Board of Supervisors : June 08, 2009

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

City Hall, Room 263

Meeting Agenda
Monday, June 8, 2009
1:00 PM
Regular Meeting

Members: Sophie Maxwell, Eric Mar, David Chiu

Clerk: Linda Laws (415) 554-4441


		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.	090392	[Zoning - Ordinance amending Planning Code Section 309.1]
		Ordinance amending Section 309.1 to the Planning Code to allow a design review exception for Downtown Residential districts permitting minor height measurement modifications that could otherwise be modified as a Planned Unit Development pursuant to Section 304. (Planning Department)
		4/6/09, ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 5/14/2009.

2.	090420	[India Basin Industrial Park, Special Use District Amendment]	Supervisor Maxwell
		Ordinance amending the San Francisco Planning Code by amending Section 249.42 to exempt the India Basin Industrial Park Special Use District from minimum off-street parking requirements; adopting findings, including environmental findings and findings of consistency with the General Plan and the Priority Policies of Planning Code Section 101.1.
		4/7/09, ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 5/7/2009.

		4/10/09, REFERRED TO DEPARTMENT. Referred to the Planning Department for environmental review.

		4/10/09, REFERRED TO DEPARTMENT. Referred to the Planning Commission for public hearing and recommendation.

		4/20/09, RESPONSE RECEIVED. Non-physical per CEQA Guidelines Section 15050 (c)(2).

		5/28/09, RESPONSE RECEIVED. Planning Commission Resolution No. 17883 recommending approval.

3.	090402	[Zoning - New Controls for Massage Establishments]	Mayor, Supervisors Chu, Chiu
		Ordinance amending Planning Code Sections 790.60, 890.60 and 218.1 to restrict permitted accessory massage uses and to make all other massage establishments, as defined, except chair massage in plain view of the public, subject to a conditional use permit; amending Planning Code Section 303 to list additional criteria for the Planning Commission to consider when analyzing conditional use applications for massage establishments; amending the tables at Sections 218.1, 714.1, 715.1, 810.1, 811.1, and 812.1, to change massage establishments from a permitted use to a conditional use in the PDR 1, or Light Industrial Buffer, and PDR 2, or Production, Distribution, and Repair Districts, and in the Broadway Neighborhood Commercial District, the Castro Neighborhood Commercial District, and the Chinatown Mixed Use Districts; amending Planning Code Sections 790.114 and 890.114, to add massage establishments that employ only state-certified massage practitioners to the definitions of Medical Services in the Neighborhood Commercial Districts and Mixed Use Districts, respectively; and adopting findings, including environmental findings and findings of consistency with the priority policies of Planning Code Section 101.1 and the General Plan.
		3/31/09, ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 4/30/2009.

		4/3/09, REFERRED TO DEPARTMENT. Referred to Planning Commission for public hearing and recommendation; referred to Small Business Commission for review and comment.

		4/20/09, RESPONSE RECEIVED. Non-physical per CEQA Guidelines Section 15050 (c)(2).

		5/19/09, SUBSTITUTED. Supervisor Chu submitted a substitute ordinance bearing new title.

		5/19/09, ASSIGNED to Land Use and Economic Development Committee.

		5/22/09, REFERRED TO DEPARTMENT. Referred to Planning Commission for public hearing and recommendation; referred to Small Business Commission for review and comment.

		5/28/09, RESPONSE RECEIVED. Planning Commission Resolution No. 17882 recommending approval with modifications.

4.	090403	[Penalties for violation of Massage Practitioner Licensing and Regulation Ordinance]	Mayor, Supervisor Chu
		Ordinance amending Health Code Sections 1918 and 1928 to change the hours of permitted operation for massage establishments and to revise the penalties for violating Health Code Sections 1900 et seq., adding Health Code Section 1928.1 to provide for payment of the costs of administrative and other proceedings, and adding Health Code Section 1928.2 to provide for criminal penalties.
		3/31/09, ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 4/30/2009.

		4/16/09, REFERRED TO DEPARTMENT. Referred to Small Business Commission for review and comment; and Department of Public Health for informational purposes.

5.	090022	[Streamlining the regulation of small businesses]	Supervisors Chiu, Chu, Maxwell
		Hearing on streamlining the regulation of small businesses: a review of the roles and responsibilities of the fifteen City departments that interface with small businesses, pursuant to Administrative Code Section 2A.241 as enacted by Proposition I in November 2007.
		1/13/09, RECEIVED AND ASSIGNED to Land Use and Economic Development Committee.

		4/6/09, CONTINUED. Heard in Committee. Speakers: Diane Wesley Smith; Francisco Da Costa; Steven Cornell; Jim Lazarus; Espanola Jackson; Ann Garrison; Willie Ratcliff. Continued to May 4, 2009.

		5/4/09, CONTINUED. Heard in Committee. Speaker: Francisco Da Costa, EJA. Continued to May 11, 2009.

		5/11/09, CONTINUED TO CALL OF THE CHAIR. Speakers: None.

6.	090670	[Revisions to Division I of the San Francisco Transportation Code]
		Ordinance amending San Francisco Transportation Code, Division I, by amending Sections 3.4, 7.2.12, 7.2.26, 7.2.28, 7.2.29, 7.2.71, 7.2.101, 7.3.3, and 8.1 to change existing posting requirements for temporary parking restriction signs; provide a three minute time limit for noncommercial vehicles parked in yellow zones; provide a three consecutive day on-street parking restriction instead of seven consecutive days; provide that exceeding the permissible use of a Special Traffic Permit is a violation of Section 7.2.71; provide that obstructing traffic four or more times within one year without a Special Traffic Permit, or in violation of the terms of a Special Traffic Permit, is a misdemeanor; provide that persons are prohibited from boarding a Municipal Railway vehicle in revenue service through the rear exit while the vehicle is operating on a transit line; and to repeal noticing requirements for towing vehicles on public streets; repealing Section 7.2.44 prohibiting parking on designated streets near Candlestick Park; and making revisions to clarify applicable restrictions and references to Division II. (Municipal Transportation Agency)
		5/21/09, RECEIVED AND ASSIGNED to Land Use and Economic Development Committee.

		The Chair intends to entertain a motion to send this item to Board as a Committee Report on June 9, 2009.

	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.

7.	090583	[Just cause eviction protections for residential tenants, extend to non-rent controlled units]	Supervisor Avalos
		Ordinance amending Administrative Code Chapter 37 "Residential Rent Stabilization and Arbitration Ordinance" by amending Sections 37.2 and 37. 3 to extend just cause eviction requirements and protections to tenants in units that are not now subject to eviction controls (i.e., most residential rental units with a certificate of occupancy issued after June 13, 1979); and by amending Chapter 37A "Rent Stabilization and Arbitration Fee" by amending Section 37A.1 to extend the City's current residential rental unit fee to these units.
		5/12/09, ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 6/11/2009.

		5/21/09, REFERRED TO DEPARTMENT. Referred to the Residential Rent Stabilization & Arbritration Board for informational purposes.

8.	090584	[Requiring Lighting Efficiency Measures in Commercial and City Buildings]	Supervisor Dufty
		Ordinance amending the San Francisco Building Code by adding a new Chapter 13D to require commercial buildings to increase efficiency of fluorescent lighting by 2011; amending Section 705 of the Environment Code to require City-owned facilities to increase efficiency of fluorescent lighting; adopting findings required by California Health and Safety Code Section 17958.7 and environmental findings; and directing the Clerk of the Board of Supervisors to forward this ordinance to the California Building Standards Commission upon final passage.
		5/12/09, ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 6/11/2009.

		5/20/09, REFERRED TO DEPARTMENT. Referred to Building Inspection Commission for public hearing and comment; Planning Department for environmental review; Small Business Commission for review and comment; and Department of the Environment for informational purposes.

		5/26/09, RESPONSE RECEIVED. Non-physical per CEQA Guidelines Section 15060(c)(2).

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

Last updated: 1/10/2014 12:16:02 PM