon by the following vote: - Ayes: Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton ### File 230446: Planning and Subdivision Codes, Zoning Map - Housing Production - Pages: 5-7 - Sponsors: Mayor; Engardio, Dorsey and Melgar - Vote 1: amendment - Action: ‘regardless of whether the Buyout Agreement was filed with the Rent Board pursuant to Administrative Code Section 37.9(E)(h)’; on Page 71, Line 15, by adding ‘as well as posted notice as set forth in Planning Code Section 333(e) (1)’; and making other clarifying and conforming changes. City and County of San Francisco Page 1046 Printed at 5:46 pm on 4/26/24 Board of Supervisors Meeting Minutes 12/5/2023 Supervisor Mandelman, seconded by Supervisor Melgar, moved an additional amendment on Page 70, Line 17, by changing Planning Code, Section 317(c)(2)(C), to read ‘The building proposed for demolition is not an Historic Building as defined in Section 102, and provided further that if the building proposed for demolition was built before 1923, the Planning Department has determined that it does not meet the criteria for designation as an Historic Building as defined in Section 102.’ Supervisor Melgar accepted Supervisor Mandelman's friendly amendment to her motion to amend; both amendments were taken together. Supervisor Melgar, seconded by Supervisor Mandelman, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE. The motion carried by the following vote: - Ayes: Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton - Vote 2: first-reading - Action: anning Director to approve State Density Bonus projects, subject to delegation from the Planning Commission; 8) sunsetting the Conditional Use requirements established by the Corona Heights Large Residence and the Central Neighborhoods Large Residence Special Use Districts at the end of 2024, and thereafter limiting the size of any Dwelling Units resulting from residential development in those Special Use Districts to 3,000 square feet of Gross Floor Area; and 9) making conforming amendments to other sections of the Planning Code; amending the Zoning Map to create the Priority Equity Geographies Special Use District; amending the Subdivision Code to update the condominium conversion requirements for projects utilizing residential density exceptions in RH Districts; affirming the Planning Department’s determination under the California Environmental Quality Act; and making public necessity, convenience, and welfare findings under Planning Code, Section 302, and findings of consistency with the General Plan and the eight priority policies of Planning Code, Section 101.1. (Supervisors Chan and Peskin voted No on First Reading.) PASSED ON FIRST READING AS AMENDED by the following vote: - Ayes: Dorsey, Engardio, Mandelman, Melgar, Preston, Ronen, Safai, Stefani, Walton - Noes: Chan, Peskin ### File 230861: Police Code - Fees, Applications, and Conditions for Certain Entertainment Permits - Pages: 7-9 - Sponsors: Mayor; Safai - Vote 1: first-reading - Action: e Entertainment Commission to require an applicant for a Limited Live Performance Permit to propose a Security Plan if necessary to protect the safety of persons and property or provide for the orderly dispersal of persons and traffic, to make compliance with the Security Plan a condition of the Permit, and to require revisions to the Security Plan as necessary; and 10) clarify that a single One Time Outdoor Amplified Sound Permit may extend across multiple consecutive or non-consecutive 24-hour periods. Privilege of the floor was granted unanimously to Anne Pearson (Office of the City Attorney) who responded to questions raised throughout the discussion. Supervisor Chan requested this Ordinance be DUPLICATED ON FIRST READING. See duplicated File No. 231259 on Page 8. Supervisor Chan, seconded by Supervisor Safai, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE, on Pages 14-15, by restoring ‘Police Code, Section 1060.3, Application Form for Place of Entertainment Permit,’ and on Page 22-23, by restoring ‘Police Code, Section 1060.30, Place of Entertainment Permittees Required to Report Certain Information.’ The motion carried by the following vote: - Ayes: Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton - Vote 2: first-reading - Action: n has not been granted, conditionally granted, or denied within 12 months of its submission; 5) authorize the Entertainment Commission Director (“Director”) to issue billiard and pool table permits without a hearing, and provide that such permits may be suspended or revoked under the standards and procedures that apply to other Entertainment Permits; 6) exempt schools from the requirement to obtain a Place of Entertainment Permit, Limited Live Performance Permit, or Fixed Place Outdoor Amplified Sound Permit for any activities that occur on school premises in the regular course of school operations; 7) allow the Director or the Entertainment Commission to require an applicant for a Limited Live Performance Permit to propose a Security Plan if necessary to protect the safety of persons and property or provide for the orderly dispersal of persons and traffic, to make compliance with the Security Plan a condition of the Permit, and to require revisions to the Security Plan as necessary; and 8) clarify that a single One Time Outdoor Amplified Sound Permit may extend across multiple consecutive or non-consecutive 24-hour periods. PASSED ON FIRST READING AS AMENDED by the following vote: - Ayes: Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton ## Extracted text ### [Page 5](https://sfbos.info/documents/966/2023-12-05-minutes#page-5) Board of Supervisors Meeting Minutes 12/5/2023 REGULAR AGENDA UNFINISHED BUSINESS Referred Without Recommendation From the Land Use and Transportation Committee President Peskin requested File Nos. 230446, 231142, and 231175 be called together. 230446 [Planning and Subdivision Codes, Zoning Map - Housing Production] Sponsors: Mayor; Engardio, Dorsey and Melgar Ordinance amending the Planning Code to encourage housing production by 1) exempting, under certain conditions, specified housing projects from the notice and review procedures of Section 311 and the Conditional Use requirement of Section 317, in areas outside of Priority Equity Geographies, which are identified in the Housing Element as areas or neighborhoods with a high density of vulnerable populations; 2) removing the Conditional Use requirement for several types of housing projects, including housing developments on large lots in areas outside the Priority Equity Geographies Special Use District, projects that build additional units in lower density zoning districts, and senior housing projects that seek to obtain double density; 3) amending rear yard, front setback, lot frontage, minimum lot size, and residential open space requirements in specified districts; 4) allowing additional uses on the ground floor in residential buildings, homeless shelters, and group housing in residential districts, and administrative review of reasonable accommodations; 5) expanding the eligibility for the Housing Opportunities Mean Equity - San Francisco (HOME - SF) program and density exceptions in residential districts; 6) exempting certain affordable housing projects from certain development fees; 7) authorizing the Planning Director to approve State Density Bonus projects, subject to delegation from the Planning Commission; and 8) making conforming amendments to other sections of the Planning Code; amending the Zoning Map to create the Priority Equity Geographies Special Use District; amending the Subdivision Code to update the condominium conversion requirements for projects utilizing residential density exceptions in RH Districts; affirming the Planning Department’s determination under the California Environmental Quality Act; and making public necessity, convenience, and welfare findings under Planning Code, Section 302, and findings of consistency with the General Plan and the eight priority policies of Planning Code, Section 101.1. Supervisor Melgar requested to be added as a co-sponsor. Supervisor Melgar, seconded by Supervisor Mandelman, moved that this Ordinance be AMENDED to incorporate all proposed amendments from File No. 231142 into File No. 230446, including on Page 46, Line 23, by adding a new ‘Subsection (G) Eligibility’ and renaming the existing ‘Subsection (G)’ as ‘Subsection (H);’ on Page 55, Line 7, by adding a new ‘Section 249.77(g);’ on Page 55 by adding a new ‘Section 249.92(h);’ on Page 70, Line 2, by adding ‘regardless of whether the Buyout Agreement was filed with the Rent Board pursuant to Administrative Code Section 37.9(E)(h)’; on Page 71, Line 15, by adding ‘as well as posted notice as set forth in Planning Code Section 333(e) (1)’; and making other clarifying and conforming changes. City and County of San Francisco Page 1046 Printed at 5:46 pm on 4/26/24 ### [Page 6](https://sfbos.info/documents/966/2023-12-05-minutes#page-6) Board of Supervisors Meeting Minutes 12/5/2023 Supervisor Mandelman, seconded by Supervisor Melgar, moved an additional amendment on Page 70, Line 17, by changing Planning Code, Section 317(c)(2)(C), to read ‘The building proposed for demolition is not an Historic Building as defined in Section 102, and provided further that if the building proposed for demolition was built before 1923, the Planning Department has determined that it does not meet the criteria for designation as an Historic Building as defined in Section 102.’ Supervisor Melgar accepted Supervisor Mandelman's friendly amendment to her motion to amend; both amendments were taken together. Supervisor Melgar, seconded by Supervisor Mandelman, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE. The motion carried by the following vote: Ayes: 11 - Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton Ordinance amending the Planning Code to encourage housing production by (1) exempting, under certain conditions, specified housing projects from the notice and review procedures of Section 311 and the Conditional Use requirement of Section 317, in areas outside of Priority Equity Geographies, which are identified in the Housing Element as areas or neighborhoods with a high density of vulnerable populations; 2) removing the Conditional Use requirement for several types of housing projects, including housing developments on large lots in areas outside the Priority Equity Geographies Special Use District, projects that build additional units in lower density zoning districts, and senior housing projects that seek to obtain double density; 3) amending rear yard, front setback, lot frontage, minimum lot size, and residential open space requirements in specified districts; 4) allowing additional uses on the ground floor in residential buildings, homeless shelters, and group housing in residential districts, and administrative review of reasonable accommodations; 5) expanding the eligibility for the Housing Opportunities Mean Equity - San Francisco (HOME - SF) program and density exceptions in residential districts; 6) exempting certain affordable housing projects from certain development fees; 7) authorizing the Planning Director to approve State Density Bonus projects, subject to delegation from the Planning Commission; 8) sunsetting the Conditional Use requirements established by the Corona Heights Large Residence and the Central Neighborhoods Large Residence Special Use Districts at the end of 2024, and thereafter limiting the size of any Dwelling Units resulting from residential development in those Special Use Districts to 3,000 square feet of Gross Floor Area; and 9) making conforming amendments to other sections of the Planning Code; amending the Zoning Map to create the Priority Equity Geographies Special Use District; amending the Subdivision Code to update the condominium conversion requirements for projects utilizing residential density exceptions in RH Districts; affirming the Planning Department’s determination under the California Environmental Quality Act; and making public necessity, convenience, and welfare findings under Planning Code, Section 302, and findings of consistency with the General Plan and the eight priority policies of Planning Code, Section 101.1. (Supervisors Chan and Peskin voted No on First Reading.) PASSED ON FIRST READING AS AMENDED by the following vote: Ayes: 9 - Dorsey, Engardio, Mandelman, Melgar, Preston, Ronen, Safai, Stefani, Walton Noes: 2 - Chan, Peskin City and County of San Francisco Page 1047 Printed at 5:46 pm on 4/26/24 ### [Page 7](https://sfbos.info/documents/966/2023-12-05-minutes#page-7) Board of Supervisors Meeting Minutes 12/5/2023 NEW BUSINESS Recommendations of the Budget and Finance Committee 230861 [Police Code - Fees, Applications, and Conditions for Certain Entertainment Permits] Sponsors: Mayor; Safai Ordinance amending the Police Code to 1) waive initial license and filing fees through June 30, 2025, for certain Entertainment Permits for former holders of Just Add Music Permits; 2) waive initial license and filing fees for Entertainment Permits for applicants who are newly eligible to apply for those permits due to recent Planning Code amendments; 3) eliminate masked ball permits; 4) require applicants for Arcade, Ancillary Use, Billiard and Pool Table, Place of Entertainment, Limited Live Performance, Fixed Place Outdoor Amplified Sound, and Extended-Hours Premises Permits to submit a new Permit application and filing fee if their existing application has not been granted, conditionally granted, or denied within 12 months of its submission; 5) authorize the Entertainment Commission Director (“Director”) to issue Billiard and Pool Table Permits without a hearing, and provide that such permits may be suspended or revoked under the standards and procedures that apply to other Entertainment Permits; 6) exempt schools from the requirement to obtain a Place of Entertainment Permit, Limited Live Performance Permit, or Fixed Place Outdoor Amplified Sound Permit for any activities that occur on school premises in the regular course of school operations; 7) eliminate the requirement that applicants for Place of Entertainment Permits disclose with their permit application criminal history information regarding certain individuals connected with the applicant business; 8) narrow the categories of new criminal charges, complaints, or indictments brought against a Place of Entertainment Permittee or its employees or agents that the Permittee must report, to only those charges, complaints or indictments that could be grounds for suspension of the Permit; 9) allow the Director or the Entertainment Commission to require an applicant for a Limited Live Performance Permit to propose a Security Plan if necessary to protect the safety of persons and property or provide for the orderly dispersal of persons and traffic, to make compliance with the Security Plan a condition of the Permit, and to require revisions to the Security Plan as necessary; and 10) clarify that a single One Time Outdoor Amplified Sound Permit may extend across multiple consecutive or non-consecutive 24-hour periods. Privilege of the floor was granted unanimously to Anne Pearson (Office of the City Attorney) who responded to questions raised throughout the discussion. Supervisor Chan requested this Ordinance be DUPLICATED ON FIRST READING. See duplicated File No. 231259 on Page 8. Supervisor Chan, seconded by Supervisor Safai, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE, on Pages 14-15, by restoring ‘Police Code, Section 1060.3, Application Form for Place of Entertainment Permit,’ and on Page 22-23, by restoring ‘Police Code, Section 1060.30, Place of Entertainment Permittees Required to Report Certain Information.’ The motion carried by the following vote: Ayes: 11 - Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton City and County of San Francisco Page 1048 Printed at 5:46 pm on 4/26/24