October 20, 2008

City and County of San Francisco
Land Use and Economic Development Committee

City Hall, Room 263

Meeting Agenda
Monday, October 20, 2008
1:00 PM
Regular Meeting

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Members: Sophie Maxwell, Gerardo Sandoval, Aaron Peskin

Clerk: Linda Laws (415) 554-4441

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		Note: Each item on the Consent or Regular agenda may include the following documents: 1) Legislation 2) Budget Analyst report 3) Legislative Analyst report

		Each member of the public will be allotted the same maximum number of minutes to speak as set by the Chair at the beginning of each item, excluding City representatives, except that public speakers using translation assistance will be allowed to testify for twice the amount of the public testimony time limit. If simultaneous translation services are used, speakers will be governed by the public testimony time limit applied to speakers not requesting translation assistance. Members of the public who want a document placed on the overhead for display should clearly state such and subsequently remove the document when they want the screen to return to live coverage of the meeting.

	AGENDA CHANGES

	REGULAR AGENDA

1.	080840	[Amended Treasure Island/Yerba Buena Island Survey Area]
		Resolution designating and describing the Amended Treasure Island/Yerba Buena Island Survey Area in accordance with California Community Redevelopment Law. (Treasure Island Development Authority)
		9/19/08, RECEIVED AND ASSIGNED to Land Use and Economic Development Committee.

2.	081078	[Personal Wireless Service Facilities Site Permits]
		Ordinance amending the San Francisco Administrative Code by amending section 11.9 to: (1) establish new standards for review by the Planning Department and the Recreation and Park Department of applications for personal wireless service facilities site permits; (2) establish the right to protest the grant or denial of applications for personal wireless service facilities site permits; (3) authorize the Department of Public Works to establish certain requirements for all applications for personal wireless service facilities site permits; (4) change certain fees applicable to personal wireless service facilities site permits; (5) extend the term of personal wireless service facilities site permits; and (6) make specified technical changes to the application process and requirements for personal wireless service facilities site permits. (Public Works Department)
		8/4/08, ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 9/11/2008. 9/11/08 - Submitted fee ad for publication on 9/13 and 9/20/08.
		8/19/08, REFERRED TO DEPARTMENT. Referred to Planning Department for environmental review and determination if the proposed fees will impact the environment.
		8/24/08, RESPONSE RECEIVED. Planning Department - The proposed fees are statutorily exempt from CEQA per CEQA Guidelines Section 15273. The establishment of standards for review are not a project per CEQA Guidelines Section 15378(b)(5).
		9/29/08, CONTINUED. Speakers: None. Continued to October 6, 2008,
		10/6/08, AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE. Heard in Committee. Speakers: Dan McKenna, Department of Public Works; John Malamut, Deputy City Attorney; Paul Albritton, NextG Networks of California; Steven Bowen, ExteNet Systems. 10/6/08 Amendment of the whole bearing same title.
		10/6/08, CONTINUED. Continued to October 20, 2008.

3.	081004	[Interim Controls On Major Rights of Way Along and Near the Southern 19th Avenue Corridor]	Supervisor Elsbernd
		Resolution adopting more restrictive interim controls for a period of eighteen months that would require conditional use authorization for new residential developments over 20 units or for new commercial or retail developments over 50,000 square feet on both sides of the following rights of way along and near the Southern 19th Avenue Corridor: commencing at Lake Merced Boulevard where it begins at the County line, north along Lake Merced Boulevard to Sloat Boulevard, east along Sloat Boulevard to 19th Avenue, north along 19th Avenue to Taraval Street, east on Taraval Street to Claremont, south on Claremont to Portola, southwest on Portola to Junipero Serra Boulevard, and south on Junipero Serra Boulevard to the County line; adopting environmental findings and a determination of consistency with the priority policies of Planning Code Section 101.1.
		7/16/08, RECEIVED AND ASSIGNED to Land Use and Economic Development Committee.
		7/22/08, SUBSTITUTED. Supervisor Elsbernd submitted a substitute resolution bearing same title.
		7/22/08, ASSIGNED to Land Use and Economic Development Committee.
		7/24/08, REFERRED TO DEPARTMENT. Referred to Planning Commission for review and comment and Planning Department for environmental review.
		9/4/08, RESPONSE RECEIVED. Planning Department - Not a project per Section 15378 of the CEQA Guidelines.
		9/9/08, SUBSTITUTED. Supervisor Elsbernd submitted a substitute resolution bearing same title.
		9/9/08, ASSIGNED to Land Use and Economic Development Committee.
		9/15/08, CONTINUED. Heard in Committee. Speaker: Marilyn Amini. Continued to September 29, 2008.
		9/29/08, CONTINUED. Heard in Committee. Speaker: Aaron Goodman, Parkmerced Residents Organization. Continued to October 20, 2008.

4.	081005	[19th Avenue Cumulative Impact Study]	Supervisors Elsbernd, Chu
		Resolution urging the Planning Department and Municipal Transportation Authority to conduct, and continually update, a comprehensive cumulative transportation impact study encompassing all the reasonably foreseeable developments along the 19th Avenue corridor from 19th Avenue and Vicente south to the county line, and expressing the Board of Supervisors' intent that individual environmental reviews of any projects along this corridor must incorporate this on-going and comprehensive cumulative impacts analysis to be considered adequate.
		7/16/08, RECEIVED AND ASSIGNED to Land Use and Economic Development Committee.
		9/9/08, ASSIGNED to Land Use and Economic Development Committee.
		9/9/08, SUBSTITUTED. Supervisor Elsbernd submitted a substitute resolution bearing same title.
		9/15/08, CONTINUED. Heard in Committee. Speaker: Marilyn Amini. Continued to September 29, 2008.
		9/29/08, CONTINUED. Heard in Committee. Speaker: Aaron Goodman, Parkmerced Residents Organization. Continued to October 20, 2008.

5.	081281	[Application to Amend San Francisco's Priority Development Area Designation]	Supervisors Elsbernd, Chu
		Resolution authorizing the San Francisco County Transportation Authority to apply on behalf of the City and County of San Francisco for amendments to the Priority Development Area Designation by the Association of Bay Area Governments.
		10/7/08, RECEIVED AND ASSIGNED to Land Use and Economic Development Committee.

6.	080281	[Building Code - Slope Protection Act]	Supervisor Peskin
		Ordinance amending the San Francisco Building Code by adding Sections 106A.4.1.4 et seq. to establish the Slope Protection Act and create procedures that require the Structural Advisory Committee to review and make recommendations on specified permit applications for all property within the City that exceeds an average slope of 25% grade, and to require mandatory denial of the permit by the Building Official under specified circumstances; amending Section 105A.6.2 to specify the composition of the Structural Advisory Committee for permit applications subject to the Slope Protection Act; amending Building Code Section 106A.3.2 to require that the applicant for certain permit applications subject to the Slope Protection Act provide substantial documentation that there exists sufficient infrastructure to support the proposed residential development and that the proposed emergency access routes meet standards in effect at the time of the application; amending Building Code Section 1701A.5 to require special inspections throughout the construction process for sites subject to the Slope Protection Act.
		2/26/08, ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 3/24/2008.
		3/17/08, REFERRED TO DEPARTMENT. Referred to Building Inspection Commission for review and comment.
		The Chair intends to entertain a motion to send this item to Board as a Committee Report on October 21, 2008.

7.	080349	[Zoning Map Amendment - 5050 Mission Street, corner of Seneca Ave]	Supervisor Sandoval
		Ordinance amending the San Francisco Planning Code by amending Zoning Map ZN 12 of the Zoning Map of the City and County of San Francisco to change the use classification of Block 6969, Lot 11, located at the southwest corner of Mission and Seneca Streets, from RH-1 (Residential, House, One Family) District to NC-3 (Moderate-scale Neighborhood Commercial) District; adopting findings, including environmental findings and findings of consistency the General Plan and the Priority Policies of Planning Code Section 101.1.
		3/11/08, ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 4/10/2008.
		3/17/08, REFERRED TO DEPARTMENT. Referred to Planning Commission for review and comment and Planning Department for environmental review. 6/17/08, Board adopted 70-day extension for Planning Commission review; see File 080834.
		8/19/08, RESPONSE RECEIVED. Planning Commission Resolution 17683 recommending approval without modification; Executive Summary; and Determination of Exemption From Environmental Review.

8.	080861	[Bike Plan Injunction]	Supervisor Sandoval
		Hearing with the Planning Department, Municipal Transportation Agency and the City Attorney's Office to discuss the Bike Plan injunction which has prevented implementation of the City's bike plan, and to discuss bike safety issues.
		6/17/08, RECEIVED AND ASSIGNED to Land Use and Economic Development Committee.
		7/21/08, CONTINUED. Heard in Committee. Speakers: Cheryl Adams, Deputy City Attorney; Leah Shahum and Casey Allen, SF Bicycle Coalition; Cheryl Brinkman, Livable City; J.P. Collins; John Rahaim, Planning Director; Female Speaker, Mayor's Office; Carter Rohan, Municipal Transportation Agency; Marc Salomon; Robin Levitt, Hayes Valley Neighborhood Assocation; Bob Siegel, SF Bicycle Coalition; Aida Berkovitz; Sean Benward; Peter Pagnucco; Randall Orr; Jon Winston; Janel Sterbentz, SF Bicycle Coalition; Kate McCarthy; Dan Nguyen-Tan, North of Panhandle Neighborhood Association; John Daniel; David Kardapatzke; Patricia Decker; Mike Bloomfield; Blake Cole; Marsha Weisbrot; Jeff Trull; Cathy Cora; Rhonda Winter; Ramon Martinez; David Carroll; Dan Connelly; Jason Henderson, Hayes Valley Neighborhood Association; Mark Duncan; Francisco Da Costa; Rachel Kraai; Andy Thornley, SF Bicycle Coaliton; Keith Saggers; Female Speaker; Supervisor Mirkarimi. Continued to October 20, 2008.

9.	080520	[Below Market Rate Condominium Conversion Program]	Mayor, Supervisor McGoldrick
		Ordinance amending the San Francisco Subdivision Code by adding Section 1344 to update and clarify the provisions relating to Below Market Rate Units under the Condominium Conversion Program including provisions related to the calculation of sales price, renting, capital improvements, duration and monitoring of affordability, marketing, and ongoing regulations; and amending Sections 1308, 1309, 1341, 1341B, 1343, 1359, and 1385 to make conforming changes, and making findings including findings under the California Environmental Quality Act (CEQA).
		4/15/08, ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 5/15/2008.
		4/18/08, REFERRED TO DEPARTMENT. Referred to Planning Department for environmental review.
		5/6/08, RESPONSE RECEIVED. Planning Department - non-physical per Section 15060(c)(2) of the CEQA Guidelines.
		7/14/08, CONTINUED. Heard in Committee. Speakers: Supervisor McGoldrick; Doug Shoemaker and Myrna Melgar, Mayor's Office of Housing; Mary Ellen Mannix; Richard Henry; Emily Behr; Thomas Blom; Victor Aiuto; Dee; Joanne Woo Knight; Laura Carroll; Paul Utrecht; Patrick Carroll; Phyllis Lund; Soher Youssef; Cornelia Hoppe; Ren Cujak; Heidi Timken; Leslie Johnson; Francisco Da Costa; David Margolis; Jim Ross; David Schachter, 1220 La Playa HOA; Tracy Parent, SF Community Land Trust; Chad Ryan; Helen Leslie; Kathy O'Laughlin; Peter Horvath, Goldmine Hill HOA; Jay Oakman; Marsha Lee; Robert Mills; Reha Serna, Mission Asset Fund; Rebecca Norelset; Marna Schwartz, Housing Justice; Alex Sasayama; Ricardo Corona and Jane Duong, MEDA; Bob Jeffrey; Matthew Cahill; David Cincotta; Nancy Trogman; Rod Nucella. The Mayor was substituted as sponsor and Supervisor McGoldrick changed to co-sponsor. Continued to August 4, 2008.
		8/4/08, CONTINUED. Heard in Committee. Speakers: Doug Shoemaker and Myrna Melgar, Mayor's Office of Housing; Heidi Timken; Leslie Johnson; Kathy Trewin; Laura Carroll; Dee; Rebecca Norelest; Patrick Carroll; David Margolis; Soher Yousef; Tina Tracy; Rose Tracy Reinheimer; Chris Grainger; Tom Blom; Rodney Cella; Paul Utrect; Marsha Lee; Elsa Dixon; Mohsen Tavakolian; Ben Cujak; Joanne Woo Knight; Jay Oakman; Larry Miller; Barbara Wirth; Matthew Cahill; Cornelia Hoppe; David Schacter; Carlos Alas, Jr.; Ruby Harris. Continued to September 22, 2008.
		9/22/08, CONTINUED. Speakers: None. Continued to September 29, 2008.
		9/29/08, CONTINUED. Speakers: None. Continued to October 20, 2008.

	ADJOURNMENT

	IMPORTANT INFORMATION
		NOTE: Persons unable to attend the meeting may submit to the City, by the time the proceedings begin, written comments regarding the agenda items above. These comments will be made a part of the official public record and shall be brought to the attention of the Board of Supervisors. Any written comments should be sent to: Committee Clerk of the Land Use and Economic Development Committee, San Francisco Board of Supervisors, 1 Dr. Carlton B. Goodlett Place, Room 244, San Francisco, CA 94102 by 5:00 p.m. on the day prior to the hearing. Comments which cannot be delivered to the committee clerk by that time may be taken directly to the hearing at the location above.

		NOTE: Pursuant to Government Code Section 65009, the following notice is hereby given: if you challenge, in court, the general plan amendments or planning code and zoning map amendments described above, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Board of Supervisors at, or prior to, the public hearing.

	LEGISLATION UNDER THE 30-DAY RULE

	(Not to be considered at this meeting)
		Rule 5.40 provides that when an ordinance or resolution is introduced which would CREATE OR REVISE MAJOR CITY POLICY, the committee to which the legislation is assigned shall not consider the legislation until at least thirty days after the date of introduction. The provisions of this rule shall not apply to the routine operations of the departments of the City or when a legal time limit controls the hearing timing. In general, the rule shall not apply to hearings to consider subject matter when no legislation has been presented, nor shall the rule apply to resolutions which simply URGE action to be taken.

	081247	[Zoning - Conditional use authorization for new development in the Bernal South Slope Area]	Supervisor Ammiano
		Ordinance amending Planning Code Section 242 to require conditional use authorization for new development in the Bernal South Slope Area, and making findings of consistency with the priority policies of Planning Code Section 101.1 and environmental findings.
		9/23/08, ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 10/23/2008.
		10/3/08, REFERRED TO DEPARTMENT. Referred to to Planning Commission for review and comment; and Planning Department for environmental review.

	081249	[Inclusionary In Lieu Fees For Small Site Acquisition and Rehabilitation]	Supervisor Daly
		Ordinance amending Planning Code Section 315.6 of the Residential Inclusionary Affordable Housing Program to provide that ten percent (10%) of in lieu fees paid under Section 315.6, not to exceed a maximum of $15 million at any one time, be designated exclusively for the acquisition and/or rehabilitation of affordable housing sites consisting of less than 25 units.
		9/23/08, ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 10/23/2008.

Meeting Procedures

The Board of Supervisors is the Legislative Body of the City and County of San Francisco. The Board has several standing Committees where ordinances and resolutions are the subject of hearings at which members of the public are urged to testify. The full Board does not hold a second public hearing on measures which have been heard in committee. Board procedures do not permit: 1) persons in the audience at a Committee meeting to vocally express support or opposition to statements by Supervisors or by other persons testifying; 2) ringing and use of cell phones, pagers, and similar sound-producing electronic devices; 3) signs to be brought into the meeting or displayed in the room; 4) standing in the meeting room. Citizens are encouraged to testify at Committee meetings and to write letters to the Clerk of a Committee or to its members, City Hall, 1 Dr. Carlton B. Goodlett Place, Room 244, San Francisco, CA 94102. USING LAPTOP COMPUTERS FOR PRESENTATIONS: Please contact City Hall Media Services at (415) 554-4933 to coordinate the use of laptop computers for presentations at the meeting. Computers to be used are required to be tested in advance. The presenter should arrive 30 minutes prior to the meeting to connect and test their computer. THE AGENDA PACKET IS AVAILABLE FOR REVIEW AT CITY HALL, ROOM 244, RECEPTION DESK. Agendas are available on the internet at www.sfgov.org/site/bos_meetings Board meetings are cablecast on SF Cable 26. For video tape copies and scheduling call (415) 554-4188. Requests for language interpreters at a meeting must be received at least 48 hours in advance of the meeting to help ensure availability. Contact Madeleine Licavoli at (415) 554-7722. AVISO EN ESPA¥OL: La solicitud para un traductor en una reunion debe recibirse antes de mediodia de el viernes anterior a la reunion. Llame a Erasmo Vazquez (415) 554-4909.

Disability Access

The Legislative Chamber (Room 250) and the Committee Room (Room 263) in City Hall are wheelchair accessible. Meetings are real-time captioned and are cablecast open-captioned on SF Cable 26. Assistive listening devices for the Legislative Chamber are available upon request at the Clerk of the Board's Office, Room 244. Assistive listening devices for the Committee Room are available upon request at the Clerk of the Board's Office, Room 244 or in the Committee Room. To request sign language interpreters, readers, large print agendas or other accommodations, please contact Madeleine Licavoli at (415) 554-7722 or (415) 554-5227 (TTY). Requests made at least 48 hours in advance of the meeting will help to ensure availability. The nearest accessible BART station is Civic Center (Market/Grove/Hyde Streets). Accessible MUNI Metro lines are the J, K, L, M, N, and T (Civic Center or Van Ness Stations). MUNI bus lines serving the area are the 47 Van Ness, 9 San Bruno, and the 6, 7, 71 Haight/Noriega. For more information about MUNI accessible services, call (415) 923-6142. There is accessible parking in the vicinity of City Hall at Civic Center Plaza and adjacent to Davies Hall and the War Memorial Complex. Accessible curbside parking is available on Dr. Carlton B. Goodlett Place and Grove Street. In order to assist the City's efforts to accommodate persons with severe allergies, environmental illness, multiple chemical sensitivity or related disabilities, attendees at public meetings are reminded that other attendees may be sensitive to perfumes and various other chemical-based scented products. Please help the City to accommodate these individuals.

Know Your Rights Under the Sunshine Ordinance

Government's duty is to serve the public, reaching its decisions in full view of the public. Commissions, boards, councils and other agencies of the City and County exist to conduct the people's business. The Sunshine Ordinance assures that deliberations are conducted before the people and that City operations are open to the people's review. For information on your rights under the Sunshine Ordinance (Chapter 67 of the San Francisco Administrative Code) or to report a violation of the ordinance, contact Frank Darby by mail to Sunshine Ordinance Task Force, 1 Dr. Carlton B. Goodlett Place, Room 244, San Francisco CA 94102 by phone at (415) 554-7724, by fax at (415) 554-7854 or by email at sotf@sfgov.org Citizens may obtain a free copy of the Sunshine Ordinance by contacting Mr. Darby or by printing Chapter 67 of the San Francisco Administrative Code on the Internet, at http://www.sfgov.org/sunshine

Lobbyist Registration and Reporting Requirements

Individuals and entities that influence or attempt to influence local legislative or administrative action may be required by the San Francisco Lobbyist Ordinance [SF Campaign & Governmental Conduct Code Sec. 2.100] to register and report lobbying activity. For more information about the Lobbyist Ordinance, please contact the San Francisco Ethics Commission at 30 Van Ness Avenue, Suite 3900, San Francisco, CA 94102; telephone (415) 581-2300; fax (415) 581-2317; web site www.sfgov.org/ethics