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Amendments regarding the two different neighborhoods.

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>> okay. Thank you so much mr. Clerk

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with that I don't see anyone on the roster so let's go to

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public comment on this item. >> thank you madam chair.

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land use and transportation will now hear public comment on

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agenda item number two related to priority processing for

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certain commercial uses. If you have public comment for

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this item please line up to speak along that western wall

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and if the first speaker wants to come forward to the lectern

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I'll start your time. >> thank you.

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good afternoon chairman melgar survivors mahmood and chen.

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my name is nick ferris. I serve as president of the

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telegraph hill dwellers and on behalf of thg and on behalf of

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kevin de quatro, the north beach business association

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and chinatown community development center, we

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respectfully request that the land use committee amend the

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proposed priority processing legislation to exclude the

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north beach neighborhood commercial district the north

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beach special use district and the k venti quatro latino

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cultural sued the planning commission as you just heard

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unanimously recommended these amendments not just that there

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has been zero public outreach and education to our community

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. Both of these districts are

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thriving and have a healthy mix of locally owned businesses

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in north beach we have less commercial vacancies today than

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we did pre-pandemic. We have led the post-pandemic

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economic recovery and maintain the small business character of

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our commercial district. Bottom line the process is

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working and as far as we're concerned it doesn't need

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fixing. Please amend the legislation

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and to exclude north beach and k venti quatro from this

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legislation. >> thank you.

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thank you for your comments. So the next speaker please.

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>> hi, good afternoon chairman melgar and supervisor chen

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and mahmood my name is ramone schmaltz and in addition to my

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20 years as a resident I have been a regular event producer

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in north beach for 15 years and was a brick and mortar

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gallery and event space owner operator on green street

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and columbus avenue from 2014 until the pandemic.

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>> I was also a designer, curator and a director and head

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of marketing for the massive north beach first fridays art

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walk and merchant walk from 2019 until 2022 and I currently

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work in art design and marketing for local artists

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and musicians and creative business folks that is to say I

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know my neighborhood, its businesses and their owners its

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trends over decades, its needs and its vulnerabilities.

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every day I am there with my people and I join with the

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mission kyiv and de quatro north beach business associate

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and the chinatown community development center

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and telegraph hill dwellers to respectfully request that the

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land use committee amend the proposed priority processing

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legislation to exclude the north beach and cd the north

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beach city and the cove anti-castro latino cultural

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district sued. These amendments were

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unanimously recommended by the planning commission last

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thursday and we have had to thriving districts whose wide

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variety of local locally owned businesses has created a safety

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net for its residents needs. North beach has far fewer

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commercial vacancies today than we have had before the pandemic

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because of how well this is working it's really working

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and as I did with north beach first fridays reopening in the

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august of 2020 with wild safe success, our local business

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owners have bravely led the post-pandemic economic recovery

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and maintain small business character of our commercial

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district that takes a world of cooperation and dedication.

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so the existing planning process has been working

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and our businesses are bringing health and vitality to our

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commercial corridors and the greater neighborhoods as a

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direct result, please amend the legislation to exclude north

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beach and k 24 from this legislation.

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I appreciate your time. Thank you for your comments to

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the next speaker please. >> well all has been said.

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teresa flannery north beach tennis committee I am here

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joining of course all of these organizations that were already

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mentioned in request ing that you amend this and exclude

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north beach and ave anti quattro I want to say that the

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existing process is indeed working.

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our special districts are just they are special and we only

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survived the pandemic because of our many, many, many small

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businesses where we could get the essential needs of our

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households met. We we lost our 39 bus that

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serves north beach and telegraph hill.

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>> we were many seniors and families were unable to

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then get down to the bigger markets and we were so

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fortunate to have so many different markets within

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walking distance in north beach.

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so it is working. We want to continue that.

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we survived and and are thriving.

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>> we need this in our community to remain also for k

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venti quattro again it is you know we need to be excluded

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from this legislation and so I'm asking you to please do

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that to please help us remain an existing thriving community

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and thank you so much for your time today.

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>> thank you for your comments. Next speaker please.

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when I started supervisors my name is susana rojas.

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>> I am the executive director of community water latino

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cultural district. >> cada quatro was created

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because of the mass displacement displacement

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caused by the gentrification of our communities and the removal

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of our cultural assets. >> our conditionally is

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district were created to give us a chance to thoughtfully

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weigh in work and integrate businesses to the corridor to

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benefit them and the community in a more meaningful manner by

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meeting four out of six cultural conditions.

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>> our corridor today has one of the lowest vacancy rates

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in the city with six vacancies out of 151 which makes it 4% as

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of june 23rd of 2025. >> we compare to sales tax

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revenues for the third quarter of 2019 versus the same quarter

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in 2023 and found that during that four year period the

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mission sales tax revenue was only down 1.29% compared to 39%

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for downtown town and 12.75 percent for the rest of the

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city. That measure recovery appears

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to be outpacing the city at large and I know their

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neighborhoods but not north beach not reaching 2020 are

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competing when when it comes to recovery and that's a great

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thing and we are here to respectfully request that guide

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events quatro and north beach are removed and thank you

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director tang and thank you to the planning commission for

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making that recommendation. >> thank you all.

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>> thank you for your comments. Do we have anyone else who has

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public comment for agenda item number two?

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>> madam chair, thank you so much.

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public comment on this item is now closed before I go to you

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vice chair to make the amendments you're going to make

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the amendments right and I just wanted to say a couple of

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things at first thank you to staff for this legislation for

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folks who haven't actually read the legislation it really seeks

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to clarify and simplify what is right now two different regimes

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through which people get permits for businesses and you

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know I can't speak about north beach.

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>> it is not, you know, a commercial district that I am

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all that familiar with other than just shopping there

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and eating there. But I do know I have empty

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quattro. I spent years of my career

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doing technical assistance and support to small businesses

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and I think it is working for some and I think it's not

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working for others. I personally think it's a

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mistake to exempt these two neighborhoods from this and I

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think it doesn't work for is at non-english-speaking folks

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immigrants who are starting a small business although I

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recognize that for people who already have businesses it you

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know, sort of like they've already been through it they

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figure that out already so that's not a problem.

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however, it is not my district. I don't represent either

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district nine or district three and I have spoken to both

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supervisors and they are in agreement with exempting

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and I will just say that even though I did watch the planning

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commission discussion and realize that it was a

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unanimous vote after a lot of conversation I think people

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were confused by this because it is confusing and that's the

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point. It's very confusing.

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so for somebody trying to open up a new business who doesn't

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speak english or is from a different country as many many

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of our small businesses are it you know, you have to hire an

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expediter or have somebody from the mission economic

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development agency are going to go out to hold your hand to

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like figure it out. And so is that the best public

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policy? I don't think it is.

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but you know, because the supervisors for both districts

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are okay with that I will vote to support those amendments

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exempting those two things. What I will just say to folks

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who care about these corridors is I think, you know, it's

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important to look at you know, not just today and yesterday

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but also tomorrow. >> I think that's really

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important too. Okay.

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with that supervisor chen thank you, chair.

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>> I just want to say I am very supportive of the effort that

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in our city trying to make our permit process more

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transparent, easier to navigate and faster I think this is the

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city it's really in agreement with like this is how we can

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continue to make sure that we have a thriving city but also I

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think we need to strike a balance and I think especially

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when it comes to protecting the unique character of our

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neighborhood and also our commercial area and cultural

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districts. And I know that our communities

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especially in this kind of cultural district and and

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neighborhood business corridors they know what is best for

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their neighborhoods and and especially I think after facing

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in cultural district right. Facing years of trauma

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and displacement I think our city should continue to work

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with extra care and respect with this.

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so with that I want to also express my support for the

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legislation and also continue to support the amendment to

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cavo with the recommendation from the planning department.

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>> thank you. And I you want to make a motion

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for both together an amendment and then okay and I would like

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to make a motion to include amendment and together as a

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whole to what a full bore recommend would a full

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committee positive recommendation to the full

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board. >> thank you.

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we have a motion from the vice chair that the ordinance be

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amended as presented and then recommended as amended to the

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board of supervisors on those motions.

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vice chair chen chen I remember mohamed mahmood I chair melgar

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melgar I madam chair there are three eyes okay thank you.

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>> a motion passes. Thank you mr. Clerk.

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let's now go to item number three.

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this is exciting because we've been talking about this for

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years. >> agenda item number three is

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an ordinance amending the building and planning codes to

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extend the awning amnesty program to apply to existing

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unpermitted signs and gates amending the planning code to

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remove design standards for gates railings and grill work

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on ground floor street frontages of non historic

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buildings in neighborhood commercial residential,

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commercial, commercial and mixed use districts.

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the ordinance affirms the planning department secret

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determination it makes findings of consistency with the general

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plan in findings of public necessity convenience

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and welfare. >> okay director tang that

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shows yours. All right.

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thank you supervisors. So for this next item here I

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have a powerpoint on the screen.

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>> thank you very much. >> so at a very high level the

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proposal before you today is to allow businesses with security

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gates that are in existence to participate in the amnesty

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program which has been going on for about two years.

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that was the result of several hundred complaints filed

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against businesses for having installations of a variety of

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things including awning signs and gates done without permits

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and then also additionally allowing the security gates to

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be 100% solid and that would be an amendment to the planning

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department's requirements there are currently there are about

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100 small businesses that are facing a planning code

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violation for the security gates installed without a

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permit and without the changes that you're going to be voting

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on today, they would actually not be able to participate

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in the amnesty program. A lot of them would actually

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have to remove the gates and then either reinstall or do

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without it which can be very costly.

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we've heard from a lot of businesses that unfortunately

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we're just out of state right now where many of them could

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probably raise their hands and tell you that they have

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faced repeat vandalism, burglaries, multiple occasions

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and that the solid nature of the gates is is what helps them

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sleep at night. >> currently the scissor gates

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are the preferred kind of design standard.

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however, again we understand kind of what these businesses

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are facing on a daily basis. The photos you'll see here on

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the screen just show a few of the existing gates that are

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installed on along businesses on grant avenue and mission

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street and so many of them are out there already and we'd like

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to them to just be able to close out these complaints so

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that they don't eventually lead to notices violations for these

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properties. >> so with that I'm going to

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turn it over to aaron star from planning department.

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this one's a little simpler. The planning commission heard

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this on june 26th and recommended approval.

249
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happy to answer any questions if you have.

250
00:14:43,150 --> 00:14:47,350
>> okay. So I don't have any questions.

251
00:14:47,687 --> 00:14:48,688
I don't see anyone on the roster.

252
00:14:48,688 --> 00:14:50,688
I just. >> okay.

253
00:14:51,224 --> 00:14:54,761
supervisor ten thank you. >> chair small business.

254
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it's definitely something that I prioritize and value a lot

255
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and I have done a lot of work with especially in the

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chinatown with the small business and I think especially

257
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also now in district 11 it's also a lot of mom and pops

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immigrant owned shops and and a lot of the merchant has come to

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my office and asking for the protections protection against

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graffiti against brooklyn and gardens also unfair for

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long existing 50 years gaze and signs.

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so I think this ordinance answers all and this is really

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a big change that is supporting our small business and I want

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to thank the director and thank depending on the department

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and working closely with our small business community to

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come up with the ordinance and thank you.

267
00:15:45,745 --> 00:15:50,149
>> thank you so much supervisor chen and thank you madam

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director and mr. Star for the work.

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I as director tang knows would rather take awnings and gates

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out of the planning code altogether there and just leave

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them in the building code but this is progress so I'll take

272
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it. >> thank you so much.

273
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I do think that you know sometimes these things get

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weaponized and I don't like it and I think it is you know

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particularly the small mom and pop and immigrant owned

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businesses that suffer the most out of these things and a lot

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of times it is to comply with the esthetics of some and not

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the businesses that actually worked really hard day in and

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day out to stay afloat. So with that let's go to public

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00:16:40,138 --> 00:16:44,750
comment and again thank you. >> staff thank you madam chair.

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land use and transportation we'll now hear public comment

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for agenda item number three related to existing awning sign

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and gate please come forward to the lectern if you have public

284
00:16:54,886 --> 00:16:56,870
comment for this item. >> hi, good afternoon

285
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supervisor my name is keefer who am determined to help

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implement training and economic development as self-help for

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the elderly. We provide service to small

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business in the last five years and we want to share the

289
00:17:06,970 --> 00:17:09,700
support of this legislation that extend the awning msd

290
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and amending the practical to move design stand for gate

291
00:17:17,175 --> 00:17:21,450
rolling and up on grant for the small business are still

292
00:17:21,450 --> 00:17:25,383
suffering since the pandemic and just last week one of the

293
00:17:25,383 --> 00:17:28,253
small business in chinatown where being rental vandalized

294
00:17:28,253 --> 00:17:33,190
again for three times if seven cisco is to continue enforcing

295
00:17:33,190 --> 00:17:36,660
the transparency security gate that will lead to a nado

296
00:17:36,660 --> 00:17:40,531
vandalism to happen again for the next few years.

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so we and that will deeply impact the cost of time

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and money for small business even though the vandalism we

299
00:17:49,473 --> 00:17:54,679
live grant is still a variable but it will waste the city's

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unnecessary budget especially when the city is facing a

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budget deficit. So we strongly hope the

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supervisors will support this legislation and support local

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00:18:03,887 --> 00:18:06,287
small business. >> thank you.

304
00:18:06,757 --> 00:18:08,260
>> thank you. Do we have anyone else who has

305
00:18:08,260 --> 00:18:11,496
public comment for agenda item number three before we please

306
00:18:11,496 --> 00:18:17,501
come and we before we close public comment I note that

307
00:18:17,501 --> 00:18:22,106
michelle andrews is here from supervisor sadr's office who is

308
00:18:22,106 --> 00:18:23,107
a co-sponsor on the legislation.

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00:18:23,107 --> 00:18:26,577
so if you wanted to comment on it.

310
00:18:26,577 --> 00:18:27,645
>> yeah. Thank you chairman going before

311
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do that. Madam chair, do you want me to

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have this be part of our time to public comment period or is

313
00:18:33,383 --> 00:18:34,585
it going to take you more than two minutes?

314
00:18:34,585 --> 00:18:35,119
>> no. Okay.

315
00:18:35,119 --> 00:18:37,388
okay. Michelle andrews legislative

316
00:18:37,388 --> 00:18:41,192
aide for supervisor sauder supervisor sauder is proud to

317
00:18:41,192 --> 00:18:44,328
co-sponsor this legislation. Just add on to what director

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00:18:44,328 --> 00:18:45,663
tang said we've heard from many small businesses in our

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00:18:45,663 --> 00:18:49,000
district, especially in chinatown that have been

320
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faced with unexpected enforcement complaints

321
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and requirements to change decades old gates and signs

322
00:18:55,888 --> 00:18:57,222
many of which have been in place since before they even

323
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moved into the building. So we're very supportive of

324
00:19:00,159 --> 00:19:03,362
this legislation. The ability to have 100% sold

325
00:19:03,362 --> 00:19:07,233
gates is also incredibly helpful for the businesses that

326
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experience repeated vandalism and burglaries.

327
00:19:08,366 --> 00:19:11,637
>> we should be listening to small businesses when they tell

328
00:19:11,637 --> 00:19:14,240
us what they need to be able to do to stay open in our city.

329
00:19:14,240 --> 00:19:15,107
>> thank you. Thank you.

330
00:19:15,107 --> 00:19:18,910
ms. Sanders thank you. >> do we have anyone else who

331
00:19:18,910 --> 00:19:20,846
has public comment for agenda item number three, madam chair

332
00:19:20,846 --> 00:19:22,782
okay. >> with that public comment is

333
00:19:22,782 --> 00:19:27,520
now closed. >> do you want to make a motion

334
00:19:27,520 --> 00:19:31,657
vice chair thank you chair I would like to make a motion to

335
00:19:31,657 --> 00:19:36,457
move file number 250539 with positive recommendation to the

336
00:19:39,640 --> 00:19:39,932
full board. >> thank you.

337
00:19:39,932 --> 00:19:42,601
on the motion offered by the vice chair that this ordinance

338
00:19:42,601 --> 00:19:44,690
be recommended to the board of supervisors vice chair chen

339
00:19:44,690 --> 00:19:47,806
chen I'm a moment by moment I chair melgar I melgar I madam

340
00:19:47,806 --> 00:19:51,143
chair there are three eyes thank you.

341
00:19:51,143 --> 00:19:54,880
>> that motion passes. >> let's go to item number four

342
00:19:54,880 --> 00:19:58,150
please mr. Clerk. Agenda item number four is an

343
00:19:58,150 --> 00:20:00,886
ordinance amending the planning code to first principally

344
00:20:00,886 --> 00:20:04,623
permit certain non-retail sales and service uses including

345
00:20:04,623 --> 00:20:05,958
general office design, professional business services

346
00:20:05,958 --> 00:20:09,494
and non retail professional services and trade offices on

347
00:20:09,494 --> 00:20:12,998
the ground floor in the c-3 districts through december

348
00:20:12,998 --> 00:20:15,968
31st, 2013 after which such uses uses will be conditionally

349
00:20:15,968 --> 00:20:18,368
permitted. >> second principally permit

350
00:20:20,106 --> 00:20:23,442
retail sales and service uses on the second floor and above

351
00:20:23,442 --> 00:20:26,512
in the r c districts. Third principally permit non

352
00:20:26,512 --> 00:20:30,449
retail sales and service uses on the second floor and above

353
00:20:30,449 --> 00:20:33,119
in the r c districts. Fourth update transparency

354
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and fenestration requirements for ground floor activity uses

355
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and exempt child care facilities homeless shelters

356
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mortuaries religious institutions reproductive

357
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health clinics and school uses from those requirements.

358
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fifth define an interior sign and the applicable standards

359
00:20:48,467 --> 00:20:54,467
for interior signs sixth exempt interior signs of six square

360
00:20:54,473 --> 00:20:58,343
feet or less and business in identifying signs painted on

361
00:20:58,343 --> 00:21:01,280
building facades from a permit under the planning code.

362
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seventh modify the definition of a nonresidential use for the

363
00:21:05,484 --> 00:21:09,554
purposes of certain development impact fee waivers as well as

364
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affirming the planning department sequel determination

365
00:21:10,889 --> 00:21:12,891
and making findings of consistency with a general plan

366
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and findings of public necessity, convenience

367
00:21:16,295 --> 00:21:20,432
and welfare. >> thank you so much mr. Clerk.

368
00:21:20,432 --> 00:21:23,902
welcome again. Director tang thank you very

369
00:21:23,902 --> 00:21:26,902
much. >> supervisor so I apologize

370
00:21:26,905 --> 00:21:28,374
this one will be maybe a little bit longer but at a very high

371
00:21:28,374 --> 00:21:32,912
level for this item we could think of it as four different

372
00:21:32,912 --> 00:21:36,315
kind of buckets of changes. One has to do with storefront

373
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transparency and you'll see on the screen here to the far left

374
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that the high level proposal is exempt certain critical users

375
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from the storefront transparency requirements.

376
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this was sparked after we were contacted by a child care

377
00:21:49,400 --> 00:21:53,204
facility on a busy commercial corridor where they have

378
00:21:53,204 --> 00:21:56,408
covered up their entire storefront really out of

379
00:21:56,408 --> 00:22:00,545
concern for the privacy for the children that they serve.

380
00:22:00,545 --> 00:22:04,349
they're very upset by the requirement from the city that

381
00:22:04,349 --> 00:22:08,180
they actually have to leave a certain percentage open

382
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and visible to the public. While we were at it, we realize

383
00:22:09,487 --> 00:22:12,624
that there's some other critical uses that could

384
00:22:12,624 --> 00:22:15,359
benefit from that same exemption including schools,

385
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homeless shelters, mortuaries, religious institutions

386
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and reproductive health clinics.

387
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and so that is part of the proposal to exempt them from

388
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the storefront transparency requirement.

389
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moving over to the right side of the screen with regards to

390
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business signs, the proposal is to remove the permit

391
00:22:35,313 --> 00:22:36,715
requirement for business signs that are painted on building

392
00:22:36,715 --> 00:22:42,715
facades as well as for window signs and interior signs.

393
00:22:42,887 --> 00:22:44,589
the two photos that you'll see here are true real life

394
00:22:44,589 --> 00:22:48,927
examples where these businesses received violations from the

395
00:22:48,927 --> 00:22:52,664
city for putting these up without a permit.

396
00:22:52,664 --> 00:22:56,334
>> so on the center photo the a vinyl stickers with the chinese

397
00:22:56,334 --> 00:23:02,874
characters on the facade as well as the neon sign in the

398
00:23:02,874 --> 00:23:07,545
window on the far right photo those are examples are business

399
00:23:07,545 --> 00:23:09,146
owners had to take time out of their busy day to come to the

400
00:23:09,146 --> 00:23:13,884
permit center and try to resolve the issue by filing a

401
00:23:13,884 --> 00:23:19,284
permit with the city. >> next slide here with regards

402
00:23:21,426 --> 00:23:25,830
to downtown uses the proposal is to principally permit

403
00:23:25,830 --> 00:23:27,297
certain non-retail sales and service uses on the ground

404
00:23:27,297 --> 00:23:30,368
floor specifically within the c-3 district.

405
00:23:30,368 --> 00:23:34,572
so downtown commercial districts through 2030 so for a

406
00:23:34,572 --> 00:23:41,172
very limited period of time to provide more and incentive some

407
00:23:41,512 --> 00:23:45,650
of these companies that are downtown, they're located

408
00:23:45,650 --> 00:23:46,651
there. They're really trying to create

409
00:23:46,651 --> 00:23:49,454
more amenities for the employees as an incentive to

410
00:23:49,454 --> 00:23:52,990
draw people to come back to the office in person and to

411
00:23:52,990 --> 00:23:53,991
activate these ground floor workspaces.

412
00:23:53,991 --> 00:23:57,594
you'll see some of the photos here, examples where some of

413
00:23:57,594 --> 00:24:01,132
these companies or organizations are trying to do

414
00:24:01,132 --> 00:24:04,401
that already are the photo shown here is on montgomery

415
00:24:04,401 --> 00:24:05,737
street where there's some co-working spaces as well as a

416
00:24:05,737 --> 00:24:12,900
cafe and the one in the center bottom is an example of one

417
00:24:12,900 --> 00:24:13,544
that had to recently go through the planning commission for

418
00:24:13,544 --> 00:24:16,213
such approval. >> we do think this is really

419
00:24:16,213 --> 00:24:19,216
important because the more people who come and work

420
00:24:19,216 --> 00:24:23,755
in person especially downtown it helps the surrounding small

421
00:24:23,755 --> 00:24:25,890
businesses that are located there and that have been

422
00:24:25,890 --> 00:24:28,759
suffering also since more people have been telecommuting.

423
00:24:28,759 --> 00:24:32,630
so not only is this good for again the companies that want

424
00:24:32,630 --> 00:24:35,366
to better monetize their buildings, it's also really

425
00:24:35,366 --> 00:24:36,567
important for the small business owners in that

426
00:24:36,567 --> 00:24:39,704
surrounding area. >> and then moving on to

427
00:24:39,704 --> 00:24:43,389
residential rc districts the proposal is to ease the filling

428
00:24:43,389 --> 00:24:47,127
of non ground floor vacancies within rc districts by

429
00:24:47,127 --> 00:24:51,640
principally permitting retail sales and service uses and non

430
00:24:51,640 --> 00:24:55,200
retail sales and service uses at the second floor and above.

431
00:24:55,200 --> 00:24:59,139
and there is an example where we are working with industrial

432
00:24:59,139 --> 00:25:02,609
design studio on the second floor along venice.

433
00:25:02,609 --> 00:25:05,612
there was a complaint against them and without the change

434
00:25:05,612 --> 00:25:09,160
they would not they would actually not be allowed to

435
00:25:09,160 --> 00:25:12,953
operate there any longer. >> and so for this item we have

436
00:25:12,953 --> 00:25:17,290
sent over to the committee members a number of amendments

437
00:25:17,290 --> 00:25:20,827
that we'd like to propose. These were all discussed at the

438
00:25:20,827 --> 00:25:24,764
planning commission and huge shout out to deputy city

439
00:25:24,764 --> 00:25:26,232
attorney julia michael nelson for all of her work on these

440
00:25:26,232 --> 00:25:29,102
the number of amendments that were made.

441
00:25:29,102 --> 00:25:32,706
I'm just going to walk them over quickly but I believe you

442
00:25:32,706 --> 00:25:35,909
have a summary sheet in front of you with regards to signs we

443
00:25:35,909 --> 00:25:40,381
are actually going to eliminate reference to interior signage

444
00:25:40,381 --> 00:25:44,785
and instead we more clearly define what a window sign is

445
00:25:44,785 --> 00:25:48,521
and that means a sign that is touching only the inside or

446
00:25:48,521 --> 00:25:51,991
outside of a window. Therefore anything that's

447
00:25:51,991 --> 00:25:55,128
interior inside is no longer a sign and would not have to

448
00:25:55,128 --> 00:25:58,728
follow the requirement for planning approval.

449
00:25:58,999 --> 00:26:00,134
we have worked with some businesses where they

450
00:26:00,134 --> 00:26:03,537
installed, you know, a sign inside their business but was

451
00:26:03,537 --> 00:26:07,700
visible from the street and they got they received

452
00:26:07,700 --> 00:26:10,477
complaints about those. So we want to eliminate those

453
00:26:10,477 --> 00:26:14,547
kind of scenarios. And because we did that we also

454
00:26:14,547 --> 00:26:17,618
had to make a lot of subsequent changes which is why you'll see

455
00:26:17,618 --> 00:26:21,154
that repeated throughout various districts that we just

456
00:26:21,154 --> 00:26:25,692
repeat the change in reference of how a window sinus is

457
00:26:25,692 --> 00:26:28,692
defined. >> the other clarification made

458
00:26:29,429 --> 00:26:33,834
is how the window sign area is measured and so the current

459
00:26:33,834 --> 00:26:37,838
practice is that it's an area as a function of the window the

460
00:26:37,838 --> 00:26:40,708
specific window where the sign is located.

461
00:26:40,708 --> 00:26:45,111
we are now clarifying it is the sign is the percentage is the

462
00:26:45,111 --> 00:26:48,848
area of a function of all the individuals ground floor

463
00:26:48,848 --> 00:26:52,719
windows and any glazing on doors regardless of which a

464
00:26:52,719 --> 00:26:58,119
window or door the sign is actually located on.

465
00:26:59,259 --> 00:27:03,663
and then we're just making consistent that the perimeter

466
00:27:03,663 --> 00:27:07,467
id area of the window sign can be one third of the totality of

467
00:27:07,467 --> 00:27:11,472
all the windows and glazing on doors versus some some cases

468
00:27:11,472 --> 00:27:14,808
in the planning code. It's one third and some it's

469
00:27:14,808 --> 00:27:15,943
one fourth. So we just want to make that

470
00:27:15,943 --> 00:27:21,943
all very consistent and then also we clarify that any

471
00:27:21,949 --> 00:27:25,953
application so that applying of a sign does not require

472
00:27:25,953 --> 00:27:28,953
planning approval. So any essentially

473
00:27:29,490 --> 00:27:32,893
nonstructural signs will not require planning approval

474
00:27:32,893 --> 00:27:36,567
and application of signs could mean things like painting

475
00:27:36,567 --> 00:27:40,171
you've applied paint to a facade as well as vinyl

476
00:27:40,171 --> 00:27:41,506
stickers. >> so those are some very easy

477
00:27:41,506 --> 00:27:45,109
examples. And so those are all the

478
00:27:45,109 --> 00:27:48,646
changes reflected regarding signs and then moving on to

479
00:27:48,646 --> 00:27:52,850
transparency we are proposing to remove interior and the

480
00:27:52,850 --> 00:27:56,386
window sign exception to the transparency requirements.

481
00:27:56,386 --> 00:28:02,593
and then there are some other clarifying edits really just to

482
00:28:02,593 --> 00:28:07,464
clarify that again no change. >> there are no changes

483
00:28:07,464 --> 00:28:10,934
regarding transparency outside of business operating hours.

484
00:28:10,934 --> 00:28:15,472
>> and then moving on to ground floor uses we did realize that

485
00:28:15,472 --> 00:28:19,476
there needed to be an amendment made to section 124 of the

486
00:28:19,476 --> 00:28:23,810
planning code to exempt new gross floor area created in the

487
00:28:23,810 --> 00:28:26,950
c-3 district through a change of use on the ground floor of

488
00:28:26,950 --> 00:28:30,488
space that was devoted to uses previously excluded from gross

489
00:28:30,488 --> 00:28:34,558
gross floor area per section 102 and also exempt c-3

490
00:28:34,558 --> 00:28:39,958
districts from section 140 5.4 which had to do with required

491
00:28:41,632 --> 00:28:45,350
ground floor commercial uses again temporarily through

492
00:28:45,350 --> 00:28:49,306
december 31st of 2013 and then next with regards to the rincon

493
00:28:49,306 --> 00:28:53,506
hill downtown residential that's our hdr district.

494
00:28:55,980 --> 00:28:57,380
the proposal for the amendment is to exempt from required

495
00:28:57,380 --> 00:29:00,317
ground floor commercial uses buildings in the rhd etr

496
00:29:00,317 --> 00:29:04,187
district that are one designated landmark buildings

497
00:29:04,187 --> 00:29:08,325
or contributory buildings within a designated historic

498
00:29:08,325 --> 00:29:11,595
district pursuant to article ten of the planning code or to

499
00:29:11,595 --> 00:29:14,732
listed on or determined eligible for the california

500
00:29:14,732 --> 00:29:16,670
register of historical resources by the state office

501
00:29:16,670 --> 00:29:21,467
of historic preservation and then also to amend section

502
00:29:21,472 --> 00:29:24,942
803.9 of the planning code to principally permit all uses

503
00:29:24,942 --> 00:29:29,213
in certain historic buildings in rhd for subject to certain

504
00:29:29,213 --> 00:29:33,830
exceptions and that would be in perpetuity perpetuity.

505
00:29:33,830 --> 00:29:36,683
>> and then finally for residential commercial

506
00:29:37,421 --> 00:29:41,240
districts which are rc districts would be to allow

507
00:29:41,240 --> 00:29:45,280
catering and laboratory uses on the ground floor within rc

508
00:29:45,280 --> 00:29:48,432
districts with the conditional use authorization.

509
00:29:48,432 --> 00:29:49,833
and so those are the amendments before you today and then I'm

510
00:29:49,833 --> 00:29:52,569
going to turn it over to erin starr from the planning

511
00:29:52,569 --> 00:29:55,569
department. >> thank you, director tang

512
00:29:56,373 --> 00:29:59,577
erin starr manager of legislative affairs the

513
00:29:59,577 --> 00:30:03,714
planning commission heard this last thursday on june 26th

514
00:30:03,714 --> 00:30:06,714
and recommends approval with modifications.

515
00:30:07,317 --> 00:30:08,785
they will not go over the modifications again but they

516
00:30:08,785 --> 00:30:12,255
were basically what that was. >> so I'm happy to answer any

517
00:30:12,255 --> 00:30:14,792
questions if you have them. Thanks.

518
00:30:14,792 --> 00:30:19,620
>> okay so why don't I have miss andrews come up for

519
00:30:19,620 --> 00:30:21,462
supervisor sartor now? >> hi.

520
00:30:25,202 --> 00:30:28,285
thank you. Chair melgar michelle andrews

521
00:30:28,285 --> 00:30:32,223
again with supervisor sadr's office supervisor sartor is

522
00:30:32,223 --> 00:30:33,691
also proud to co-sponsor this important legislation to give

523
00:30:33,691 --> 00:30:36,760
more options to activate vacant spaces downtown in order to

524
00:30:36,760 --> 00:30:40,631
bring more people downtown we need to continue being creative

525
00:30:40,631 --> 00:30:43,834
in our strategies to both bring people back to the office

526
00:30:43,834 --> 00:30:44,835
and make our streets more vibrant.

527
00:30:44,835 --> 00:30:47,904
this legislation is a direct response to this particular

528
00:30:47,904 --> 00:30:51,108
moment that downtown is currently and as reflected by

529
00:30:51,108 --> 00:30:54,445
the 2030 sunset date in it it will help us get to the 24

530
00:30:54,445 --> 00:30:57,914
seven vibrant downtown that we all want to see which will

531
00:30:57,914 --> 00:30:59,183
include bustling offices, retail restaurants, homes

532
00:30:59,183 --> 00:31:02,520
and much more. And in the spirit of meeting

533
00:31:02,520 --> 00:31:05,789
small businesses where they're at, we also want to make it as

534
00:31:05,789 --> 00:31:07,257
easy as possible for businesses to operate without having to

535
00:31:07,257 --> 00:31:10,394
deal with enforcement complaints for trivial things

536
00:31:10,394 --> 00:31:12,996
such as having painted a sign in their window.

537
00:31:12,996 --> 00:31:14,398
>> these kinds of stringent permit requirements for window

538
00:31:14,398 --> 00:31:17,735
and interiors signage can make or break a small businesses

539
00:31:17,735 --> 00:31:21,138
ability to succeed. So this legislation will help

540
00:31:21,138 --> 00:31:24,542
reduce a significant permitting hurdle so that business owners

541
00:31:24,542 --> 00:31:25,676
can focus their time on running their business.

542
00:31:25,676 --> 00:31:28,760
>> thank you. Thank you.

543
00:31:28,412 --> 00:31:32,150
ms. Andrews okay. Supervisor chen thank you,

544
00:31:32,150 --> 00:31:36,687
chair malka I definitely also are very supportive of the

545
00:31:36,687 --> 00:31:40,157
effort to create a vibrant, thriving downtown and I

546
00:31:40,157 --> 00:31:44,950
understand that having more flexibility it's part of our

547
00:31:44,950 --> 00:31:47,697
visions have some that have there have been some questions

548
00:31:47,697 --> 00:31:51,168
about whether this legislation will allow residential unit to

549
00:31:51,168 --> 00:31:55,439
be converted to other use from what I see the legislation

550
00:31:55,439 --> 00:31:59,243
permit retail and non retail services above the ground floor

551
00:31:59,243 --> 00:32:02,780
only in vacant commercial suits so it's not applied to

552
00:32:02,780 --> 00:32:06,384
residential units. So as it stands now the city

553
00:32:06,384 --> 00:32:10,988
still requires the conditional use permit to to convert a

554
00:32:10,988 --> 00:32:11,922
residential unit to any other use.

555
00:32:11,922 --> 00:32:15,860
>> so from what I understand, this requirement does not

556
00:32:15,860 --> 00:32:18,860
change under this proposed legislation.

557
00:32:19,530 --> 00:32:22,466
>> can I get a confirmation on that?

558
00:32:22,466 --> 00:32:27,204
>> confirmed residential units are still subject to 317 so you

559
00:32:27,204 --> 00:32:28,339
need a sue to remove them. >> wonderful.

560
00:32:28,339 --> 00:32:31,800
thank you so much. >> thank you.

561
00:32:31,800 --> 00:32:34,608
supervisor supervisor mahmud. Oh, I'm sorry.

562
00:32:37,414 --> 00:32:41,218
of course. >> let's go to public comment

563
00:32:41,218 --> 00:32:44,288
on this item. Thank you, madam chair.

564
00:32:44,288 --> 00:32:45,756
land use and transportation will now hear public comment

565
00:32:45,756 --> 00:32:48,292
related to agenda item number four this ordinance makes

566
00:32:48,292 --> 00:32:52,290
changes to the fenestration transparency and sign

567
00:32:52,290 --> 00:32:53,297
requirements. If you have public comment for

568
00:32:53,297 --> 00:32:55,499
this item please come forward to the lectern at this time.

569
00:32:55,499 --> 00:32:59,570
>> and madam chair to preserve the okay public comment is now

570
00:32:59,570 --> 00:33:02,570
closed. >> now supervisor mahmood thank

571
00:33:02,840 --> 00:33:03,974
you. I would like to make a motion

572
00:33:03,974 --> 00:33:07,578
to move the amendments as described by director tang

573
00:33:07,578 --> 00:33:12,978
forward for a vote. The motion offered by member

574
00:33:14,718 --> 00:33:16,520
mahmud that the ordinance be amended as presented.

575
00:33:16,520 --> 00:33:19,657
vice chair chen chen I remember mike when mike and I chair

576
00:33:19,657 --> 00:33:25,997
melgar I melgar I madam chair there are three eyes now these

577
00:33:25,997 --> 00:33:29,802
amendments are substantive. Would you like to make a motion

578
00:33:29,802 --> 00:33:30,869
to. >> I'd like to move to have

579
00:33:30,869 --> 00:33:33,806
this item be continued to the call.

580
00:33:33,806 --> 00:33:37,676
the chair okay. On the motion offered by member

581
00:33:37,676 --> 00:33:41,213
mahmood that the ordinance be continued to the call the chair

582
00:33:41,213 --> 00:33:44,215
as amended. Vice chair chen chen I member

583
00:33:44,215 --> 00:33:48,420
muhammad mahmood I chair melgar I melgar I madam chair there

584
00:33:48,420 --> 00:33:52,910
are three eyes that motion passes thank you all okay

585
00:33:52,910 --> 00:33:56,561
getting through it all now let's go to item number five

586
00:33:56,561 --> 00:33:59,564
please. >> agenda item number five is

587
00:33:59,564 --> 00:34:00,499
an ordinance amending the planning.

588
00:34:00,499 --> 00:34:03,902
sorry ordinance amending the public works code to streamline

589
00:34:03,902 --> 00:34:07,106
the approval of certain encroachments in the public

590
00:34:07,106 --> 00:34:10,442
right of way to establish a registration requirement

591
00:34:10,442 --> 00:34:14,313
in place of all permit requirements and fees for cafe

592
00:34:14,313 --> 00:34:15,713
tables and chairs and display merchandise and to eliminate

593
00:34:15,713 --> 00:34:19,384
minor encroachment permit requirements and right of way

594
00:34:19,384 --> 00:34:23,255
right of way occupancy fees for a pertinent building features.

595
00:34:23,255 --> 00:34:27,392
amending the planning I keep saying the planning code excuse

596
00:34:27,392 --> 00:34:30,862
me amending the administrative code to exempt cafe tables

597
00:34:30,862 --> 00:34:32,130
and chairs and display merchandise from the shared

598
00:34:32,130 --> 00:34:35,199
spaces program in affirming the planning department secret

599
00:34:35,199 --> 00:34:37,199
determination. >> thank you.

600
00:34:38,603 --> 00:34:41,873
and before you present on this item director tang I want to

601
00:34:41,873 --> 00:34:45,811
welcome president rafael mandal men from district eight to the

602
00:34:45,811 --> 00:34:49,480
land use and transportation committee and the floor is

603
00:34:49,480 --> 00:34:52,950
yours. >> thank you, chair melgar I

604
00:34:52,950 --> 00:34:56,221
took the long walk down the hallway not just because I miss

605
00:34:56,221 --> 00:35:00,625
seeing your smiling faces but because I absolutely am just

606
00:35:00,625 --> 00:35:04,629
delighted by this legislation. It does basically two things

607
00:35:04,629 --> 00:35:08,700
that I think are in many ways overdue and the only sadness

608
00:35:08,700 --> 00:35:12,771
that I have is that I didn't think to make this happen at

609
00:35:12,771 --> 00:35:15,173
some point in the seven year in my prior seven years on the

610
00:35:15,173 --> 00:35:18,243
board. >> but that you know during

611
00:35:18,243 --> 00:35:22,447
covid I remember being on lots and lots of calls as we figured

612
00:35:22,447 --> 00:35:25,783
out the shared spaces legislation and during that

613
00:35:25,783 --> 00:35:32,983
time we also waived table and chair fees I believe and it

614
00:35:33,392 --> 00:35:37,596
and that you know went into the mists of history and I was

615
00:35:37,596 --> 00:35:41,400
always sad about that. >> but this legislation sort of

616
00:35:41,400 --> 00:35:46,138
poses a deeper question which is why exactly do we require

617
00:35:46,138 --> 00:35:49,874
permits for this activity which is actually beneficial

618
00:35:49,874 --> 00:35:53,145
and shouldn't we be getting rid of not just the fees but the

619
00:35:53,145 --> 00:35:57,682
underlying permit in the first place and and so I, I think

620
00:35:57,682 --> 00:36:01,819
that is fantastic. And then I also you know thank

621
00:36:01,819 --> 00:36:07,819
you committee and thank you colleagues for your support of

622
00:36:08,360 --> 00:36:12,508
the beyond the front door legislation and moving on from

623
00:36:12,508 --> 00:36:16,450
abc. >> but again there is from that

624
00:36:16,450 --> 00:36:17,379
legislation we did manage to waive one of the fees

625
00:36:17,379 --> 00:36:21,117
associated with some of the work that has to get done to

626
00:36:21,117 --> 00:36:24,920
make entrances accessible but the much saner and more

627
00:36:24,920 --> 00:36:28,391
reasonable thing to do and the greater relief for property

628
00:36:28,391 --> 00:36:32,610
owners and small businesses who who need to and have to comply

629
00:36:32,610 --> 00:36:36,531
with accessibility requirements is actually to not not have

630
00:36:36,531 --> 00:36:40,870
them go through this whole process with the city getting

631
00:36:40,870 --> 00:36:44,206
the permit in the first place and so I love this.

632
00:36:44,206 --> 00:36:48,543
>> I think this is amazing and I want to thank director

633
00:36:48,543 --> 00:36:55,217
tang and the mayor and rich hillis and all the folks who've

634
00:36:55,217 --> 00:36:59,421
worked on the whole package of permit s.f. But in particular I

635
00:36:59,421 --> 00:37:03,559
really I really love this one and wanted to just express that

636
00:37:03,559 --> 00:37:04,893
and now I will go back to my office but thanks thanks

637
00:37:04,893 --> 00:37:08,430
colleagues for letting me for allowing me to gush about this

638
00:37:08,430 --> 00:37:11,434
legislation when I'm of it. >> I'm so glad you got a little

639
00:37:11,434 --> 00:37:12,768
bit of joy there from the landrieu's the transportation

640
00:37:12,768 --> 00:37:14,904
committee president and thank you.

641
00:37:14,904 --> 00:37:18,774
okay, director ting all right. >> thank you all this

642
00:37:18,774 --> 00:37:22,310
excitement for tables and chairs and I also want to

643
00:37:22,310 --> 00:37:25,981
acknowledge a public works department because this really

644
00:37:25,981 --> 00:37:27,382
does represent a new way of doing things and we really

645
00:37:27,382 --> 00:37:32,782
appreciate their collaboration on this new path forward with

646
00:37:33,922 --> 00:37:37,526
tables and chairs. So on the screen here you'll

647
00:37:37,526 --> 00:37:41,730
see that the current process if you want to put out tables

648
00:37:41,730 --> 00:37:45,401
and chairs or also sidewalk merchandise display involves

649
00:37:45,401 --> 00:37:48,938
submitting a permit application to public works department.

650
00:37:48,938 --> 00:37:54,143
you also have to pay a fee the typical kind of average fee is

651
00:37:54,143 --> 00:37:57,279
around $1,000 and then there's annual renewal as well.

652
00:37:57,279 --> 00:38:00,616
>> you do have to submit a certificate of insurance

653
00:38:00,616 --> 00:38:04,486
and also produce a pretty detailed site plan to the city.

654
00:38:04,486 --> 00:38:08,424
so under the new process we would be requesting a

655
00:38:08,424 --> 00:38:11,961
registration that would be done online for businesses.

656
00:38:11,961 --> 00:38:15,561
there would be no fee involved .

657
00:38:15,898 --> 00:38:17,366
this would really just to be getting the contact information

658
00:38:17,366 --> 00:38:20,368
for the business owner in case there are any issues or

659
00:38:20,368 --> 00:38:23,506
complaints that arise so that public works can contact the

660
00:38:23,506 --> 00:38:27,776
business owner for those issues and then the the rules really

661
00:38:27,776 --> 00:38:31,714
don't change around how you can place these tables and chairs.

662
00:38:31,714 --> 00:38:34,850
they'll you know, you still have to maintain the path of

663
00:38:34,850 --> 00:38:38,654
travel so that you maintain accessibility as well as

664
00:38:38,654 --> 00:38:41,924
putting the tables and chairs inside and out each night.

665
00:38:41,924 --> 00:38:43,192
so a lot of those those rules will not change.

666
00:38:43,192 --> 00:38:46,795
the applicant would then the business owner would attest to

667
00:38:46,795 --> 00:38:49,932
understanding what those operating guidelines are

668
00:38:49,932 --> 00:38:54,203
and then in terms of enforcement the administrative

669
00:38:54,203 --> 00:38:58,407
penalties which we are putting into such sation would accrue

670
00:38:58,407 --> 00:39:04,407
or kick in essentially on the second and subsequent validated

671
00:39:04,882 --> 00:39:06,150
and unaddressed violation. So we would still be giving

672
00:39:06,150 --> 00:39:09,954
business owners the opportunity to understand how they can

673
00:39:09,954 --> 00:39:13,824
correct whatever was not working and address them before

674
00:39:13,824 --> 00:39:16,693
any admin penalties would accrue.

675
00:39:16,693 --> 00:39:19,693
currently there are approximately 215 businesses

676
00:39:19,964 --> 00:39:23,634
in the city that hold tables and chairs permit so that gives

677
00:39:23,634 --> 00:39:25,169
you a sense of how many people will be really excited about

678
00:39:25,169 --> 00:39:28,573
this as well as I'll just tell you when we're doing outreach

679
00:39:28,573 --> 00:39:32,376
in the community everyone is is is super excited maybe more so

680
00:39:32,376 --> 00:39:35,779
than even supervisor randleman and they can't wait for this to

681
00:39:35,779 --> 00:39:39,317
take effect. >> so this will be the same

682
00:39:39,317 --> 00:39:44,117
process for the sidewalk merchandise displays as well.

683
00:39:45,389 --> 00:39:47,580
>> and then the other piece of this legislation has to do with

684
00:39:47,580 --> 00:39:49,727
minor encroachment permits also really want acknowledge public

685
00:39:49,727 --> 00:39:53,464
works department and I know alaric degraffenreid is here

686
00:39:53,464 --> 00:39:56,934
in case you have any questions for public works but right now

687
00:39:56,934 --> 00:40:00,604
there are a couple of things where they're very common

688
00:40:00,604 --> 00:40:04,207
installations for businesses as well as mixed use buildings

689
00:40:04,207 --> 00:40:07,677
that then would require them getting a minor encroachment

690
00:40:07,677 --> 00:40:08,813
permit from the public works department.

691
00:40:08,813 --> 00:40:11,949
some of these are shown in the photos.

692
00:40:11,949 --> 00:40:15,152
I'm not sure if you can see the arrows here but they include

693
00:40:15,152 --> 00:40:19,623
things like waterspouts or even gates that protrude a little

694
00:40:19,623 --> 00:40:20,624
bit. They're attached to the facade

695
00:40:20,624 --> 00:40:22,893
but protrude a bit into the public right away.

696
00:40:22,893 --> 00:40:26,897
ada push activators so sometimes they can't be

697
00:40:26,897 --> 00:40:28,232
installed directly on the facade but might have to be a

698
00:40:28,232 --> 00:40:34,705
little bit right up against the building but in the public

699
00:40:34,705 --> 00:40:35,906
right away. And so the legislation before

700
00:40:35,906 --> 00:40:41,906
you would exempt a very specific set of items or

701
00:40:42,312 --> 00:40:46,249
installations that would no longer need to obtain a minor

702
00:40:46,249 --> 00:40:49,530
encroachment permit from public works department, they would

703
00:40:49,530 --> 00:40:50,454
still need to have the approvals through department

704
00:40:50,454 --> 00:40:54,191
building inspection so that will not go away but the

705
00:40:54,191 --> 00:40:58,195
separate permit that also entails not only a fee, a one

706
00:40:58,195 --> 00:41:01,599
time permit fee but also an annual assessment rate that

707
00:41:01,599 --> 00:41:05,469
would that would go away under this proposed legislation.

708
00:41:05,469 --> 00:41:09,406
>> some of the applications for accessibility related sidewalk

709
00:41:09,406 --> 00:41:10,674
improvements can take anywhere from 6 to 12 months.

710
00:41:10,674 --> 00:41:14,344
so we're really trying to again save people time and money by

711
00:41:14,344 --> 00:41:17,882
avoiding getting the minor encroachment permit for these

712
00:41:17,882 --> 00:41:21,485
specific items. So with that I think there is

713
00:41:21,485 --> 00:41:24,955
no planning recommendation on this one.

714
00:41:24,955 --> 00:41:28,358
so I'll turn it back to you. >> great.

715
00:41:28,358 --> 00:41:33,163
thank you so much. >> I do not see anyone on the

716
00:41:33,163 --> 00:41:38,563
roster. >> I think this is a as to to

717
00:41:39,436 --> 00:41:40,571
reinforce the word president and what's that?

718
00:41:40,571 --> 00:41:44,410
it's super exciting to see this and potentially transformative

719
00:41:44,410 --> 00:41:47,778
so that's really great. >> let's go to public comment

720
00:41:47,778 --> 00:41:50,381
on this item please. Mr. Clerk thank you madam chair

721
00:41:50,381 --> 00:41:51,248
. Land use and transportation

722
00:41:51,248 --> 00:41:53,450
will now hear public comment related to agenda item number

723
00:41:53,450 --> 00:41:54,852
five cafe tables and chairs. If you have public comment for

724
00:41:54,852 --> 00:42:00,852
this item we have a table set up for you.

725
00:42:01,200 --> 00:42:02,710
>> no one's here for public comment.

726
00:42:02,710 --> 00:42:08,710
madam chair public comment is now closed and supervisor what

727
00:42:08,210 --> 00:42:13,610
mode would you like to move this motion to?

728
00:42:14,884 --> 00:42:19,354
>> I like to make a motion to send this item to the full

729
00:42:19,354 --> 00:42:20,422
board. The positive recommendation

730
00:42:20,422 --> 00:42:23,159
motion offered by a member mahmud that the ordinance be

731
00:42:23,159 --> 00:42:24,693
recommended to the board of supervisors on that motion vice

732
00:42:24,693 --> 00:42:30,299
chair chen chen I am member mahmood I moved I chair melgar

733
00:42:30,299 --> 00:42:37,499
I melgar I madam chair there are three eyes okay thank you.

734
00:42:37,506 --> 00:42:42,440
>> I think supervisor and garcia wanted to be here

735
00:42:42,440 --> 00:42:48,440
for the next item. >> item number six but he's not

736
00:42:49,251 --> 00:42:53,188
here so why don't we go ahead and present?

737
00:42:53,188 --> 00:42:56,992
>> would you like me to call item number six, madam chair?

738
00:42:56,992 --> 00:43:00,529
>> yes, go ahead. Agenda item number six is an

739
00:43:00,529 --> 00:43:03,666
ordinance amending the planning code to streamline and simplify

740
00:43:03,666 --> 00:43:04,934
the process for obtaining and extending temporary use

741
00:43:04,934 --> 00:43:08,871
authorizations or implement standard requirements for any

742
00:43:08,871 --> 00:43:11,941
temporary use authorization and permit as temporary uses.

743
00:43:11,941 --> 00:43:16,780
seasonal political campaign offices for up to one year

744
00:43:16,780 --> 00:43:19,415
and extend the maximum time period for a pop up retail

745
00:43:19,415 --> 00:43:23,152
temporary use to three years. It affirms the planning

746
00:43:23,152 --> 00:43:24,286
department secret determinations and makes

747
00:43:24,286 --> 00:43:28,624
findings of consistency with the general plan and planning

748
00:43:28,624 --> 00:43:32,824
code section 302 okay. Welcome again to director.

749
00:43:33,829 --> 00:43:37,320
all right. Sorry this is the last one

750
00:43:37,320 --> 00:43:39,968
you'll hear from me as part of the permit s.f. Legislative

751
00:43:39,968 --> 00:43:40,969
package. This one has to do with

752
00:43:40,969 --> 00:43:44,907
temporary use authorizations. And our goal here is really to

753
00:43:44,907 --> 00:43:51,507
simplify and clarify pop ups and temporary use that you can

754
00:43:51,914 --> 00:43:53,449
engage in currently under the planning code you'll see here

755
00:43:53,449 --> 00:43:57,586
on the far right graphic there about 19 different categories.

756
00:43:57,586 --> 00:44:00,923
so it can be a little bit confusing about which category

757
00:44:00,923 --> 00:44:04,660
you should fit under. So really our goal here is to

758
00:44:04,660 --> 00:44:09,640
consolidate simplify I we want to clarify what retail pop up

759
00:44:09,640 --> 00:44:15,270
use actually means and I think expand it a little bit as well

760
00:44:15,270 --> 00:44:20,900
. And also we I don't know if you

761
00:44:20,900 --> 00:44:24,130
want to pause and continue. >> all right.

762
00:44:24,130 --> 00:44:27,950
we also want to better clarify the duration that each of these

763
00:44:27,950 --> 00:44:31,287
two a's is temporary use authorizations can be in place

764
00:44:31,287 --> 00:44:35,230
for as well as the maximum amount of total time.

765
00:44:35,230 --> 00:44:38,961
so for example, if you had to renew a pop up use and so

766
00:44:38,961 --> 00:44:43,320
examples of where a temporary use authorizations are helpful

767
00:44:43,320 --> 00:44:46,768
and I know super is supervisor and engardio just joined but

768
00:44:46,768 --> 00:44:49,839
the outer sunset farmer's market is one example where it

769
00:44:49,839 --> 00:44:53,178
takes place in an r h one district where typically retail

770
00:44:53,178 --> 00:44:56,848
sales and service cannot occur and so that is a very useful

771
00:44:56,848 --> 00:45:00,251
tool to have a temporary use authorization for that.

772
00:45:00,251 --> 00:45:08,193
and we have a photo here of of gumbo as well and they were

773
00:45:08,193 --> 00:45:09,593
able to open up sorry gumbo social and they were able to

774
00:45:09,593 --> 00:45:13,131
open up shop over on third street after having popped up

775
00:45:13,131 --> 00:45:16,534
many times at the outer sunset farmer's market and still do so

776
00:45:16,534 --> 00:45:20,471
that's been a great outcome of the t v usage there as many

777
00:45:20,471 --> 00:45:24,475
businesses like to test out concepts before they then go

778
00:45:24,475 --> 00:45:27,745
ahead and open up their own brick and mortar location.

779
00:45:27,745 --> 00:45:32,830
so I think that is it and then I'll turn it over to aaron star

780
00:45:32,830 --> 00:45:34,419
for the planning department recommendation.

781
00:45:34,419 --> 00:45:39,290
>> mr. Start, before you come up I just want to welcome at

782
00:45:39,290 --> 00:45:43,294
district bourse and sponsor this legislation as supervisor

783
00:45:43,294 --> 00:45:47,298
joel and engardio supervisor would you like to say a few

784
00:45:47,298 --> 00:45:49,967
words before I bring mr. Starr up?

785
00:45:49,967 --> 00:45:50,702
>> sure. Thank you.

786
00:45:50,702 --> 00:45:53,904
I just want to say that I obviously wholeheartedly

787
00:45:53,904 --> 00:45:58,442
support this and hope to have your support for the mayor's

788
00:45:58,442 --> 00:46:01,646
efforts for permit stuff. And just I want to add katie

789
00:46:01,646 --> 00:46:06,250
had mentioned or director tang had mentioned about some pop

790
00:46:06,250 --> 00:46:09,920
ups that were successful. Another one smokin d's got

791
00:46:09,920 --> 00:46:17,120
their start at the farmer's market and they then did a they

792
00:46:17,195 --> 00:46:21,199
did a booth at this at the night market and now there are

793
00:46:21,199 --> 00:46:22,599
brick and mortar on irving street so which is wonderful.

794
00:46:22,599 --> 00:46:25,470
so I just want to see more of that.

795
00:46:25,470 --> 00:46:28,673
they have lines out the door so it's a good success story.

796
00:46:28,673 --> 00:46:32,760
>> thank you. Supervisor okay now mr. Starr

797
00:46:32,760 --> 00:46:33,344
thank you. I think the planning commission

798
00:46:33,344 --> 00:46:36,213
heard this on june 26th and recommended approval.

799
00:46:36,213 --> 00:46:39,950
I will note that this absolves you of the sin of being not

800
00:46:39,950 --> 00:46:43,870
in compliance at the planning code all of your political

801
00:46:43,870 --> 00:46:47,424
offices were illegal and so this legalizes I am happy to

802
00:46:47,424 --> 00:46:48,358
answer any questions. >> thanks.

803
00:46:48,358 --> 00:46:51,495
mine was in my garage so all right.

804
00:46:51,495 --> 00:46:55,699
thank you so much at let's go to public comment on this item

805
00:46:55,699 --> 00:46:56,701
please. >> thank you madam chair.

806
00:46:56,701 --> 00:46:59,637
land use and transportation will now hear public comment

807
00:46:59,637 --> 00:47:02,373
related to agenda item number six if you have public comment

808
00:47:02,373 --> 00:47:05,309
for this item please come forward to the lectern at this

809
00:47:05,309 --> 00:47:06,377
time and it appears we have no speakers.

810
00:47:06,377 --> 00:47:10,470
>> madam chair okay with that public comment is now closed.

811
00:47:10,470 --> 00:47:14,384
supervisor mahmood I'd like to send this make a motion to send

812
00:47:14,384 --> 00:47:16,988
this item to the full board with a positive recommendation

813
00:47:16,988 --> 00:47:20,991
on the motion offered by member mark moved that the ordinance

814
00:47:20,991 --> 00:47:24,261
be recommended to the board of supervisors vice chair 1010 I

815
00:47:24,261 --> 00:47:29,934
remember when mahmood I chair melgar I melgar I madam chair

816
00:47:29,934 --> 00:47:30,934
there are three eyes okay thank you.

817
00:47:30,934 --> 00:47:34,710
>> that motion passes. >> okay thank you.

818
00:47:34,710 --> 00:47:37,141
we got that through that pretty quickly.

819
00:47:37,141 --> 00:47:40,878
thank you so much. Team let's go to item number

820
00:47:40,878 --> 00:47:44,561
eight please. >> you want to go to eight or

821
00:47:44,561 --> 00:47:49,361
number seven? Sorry seven two want to skip

822
00:47:51,968 --> 00:47:54,971
one and item number seven is an ordinance amending the planning

823
00:47:54,971 --> 00:47:58,108
code to provide conditions for repairing relocation of

824
00:47:58,108 --> 00:48:01,511
existing complying structures within required yards grant

825
00:48:01,511 --> 00:48:02,779
unpermitted residential structures within yards that

826
00:48:02,779 --> 00:48:07,579
were constructed before 23 non complying status and allow

827
00:48:08,985 --> 00:48:11,988
accessory structures up to ten feet in height and 120ft2

828
00:48:11,988 --> 00:48:16,660
within required yards amending the building code to exempt

829
00:48:16,660 --> 00:48:19,729
accessory structures up to 120ft2 from building permits

830
00:48:19,729 --> 00:48:22,933
affirming the planning department secret determination

831
00:48:22,933 --> 00:48:24,200
and making findings of consistency with the general

832
00:48:24,200 --> 00:48:29,000
plan and findings of necessity, convenience and welfare.

833
00:48:29,606 --> 00:48:31,207
>> thank you so much. We have the sponsor of the

834
00:48:31,207 --> 00:48:33,943
legislation supervisor and engardio here with us

835
00:48:33,943 --> 00:48:38,148
supervisor card you may remember that my story was

836
00:48:38,148 --> 00:48:45,489
in the paper when I tried to put a pergola in my backyard

837
00:48:45,489 --> 00:48:46,757
and I couldn't figure out what the requirements were.

838
00:48:46,757 --> 00:48:50,360
I couldn't figure out what the requirements were.

839
00:48:50,360 --> 00:48:53,960
>> it's pretty confusing. So thank you so much for doing

840
00:48:53,960 --> 00:48:54,164
this and the floor is yours. >> thank you.

841
00:48:54,164 --> 00:48:57,367
good afternoon chair melgar, members chair and mahmud.

842
00:48:57,367 --> 00:49:00,971
this legislation was born of the frustration that even the

843
00:49:00,971 --> 00:49:04,307
chair melgar felt and many district four residents who I

844
00:49:04,307 --> 00:49:07,844
represent who are dealing with lots of headaches when they

845
00:49:07,844 --> 00:49:11,447
decide to improve or fix their long standing accessory yard

846
00:49:11,447 --> 00:49:14,985
structures on the west side. I know many homeowners that

847
00:49:14,985 --> 00:49:18,255
have backyard garden sheds, decks and stairways and these

848
00:49:18,255 --> 00:49:19,656
structures have existed for decades without inspections

849
00:49:19,656 --> 00:49:23,326
complaints or stamped permits. But the moment a homeowner

850
00:49:23,326 --> 00:49:26,997
decides to start on a basic improvement project, they're

851
00:49:26,997 --> 00:49:30,333
required to navigate our complex building and planning

852
00:49:30,333 --> 00:49:31,668
codes and this can be a daunting experience and one

853
00:49:31,668 --> 00:49:34,805
that could cost months of delays, thousands of dollars or

854
00:49:34,805 --> 00:49:38,742
critical life safety issues. And in subsequent conversations

855
00:49:38,742 --> 00:49:41,878
with planning staff I learned this issue was not limited to

856
00:49:41,878 --> 00:49:43,130
those living in single family homes.

857
00:49:43,130 --> 00:49:46,416
it's a ubiquitous challenge faced by building owners across

858
00:49:46,416 --> 00:49:49,353
the whole city. So imagine receiving a notice

859
00:49:49,353 --> 00:49:53,356
of violation for a year or rear yard encroachment that puts a

860
00:49:53,356 --> 00:49:57,360
home renovation project on hold or halts the reconstruction of

861
00:49:57,360 --> 00:49:58,561
a crucial emergency exit stairway for tenants.

862
00:49:58,561 --> 00:50:02,165
it should not have to be this way and you shouldn't be

863
00:50:02,165 --> 00:50:05,102
required to have a law degree to know what can and cannot be

864
00:50:05,102 --> 00:50:06,169
done with your a year rear yard.

865
00:50:06,169 --> 00:50:08,838
so we need to make the government less confusing

866
00:50:08,838 --> 00:50:11,975
and more accessible to regular residents and a simple home

867
00:50:11,975 --> 00:50:15,445
improvement project like a storage shed, a deck or

868
00:50:15,445 --> 00:50:16,913
renovation of a sunroom should not require a public hearing.

869
00:50:16,913 --> 00:50:20,650
countless hours of navigating code building and planning

870
00:50:20,650 --> 00:50:24,320
staff or the prospect of steep fines and penalties.

871
00:50:24,320 --> 00:50:27,457
so this legislation intends to clarify what people can do with

872
00:50:27,457 --> 00:50:31,610
their rear yards. I want to thank exemplary

873
00:50:31,610 --> 00:50:35,650
planning staff audra maloney, corey teague and deputy city

874
00:50:35,650 --> 00:50:39,536
attorney rob coppola for their thoughtful collaboration with

875
00:50:39,536 --> 00:50:41,204
my office on this legislation. I also want to thank liz waddy

876
00:50:41,204 --> 00:50:43,941
and mayor lori staff for incorporating this into the

877
00:50:43,941 --> 00:50:47,677
mayor's permit initiative. We all know yards are valuable

878
00:50:47,677 --> 00:50:51,615
open spaces and I know staff diligently explored every

879
00:50:51,615 --> 00:50:55,152
possible project scenario to ensure the right controls

880
00:50:55,152 --> 00:50:56,352
remained in place to protect these spaces.

881
00:50:56,352 --> 00:51:00,490
and with that and with that I would like to discuss the scope

882
00:51:00,490 --> 00:51:03,626
of planning staff's requested legislative amendments.

883
00:51:03,626 --> 00:51:09,260
so requested amendment number one amend section 136c23 to

884
00:51:10,166 --> 00:51:13,770
clarify that detached structures allowed in yards may

885
00:51:13,770 --> 00:51:17,774
not contain sleeping quarters. Requested amendment number to

886
00:51:17,774 --> 00:51:21,310
allow non-compliant structures to be relocated so they retain

887
00:51:21,310 --> 00:51:22,779
their original setback distance rather than requiring a new

888
00:51:22,779 --> 00:51:25,515
one. Allow for the installation of

889
00:51:25,515 --> 00:51:29,510
new fire rated walls without requiring a variance as they

890
00:51:29,510 --> 00:51:32,789
are usually at or directly adjacent to property lines.

891
00:51:32,789 --> 00:51:35,658
requested amendment number three strike the variance

892
00:51:35,658 --> 00:51:39,258
application refund provision and that's it.

893
00:51:39,329 --> 00:51:43,266
these amendments are not yet ready to be introduced so I

894
00:51:43,266 --> 00:51:46,803
will request the chair motion to continue this item until the

895
00:51:46,803 --> 00:51:50,406
land use meeting on monday july 14th.

896
00:51:50,406 --> 00:51:53,477
>> so thank you chair melgar and members of the committee.

897
00:51:53,477 --> 00:51:56,477
thank you supervisor and engardio.

898
00:51:57,814 --> 00:52:02,418
>> I will make a motion to to continue it to the call of the

899
00:52:02,418 --> 00:52:05,488
chair because I'm not sure what that meeting looks like and I

900
00:52:05,488 --> 00:52:10,930
dare not do it outside of jen those that purview and can I

901
00:52:10,930 --> 00:52:13,630
just ask ms.. Maloney a question?

902
00:52:13,630 --> 00:52:19,630
what is when we exempt a sleeping quarters what does

903
00:52:20,503 --> 00:52:21,304
that mean? >> thank you.

904
00:52:21,304 --> 00:52:25,175
chair melgar audrey maloney a planning department staff

905
00:52:25,175 --> 00:52:28,245
sleeping quarters essentially is our way of being able to put

906
00:52:28,245 --> 00:52:31,782
an enforcement mechanism into the idea that we do not want

907
00:52:31,782 --> 00:52:35,852
these to become dwelling units. So the term that we chose was

908
00:52:35,852 --> 00:52:37,187
sleeping quarters. A similar term is used in the

909
00:52:37,187 --> 00:52:40,257
state building code. We're essentially just trying

910
00:52:40,257 --> 00:52:43,193
to make sure that if a complaint is filed about

911
00:52:43,193 --> 00:52:46,797
somebody sleeping in one of these accessory structures we

912
00:52:46,797 --> 00:52:50,467
have something that states what qualifies and what doesn't

913
00:52:50,467 --> 00:52:51,535
qualify. Sleeping quarters felt like a

914
00:52:51,535 --> 00:52:57,874
fairly understandable term to us so that we can go out

915
00:52:57,874 --> 00:53:02,612
and enforce against there being beds in these places where

916
00:53:02,612 --> 00:53:03,679
people are actually sleeping overnight.

917
00:53:03,679 --> 00:53:07,160
>> yeah I understand that but how about like a hammock or you

918
00:53:07,160 --> 00:53:12,155
know I'm jewish in the fall we do so and we sleep out there.

919
00:53:12,155 --> 00:53:13,757
you know that one night. So I'm wondering what's who

920
00:53:13,757 --> 00:53:17,293
assesses that and what what is that lately?

921
00:53:17,293 --> 00:53:20,893
yes. Well our enforcement is not

922
00:53:21,364 --> 00:53:24,768
perfect with anything that is alleged to be an illegal

923
00:53:24,768 --> 00:53:28,514
dwelling unit. However, if you had something

924
00:53:28,514 --> 00:53:32,786
where somebody sleeps out there once or twice a year or more

925
00:53:32,786 --> 00:53:37,189
but essentially they're not living out there, we want to

926
00:53:37,189 --> 00:53:40,460
make sure it's clear that this is not to be used as a dwelling

927
00:53:40,460 --> 00:53:44,530
unit and so in theory somebody could a neighbor who sees

928
00:53:44,530 --> 00:53:48,201
somebody sleeping out there even if it's on occasion could

929
00:53:48,201 --> 00:53:51,938
file a complaint and our enforcement planners would ask

930
00:53:51,938 --> 00:53:55,342
to conduct a site inspection and if there were more

931
00:53:55,342 --> 00:53:59,542
permanent sleeping quarters visible in the accessory

932
00:53:59,612 --> 00:54:01,140
structure, we would require that those be removed.

933
00:54:01,140 --> 00:54:04,160
>> but a hammock out there would not a hammock would not

934
00:54:04,160 --> 00:54:07,160
be considered a sleeping structure.

935
00:54:07,190 --> 00:54:07,954
okay. Thank you so much, ms..

936
00:54:07,954 --> 00:54:10,557
maloney and thank you supervisor and engardio.

937
00:54:10,557 --> 00:54:14,360
I don't see any other questions or comments from my colleagues

938
00:54:14,360 --> 00:54:15,428
. Let's go to public comment on

939
00:54:15,428 --> 00:54:18,298
this item and then I'll make the motion to continue it.

940
00:54:18,298 --> 00:54:19,699
>> thank you madam chair. Land use and transportation

941
00:54:19,699 --> 00:54:23,303
will now hear public comment related to agenda item number

942
00:54:23,303 --> 00:54:24,637
seven if you have public comment for this item please

943
00:54:24,637 --> 00:54:26,839
come forward selectman and you may begin.

944
00:54:26,839 --> 00:54:31,390
>> eileen bogan coalition for san francisco neighborhoods

945
00:54:31,243 --> 00:54:34,848
speaking on my own behalf concurring with the committee

946
00:54:34,848 --> 00:54:36,182
to continue this item. This item was heard at the

947
00:54:36,182 --> 00:54:41,582
planning commission just last week with both the sponsor

948
00:54:41,788 --> 00:54:45,658
and his chief of staff present in person.

949
00:54:45,658 --> 00:54:49,528
last week's planning commission hearing had 23 items and lasted

950
00:54:49,528 --> 00:54:52,866
seven hours. >> item 23 was the zoning

951
00:54:52,866 --> 00:54:56,466
hearing. However, this item was item

952
00:54:56,736 --> 00:55:00,740
number 17 having this minor code correction which was

953
00:55:00,740 --> 00:55:05,100
clearly non-urgent on a packaging and could be seen as

954
00:55:05,100 --> 00:55:09,820
abuse of discretion. Here we are just four four days

955
00:55:09,820 --> 00:55:12,685
later with this minor and non-urgent legislation on

956
00:55:12,685 --> 00:55:16,155
the land use and transportation committee agenda shows four

957
00:55:16,155 --> 00:55:19,250
days before the 4th of july holiday.

958
00:55:19,250 --> 00:55:23,430
this could also be seen as abuse of discretion even for

959
00:55:23,430 --> 00:55:26,899
this minor legislation. >> there are issues on page

960
00:55:26,899 --> 00:55:30,636
three line 11 the text should read one half bathrooms not

961
00:55:30,636 --> 00:55:34,240
bathrooms. >> this is just one of the

962
00:55:34,240 --> 00:55:35,175
issues. >> to be clear, this

963
00:55:35,175 --> 00:55:41,175
legislation will not change the narrative in district four as

964
00:55:41,247 --> 00:55:44,317
caesar said when he crossed the rubicon, the die is cast.

965
00:55:44,317 --> 00:55:48,517
>> thank you. We have any further comments

966
00:55:48,855 --> 00:55:51,925
for agenda item number seven? >> okay public comment on this

967
00:55:51,925 --> 00:55:55,729
item is now closed. >> I'd like to make a motion

968
00:55:55,729 --> 00:55:59,799
that we continue this item to the call of the chair please on

969
00:55:59,799 --> 00:56:03,200
the motion offered by the chair that the ordinance be continued

970
00:56:03,200 --> 00:56:05,472
to the call. The chair first chair chin chin

971
00:56:05,472 --> 00:56:09,875
I member marchman. Mahmood I chair melgar I alker

972
00:56:09,875 --> 00:56:15,875
I madam chair there are three eyes okay thank you.

973
00:56:16,216 --> 00:56:17,350
and now let's go to item number eight please.

974
00:56:17,350 --> 00:56:20,840
mr. Clerk. >> agenda item number eight is

975
00:56:20,840 --> 00:56:24,110
an ordinance amending the planning and subdivisions codes

976
00:56:24,110 --> 00:56:27,846
to allow separate conveyance of certain accessory dwelling

977
00:56:27,846 --> 00:56:32,184
units and a sociate in primary residences as condominiums.

978
00:56:32,184 --> 00:56:33,585
it affirms the planning's planning department secret

979
00:56:33,585 --> 00:56:36,521
determination makes findings of consistency with a general plan

980
00:56:36,521 --> 00:56:39,858
and adopts findings of public necessity, convenience

981
00:56:39,858 --> 00:56:44,580
and welfare. >> thank you so much again

982
00:56:44,329 --> 00:56:48,670
welcome supervisor and garcia the floor is yours.

983
00:56:48,670 --> 00:56:49,267
>> thank you. Thank you again chair melgar

984
00:56:49,267 --> 00:56:51,936
and supervisors since I was last here on this item april

985
00:56:51,936 --> 00:56:55,674
21st my office has been in consultation with

986
00:56:55,674 --> 00:56:57,142
stakeholders and advocates. It's always been my goal to

987
00:56:57,142 --> 00:56:59,745
make sure this legislation does nothing to lessen existing

988
00:56:59,745 --> 00:57:03,816
tenant protections while also creating opportunities to add

989
00:57:03,816 --> 00:57:06,618
infill housing within our neighborhoods.

990
00:57:06,618 --> 00:57:08,860
colleagues I would like to request the committee make the

991
00:57:08,860 --> 00:57:11,220
following amendment to this legislation on page 14 line six

992
00:57:11,220 --> 00:57:15,293
strike this line entirely which reads or no certificate of

993
00:57:15,293 --> 00:57:18,564
occupancy has been issued for the adu.

994
00:57:18,564 --> 00:57:22,100
it's my understanding this amendment is not substantive

995
00:57:22,100 --> 00:57:25,437
but I defer to deputy city attorney brad russi to confirm

996
00:57:25,437 --> 00:57:26,905
and thank you chair melgar and members of the committee.

997
00:57:26,905 --> 00:57:29,842
I hope to have your support on this amendment and to send this

998
00:57:29,842 --> 00:57:31,243
item as a committee report to the full board with

999
00:57:31,243 --> 00:57:33,643
recommendation. >> thank you supervisor

1000
00:57:33,912 --> 00:57:39,912
and engardio and miss maloney did you have a presentation?

1001
00:57:41,120 --> 00:57:45,524
can you tell us what the planning commission did?

1002
00:57:45,524 --> 00:57:50,195
>> absolutely that we did present on this on the 21st but

1003
00:57:50,195 --> 00:57:53,731
I'd be happy to give you a summary.

1004
00:57:53,731 --> 00:57:56,868
generally the planning commission recommended a host

1005
00:57:56,868 --> 00:57:58,470
of amendments that were made to the ordinance and we thank the

1006
00:57:58,470 --> 00:58:02,740
supervisor for doing so. The amendments were generally

1007
00:58:02,740 --> 00:58:05,744
within the ilk of trying to make sure that we were not

1008
00:58:05,744 --> 00:58:11,144
displacing any tenants and that we were protecting unauthorized

1009
00:58:11,817 --> 00:58:13,152
dwelling units. Would you like me to break down

1010
00:58:13,152 --> 00:58:15,554
the amendments that the commission recommended?

1011
00:58:15,554 --> 00:58:17,554
>> sure. Great.

1012
00:58:19,240 --> 00:58:25,240
so at that hearing in february the commission recommended one

1013
00:58:26,310 --> 00:58:29,435
to limit the program to existing single family homes

1014
00:58:29,435 --> 00:58:30,835
and existing condominiums that are proposing to construct a

1015
00:58:30,835 --> 00:58:35,350
new detached you through the state program.

1016
00:58:35,400 --> 00:58:39,445
secondly, to limit the program to new construction, single

1017
00:58:39,445 --> 00:58:42,580
family homes and new construction condominium

1018
00:58:42,580 --> 00:58:46,785
projects proposing to construct a detached or attached to you

1019
00:58:46,785 --> 00:58:47,986
through the state program. The second recommended

1020
00:58:47,986 --> 00:58:51,656
modification was to move the state mandated requirements to

1021
00:58:51,656 --> 00:58:54,926
the subdivision code. The third was to make several

1022
00:58:54,926 --> 00:58:58,263
clarifying amendments. The first was to clarify that

1023
00:58:58,263 --> 00:59:01,333
an application to construction at a you may be submitted

1024
00:59:01,333 --> 00:59:04,602
concurrently with the condominium application and the

1025
00:59:04,602 --> 00:59:05,871
second is to clarify that eligible 80 use and their

1026
00:59:05,871 --> 00:59:09,674
primary units must meet the same planning code standards

1027
00:59:09,674 --> 00:59:12,752
that are applied to all other condominium conversion projects

1028
00:59:12,752 --> 00:59:16,220
so that section 1383 of the subdivision code.

1029
00:59:16,220 --> 00:59:19,625
and again I believe that the second version of the

1030
00:59:19,625 --> 00:59:23,496
legislation incorporates the spirit of those amendments as

1031
00:59:23,496 --> 00:59:27,960
they were written to the record.

1032
00:59:27,166 --> 00:59:28,167
>> okay. Thank you so much, ms..

1033
00:59:28,167 --> 00:59:34,107
maloney and I see that vice chair chen has some comments.

1034
00:59:34,107 --> 00:59:38,440
I will just say thank you supervisor and engardio for

1035
00:59:38,440 --> 00:59:41,781
your work on this. >> as you know the family

1036
00:59:41,781 --> 00:59:46,385
special use family and senior housing special use district

1037
00:59:46,385 --> 00:59:49,188
that was passed by this board two years ago allows for

1038
00:59:49,188 --> 00:59:55,188
subdivision of 80 use and I think that this is consistent

1039
00:59:56,662 --> 01:00:01,000
you know to have you know, this option for property owners as

1040
01:00:01,000 --> 01:00:04,804
well. I appreciate your work on it.

1041
01:00:04,804 --> 01:00:08,674
my concern was that it be standardized so that folks, you

1042
01:00:08,674 --> 01:00:12,278
know, know what to expect depending on the regime that

1043
01:00:12,278 --> 01:00:15,882
they choose. So with that I just thank you,

1044
01:00:15,882 --> 01:00:18,884
ms.. Maloney, for all of your work

1045
01:00:18,884 --> 01:00:20,553
on it and for making sure that we are following the spirit of

1046
01:00:20,553 --> 01:00:25,953
what we're trying to do. Supervisor chen, thank you,

1047
01:00:26,292 --> 01:00:30,296
chair malka thank you. >> supervising gadiel I do

1048
01:00:30,296 --> 01:00:31,764
support this with our goal of this legislation is to

1049
01:00:31,764 --> 01:00:35,364
incentivize the production of addus especially

1050
01:00:35,568 --> 01:00:39,305
in neighborhood character raised by single family homes

1051
01:00:39,305 --> 01:00:42,642
which is also district 11. We have 62% homeownership.

1052
01:00:42,642 --> 01:00:46,379
>> the legislation also provides a pathway to enable

1053
01:00:46,379 --> 01:00:50,249
single home families to recoup their investment when they

1054
01:00:50,249 --> 01:00:53,586
construct a new rtu and increase the supply of

1055
01:00:53,586 --> 01:00:56,586
additional entry level housing units.

1056
01:00:57,523 --> 01:01:01,594
with that I also want to thank you for that effort and I also

1057
01:01:01,594 --> 01:01:05,331
really appreciate that we further look into it that we do

1058
01:01:05,331 --> 01:01:06,331
not undermine tenant provisions.

1059
01:01:06,331 --> 01:01:12,405
so and I really appreciate you assure that this is not this is

1060
01:01:12,405 --> 01:01:13,606
also our goal. >> and I also continue to want

1061
01:01:13,606 --> 01:01:16,675
to make sure that we incorporate amendments as

1062
01:01:16,675 --> 01:01:20,612
requested by the community and that will ensure that

1063
01:01:20,612 --> 01:01:24,350
tenant protection during the process of all this adu condo

1064
01:01:24,350 --> 01:01:25,818
conversions are all comply and thank you so much for your

1065
01:01:25,818 --> 01:01:32,418
effort and making more what we call house rich cash poor

1066
01:01:32,558 --> 01:01:37,958
community have more options and thank you thank you

1067
01:01:39,165 --> 01:01:46,365
supervisor chen so you know the reason why we had included the

1068
01:01:47,240 --> 01:01:50,843
possibility to do subdivisions and the family and senior study

1069
01:01:50,843 --> 01:01:54,913
was because you know in addition to the to the

1070
01:01:54,913 --> 01:01:58,917
reasons that you listed supervisor chen to recoup your

1071
01:01:58,917 --> 01:02:02,387
investment and to allow for more affordability of for

1072
01:02:02,387 --> 01:02:06,740
property owners and there is also the possibility of

1073
01:02:06,740 --> 01:02:10,145
subdivide subdividing and also passing on a property to your

1074
01:02:10,145 --> 01:02:14,149
heir as while you're alive which has some tax segment

1075
01:02:14,149 --> 01:02:18,860
significant tax advantages. And so it does present a way

1076
01:02:18,860 --> 01:02:22,157
for families to you know, hang on to generational wealth

1077
01:02:22,157 --> 01:02:26,957
particularly in neighborhoods that have been excluded from

1078
01:02:27,290 --> 01:02:30,165
that which such as you know, district 11 and other

1079
01:02:30,165 --> 01:02:34,570
neighborhoods that have low incomes but high homeownership

1080
01:02:34,570 --> 01:02:37,973
rates like, you know, excels your bayview.

1081
01:02:37,973 --> 01:02:42,377
so I think this is a good thing at supervise as well.

1082
01:02:42,377 --> 01:02:43,712
let's let's go to public comment because I do have an

1083
01:02:43,712 --> 01:02:46,982
amendment as well that I have spoken with with a supervisor.

1084
01:02:46,982 --> 01:02:50,719
so with that, mr. Clerk, let's go to public comment on this

1085
01:02:50,719 --> 01:02:53,719
item. >> thank you, madam chair.

1086
01:02:53,788 --> 01:02:56,124
land use and transportation will now hear public comment on

1087
01:02:56,124 --> 01:02:57,392
agenda item number eight related to condominium

1088
01:02:57,392 --> 01:03:00,195
conversion of accessory dwelling units.

1089
01:03:00,195 --> 01:03:01,796
and I do want to mention one thing that I failed to mention

1090
01:03:01,796 --> 01:03:04,800
when I was calling this item but and gado did pointed out

1091
01:03:04,800 --> 01:03:07,802
and that is that this item is on our agenda as a potential

1092
01:03:07,802 --> 01:03:11,473
committee report and it may be considered by the board of

1093
01:03:11,473 --> 01:03:13,873
supervisors tomorrow july 1st, 2025.

1094
01:03:15,477 --> 01:03:16,812
>> for speaker please. Good afternoon I'm mitchell I'm

1095
01:03:16,812 --> 01:03:19,681
member with the affordable housing alliance in the san

1096
01:03:19,681 --> 01:03:21,550
francisco anti displacement coalition.

1097
01:03:21,550 --> 01:03:23,352
two issues in two minutes. The first is we raised some

1098
01:03:23,352 --> 01:03:27,288
time ago which is that we would like to protect tenants who

1099
01:03:27,288 --> 01:03:30,959
rent single family homes and we would also like to protect

1100
01:03:30,959 --> 01:03:34,229
tenants who live in addus where the subdivision may not happen

1101
01:03:34,229 --> 01:03:37,766
concurrent with the construction of them.

1102
01:03:37,766 --> 01:03:41,569
for that reason we had suggested that the applicant

1103
01:03:41,569 --> 01:03:44,773
owner applying for the subdivision and be an applicant

1104
01:03:44,773 --> 01:03:48,844
owner for three continuous years which is in fact what we

1105
01:03:48,844 --> 01:03:52,848
provide for in every other condo conversion in san

1106
01:03:52,848 --> 01:03:59,448
francisco would that wouldn't seem like to be a tall order

1107
01:04:00,388 --> 01:04:01,856
since we're talking about long term house rich cash poor

1108
01:04:01,856 --> 01:04:05,794
people three years should be pretty easy to meet and would

1109
01:04:05,794 --> 01:04:09,998
provide some protection for tenants so I appreciate working

1110
01:04:09,998 --> 01:04:13,936
on that particular concept with supervisor chan we're

1111
01:04:13,936 --> 01:04:17,500
disappointed that we don't have support on the committee for

1112
01:04:17,500 --> 01:04:21,343
that at this time but we do intend to follow up with it

1113
01:04:21,343 --> 01:04:25,147
in the future so that these conversions can be parallel to

1114
01:04:25,147 --> 01:04:26,548
all the other conversions. >> the second issue is a new

1115
01:04:26,548 --> 01:04:30,352
new language that we first saw at 7 p.m. Last wednesday when

1116
01:04:30,352 --> 01:04:34,423
we saw all this at that point. So it's been kind of a hurry up

1117
01:04:34,423 --> 01:04:37,826
and rush and stop and go and it's a little frustrating

1118
01:04:37,826 --> 01:04:40,829
but this is that there's new language on page 19 I think

1119
01:04:40,829 --> 01:04:44,165
it's line four that says that these 80 new conversions will

1120
01:04:44,165 --> 01:04:47,836
be exempt from every other than the enumerated sections of

1121
01:04:47,836 --> 01:04:51,240
article nine. >> that's really a lot of stuff

1122
01:04:51,240 --> 01:04:54,309
that's really overbroad. There are stuff in article nine

1123
01:04:54,309 --> 01:04:55,577
that we just need administratively like the

1124
01:04:55,577 --> 01:04:59,786
application and and what if the application is denied the

1125
01:04:59,786 --> 01:05:02,789
process to appeal and various other things like that?

1126
01:05:02,789 --> 01:05:06,600
there's also stuff in article nine that clearly is not

1127
01:05:06,600 --> 01:05:08,862
applicable so we don't you wouldn't even need that but

1128
01:05:08,862 --> 01:05:12,732
that needs to be looked at. That is kind of a big deal.

1129
01:05:12,732 --> 01:05:15,269
so I appreciate you taking a look at that at this 11th hour

1130
01:05:15,269 --> 01:05:16,270
and there I go. >> thank you.

1131
01:05:16,270 --> 01:05:19,740
thank you for your comments to the next speaker place eileen

1132
01:05:19,740 --> 01:05:23,677
bogan coalition for san francisco neighborhood speaking

1133
01:05:23,677 --> 01:05:27,214
on my own behalf, I would like to concur with the previous

1134
01:05:27,214 --> 01:05:30,814
speaker. It's my understanding there was

1135
01:05:30,818 --> 01:05:34,487
very little outreach to organizations such as his on

1136
01:05:34,487 --> 01:05:37,957
this and they just received the amended copy last wednesday.

1137
01:05:37,957 --> 01:05:42,563
so I'm urging that the item be continued and also that it not

1138
01:05:42,563 --> 01:05:43,564
be heard tomorrow as a committee report.

1139
01:05:43,564 --> 01:05:47,101
I don't see the rush on it and the that there are is new

1140
01:05:47,101 --> 01:05:51,380
language in there that was about article nine that was not

1141
01:05:51,380 --> 01:05:55,642
in their original lee and that they have really not had the

1142
01:05:55,642 --> 01:06:02,716
time to review so I agree again with mr. Berg that this item is

1143
01:06:02,716 --> 01:06:06,920
not quite ready for prime time and I would urge it be

1144
01:06:06,920 --> 01:06:10,390
continued and not be heard tomorrow as a committee report.

1145
01:06:10,390 --> 01:06:11,458
>> thank you. Thank you for your comments.

1146
01:06:11,458 --> 01:06:15,580
next speaker please. >> hi, good afternoon

1147
01:06:17,931 --> 01:06:19,133
supervisors. My name is brandon but I live

1148
01:06:19,133 --> 01:06:22,469
with the housing action coalition as their community

1149
01:06:22,469 --> 01:06:25,806
organizer and I'm really just here to express my support for

1150
01:06:25,806 --> 01:06:29,877
this legislation and thank supervisor and guardian and all

1151
01:06:29,877 --> 01:06:34,280
of the supervisors and planning staff that have put in a lot of

1152
01:06:34,280 --> 01:06:37,751
time into this really practical thoughtful plan kind of

1153
01:06:37,751 --> 01:06:41,555
speaking for myself as a young person who had lived in san

1154
01:06:41,555 --> 01:06:45,826
francisco for ten years and had to leave due to the short

1155
01:06:45,826 --> 01:06:49,696
housing options that were available to me, I would love

1156
01:06:49,696 --> 01:06:55,696
to see a more complex and abundant variety of housing

1157
01:06:56,770 --> 01:07:00,707
options especially in places where there hasn't been that

1158
01:07:00,707 --> 01:07:04,440
variety I had. >> I can I've tried for years

1159
01:07:04,440 --> 01:07:05,512
and years to live on the west side of san francisco and it

1160
01:07:05,512 --> 01:07:08,115
ended up not being realistic for me.

1161
01:07:08,115 --> 01:07:12,318
but I was able to you know, like so many other san

1162
01:07:12,318 --> 01:07:15,722
francisco residents live in someone's house and have a

1163
01:07:15,722 --> 01:07:20,260
separator by by a sheet and people living in the living

1164
01:07:20,260 --> 01:07:23,860
room. >> and I think that doesn't

1165
01:07:24,630 --> 01:07:28,135
always work for people and there's lots of families

1166
01:07:28,135 --> 01:07:31,671
and individuals that would like to see more housing options

1167
01:07:31,671 --> 01:07:35,675
especially when the opportunity of home ownership is on the

1168
01:07:35,675 --> 01:07:39,680
table. I did not think that I would be

1169
01:07:39,680 --> 01:07:42,949
able to move towards that option personally and so I'm

1170
01:07:42,949 --> 01:07:46,764
really excited to be able to sit here and and support

1171
01:07:46,764 --> 01:07:50,368
something that brings that option closer to reality.

1172
01:07:50,368 --> 01:07:54,238
>> so we really hope to see more of those varieties of

1173
01:07:54,238 --> 01:07:57,708
housing options in the future and really appreciate the

1174
01:07:57,708 --> 01:08:01,645
thoughtfulness in terms of making sure that tenants are

1175
01:08:01,645 --> 01:08:05,850
not displaced and tenant protections and to see the

1176
01:08:05,850 --> 01:08:09,186
conversations keep happening so that we get closer to that

1177
01:08:09,186 --> 01:08:12,186
healthier ecosystem in san francisco.

1178
01:08:12,190 --> 01:08:13,324
>> thank you. Thank you for your comments.

1179
01:08:13,324 --> 01:08:16,260
do we have any further comment or is for agenda item number

1180
01:08:16,260 --> 01:08:16,794
eight? Okay.

1181
01:08:16,794 --> 01:08:21,594
public comment on this item is now closed.

1182
01:08:23,134 --> 01:08:27,204
>> colleagues, I just wanted to address a couple of things that

1183
01:08:27,204 --> 01:08:31,476
we heard from public comment. The first one is about the look

1184
01:08:31,476 --> 01:08:38,676
back and you know I have had lots of conversations with mr.

1185
01:08:38,950 --> 01:08:42,787
omar berg and folks in the tenants rights groups.

1186
01:08:42,787 --> 01:08:49,987
I think the issue for me is that there are separate look

1187
01:08:50,695 --> 01:08:54,895
back requirements in different legislation and different.

1188
01:08:55,433 --> 01:08:58,436
some of it is in the condo conversion ordinance.

1189
01:08:58,436 --> 01:09:02,640
some of it is in the act that we passed a couple of years ago

1190
01:09:02,640 --> 01:09:06,777
and as we are looking at all of the legislation that is coming

1191
01:09:06,777 --> 01:09:10,848
through with the rezoning of high resource area, there's

1192
01:09:10,848 --> 01:09:14,452
going to be yet another. So I would rather wait on that

1193
01:09:14,452 --> 01:09:20,925
until we can have like one standard way of doing it that

1194
01:09:20,925 --> 01:09:24,929
doesn't advantage the state program over our local program

1195
01:09:24,929 --> 01:09:29,400
or you know, it has unintended consequences which is why, you

1196
01:09:29,400 --> 01:09:32,804
know, I am reluctant to support that today.

1197
01:09:32,804 --> 01:09:37,800
as to the other issue which is what mr. I remember talked

1198
01:09:37,800 --> 01:09:43,608
about starting in line to page 19 in the sentence are any 80

1199
01:09:43,748 --> 01:09:46,817
use subject to conversion all the way down to line six to

1200
01:09:46,817 --> 01:09:48,180
dwelling units. I am wondering how you would

1201
01:09:48,180 --> 01:09:51,622
feel supervisor and you about just striking that whole

1202
01:09:51,622 --> 01:09:55,826
paragraph out altogether for I think it's already approved out

1203
01:09:55,826 --> 01:09:59,163
as to form without it because it's been added since

1204
01:09:59,163 --> 01:10:00,297
wednesday. So if that's okay that would be

1205
01:10:00,297 --> 01:10:03,901
a non substantive amendments as we're striking it out and that

1206
01:10:03,901 --> 01:10:06,504
would just take care of that issue.

1207
01:10:06,504 --> 01:10:09,707
>> yep I agree with that. That sounds fine.

1208
01:10:09,707 --> 01:10:13,310
>> okay mr. Rusty, what do you think about that?

1209
01:10:13,310 --> 01:10:18,383
deputy city attorney brad russell yes, that amendment has

1210
01:10:18,383 --> 01:10:22,119
been prepared and I'm I can sign off on that and it would

1211
01:10:22,119 --> 01:10:24,855
be non substantive. I actually had one question for

1212
01:10:24,855 --> 01:10:29,655
supervisor regarding guardian. >> I know you mentioned the

1213
01:10:32,130 --> 01:10:38,130
amendment striking on page 14 line six or no certificate of

1214
01:10:41,625 --> 01:10:45,950
occupancy has been issued for the adu I believe you mentioned

1215
01:10:45,950 --> 01:10:46,960
that one. There was another amendment

1216
01:10:46,960 --> 01:10:49,833
that I think was included and for today which is on page

1217
01:10:49,833 --> 01:10:53,571
and on line nine of that same page.

1218
01:10:53,571 --> 01:10:59,430
>> oh I see under little eye is constructed after january 1st

1219
01:10:59,430 --> 01:11:00,244
2020. >> I believe that there's also

1220
01:11:00,244 --> 01:11:03,381
an amendment for today. I'm sorry I missed that so I

1221
01:11:03,381 --> 01:11:06,450
read that. So line nine where it says is

1222
01:11:06,450 --> 01:11:09,386
constructed after january 1st, 2020, right?

1223
01:11:09,386 --> 01:11:12,386
>> yeah. That's also those two

1224
01:11:12,456 --> 01:11:13,858
amendments are not substantive and they can move forward

1225
01:11:13,858 --> 01:11:14,591
today. >> thank you.

1226
01:11:14,591 --> 01:11:16,860
I think ms. Maloney did, yes. >> okay.

1227
01:11:16,860 --> 01:11:23,460
thank you mr. Omar burke that that paragraph includes a bunch

1228
01:11:23,601 --> 01:11:30,201
of rights and it's new language here that protects their tenant

1229
01:11:30,941 --> 01:11:33,341
protections referencing 1396 eight sorry 1387 1390 1391,

1230
01:11:38,816 --> 01:11:42,219
1392 and 1383. Those are actually rights for

1231
01:11:42,219 --> 01:11:43,688
tenants in these buildings that were one of the things that we

1232
01:11:43,688 --> 01:11:48,159
discussed in the letter from the 80 you the language that is

1233
01:11:48,159 --> 01:11:52,960
problematic really is just that are just line four and no other

1234
01:11:52,960 --> 01:11:56,233
provisions of this article that's the language that's so

1235
01:11:56,233 --> 01:11:58,633
overbroad and problematic. >> okay.

1236
01:11:59,770 --> 01:12:03,390
so you what you are actually recommending is that we strike

1237
01:12:03,390 --> 01:12:06,577
out starting at the comma after 1393.

1238
01:12:06,577 --> 01:12:10,113
>> yes. The words and no other

1239
01:12:10,113 --> 01:12:11,515
provisions of article nine of this code that's what's so

1240
01:12:11,515 --> 01:12:18,715
overbroad in what about after the period I will defer to the

1241
01:12:22,459 --> 01:12:27,859
sponsor because I don't think that's problematic but that's

1242
01:12:34,400 --> 01:12:35,539
because we're trying to address several different situations

1243
01:12:35,539 --> 01:12:38,609
here in this legislation existing single family homes or

1244
01:12:38,609 --> 01:12:42,413
the new adu. But we're also addressing

1245
01:12:42,413 --> 01:12:46,617
existing condominiums and I want to add an ad or new condo.

1246
01:12:46,617 --> 01:12:48,617
okay. >> yeah.

1247
01:12:49,286 --> 01:12:52,286
thank you supervisor and engardio.

1248
01:12:52,890 --> 01:12:56,260
yes. So it sounds like we're keeping

1249
01:12:56,260 --> 01:13:00,164
the lines on page 19 lines four through six and we're striking

1250
01:13:00,164 --> 01:13:03,764
no other provisions of this code.

1251
01:13:06,370 --> 01:13:10,775
>> deputy city attorney brad rusty, I would suggest that

1252
01:13:10,775 --> 01:13:15,512
perhaps we instead say these and any to you subject to

1253
01:13:15,512 --> 01:13:21,512
conversion under this section is subject to article nine of

1254
01:13:22,519 --> 01:13:26,590
this code because I think that the intention is that all the

1255
01:13:26,590 --> 01:13:28,570
requirements of article nine apply to these conversion

1256
01:13:28,570 --> 01:13:30,535
sites. What I'm hearing and by calling

1257
01:13:30,535 --> 01:13:34,673
out those specific sections it might imply that the other ones

1258
01:13:34,673 --> 01:13:38,410
aren't included, aren't well it it says that that's what it's

1259
01:13:38,410 --> 01:13:41,480
basically it says no other provisions of article nine

1260
01:13:41,480 --> 01:13:45,283
and I'm not sure why we would do that right so I concurred.

1261
01:13:45,283 --> 01:13:48,821
keep it simple and just as you said, deputy city attorney

1262
01:13:48,821 --> 01:13:56,621
and so okay so we're since we're doing this on the fly any

1263
01:13:57,295 --> 01:14:01,495
80 you subject to conversion under this section 1390 6.8

1264
01:14:04,169 --> 01:14:07,705
shall be subject to article nine of this code.

1265
01:14:07,705 --> 01:14:11,309
okay. And is that approved as to form

1266
01:14:11,309 --> 01:14:12,511
I can approve that as to form right now.

1267
01:14:12,511 --> 01:14:14,511
okay great. Okay.

1268
01:14:15,314 --> 01:14:18,914
mr. Amberg is that acceptable? >> yeah.

1269
01:14:19,852 --> 01:14:21,520
yeah. I mean it should be great to be

1270
01:14:21,520 --> 01:14:23,855
able to read it and it's make sure it's really saying what we

1271
01:14:23,855 --> 01:14:29,461
wanted to say it's six words shall be subject to article

1272
01:14:29,461 --> 01:14:33,398
nine shall be subject to this to article nine.

1273
01:14:33,398 --> 01:14:37,200
yeah okay that sounds sounds good is my way of doing

1274
01:14:37,200 --> 01:14:40,539
business but okay okay I've never done this before but

1275
01:14:40,539 --> 01:14:44,275
former chair supervisor aaron peskin did it all the time on

1276
01:14:44,275 --> 01:14:47,946
the fly so I'm channeling ms.. >> maloney.

1277
01:14:47,946 --> 01:14:54,687
I'm so sorry chair mugger I just wanted to make sure that

1278
01:14:54,687 --> 01:14:56,154
not being an expert in the administrative code but that

1279
01:14:56,154 --> 01:14:59,491
the language no other provision of article nine of this code I

1280
01:14:59,491 --> 01:15:04,163
wonder if there is some other conflicting provision of

1281
01:15:04,163 --> 01:15:05,364
article nine that this was trying to avoid.

1282
01:15:05,364 --> 01:15:09,234
>> that's I just wanted to bring that up.

1283
01:15:09,234 --> 01:15:13,104
okay. Thanks mr. Sc I think I spoke

1284
01:15:13,104 --> 01:15:16,442
with the attorney who drafted this today and I thought the

1285
01:15:16,442 --> 01:15:20,645
intention about of these amendments was to remove this

1286
01:15:20,645 --> 01:15:23,849
section entirely which would have resulted and these

1287
01:15:23,849 --> 01:15:26,985
conversions being subject to article nine and in its

1288
01:15:26,985 --> 01:15:28,120
entirety. Yeah that was the amendment

1289
01:15:28,120 --> 01:15:31,256
that was proposed initially by a supervisor and gardner but I

1290
01:15:31,256 --> 01:15:35,126
think for clarifying purposes if you want to you know

1291
01:15:35,126 --> 01:15:38,730
accommodate the advocates here, I think it's achieving the same

1292
01:15:38,730 --> 01:15:42,668
thing right? >> which is what I proposed but

1293
01:15:42,668 --> 01:15:49,341
just to restate it, if we were to remove it all together it

1294
01:15:49,341 --> 01:15:50,608
would everything would be subject to article nine.

1295
01:15:50,608 --> 01:15:56,949
but we are super clarifying it by specifically saying any use

1296
01:15:56,949 --> 01:16:00,953
subject to conversion under this section 1390 6.8 shall be

1297
01:16:00,953 --> 01:16:03,689
subject to article nine. Right.

1298
01:16:03,689 --> 01:16:04,355
okay. Right.

1299
01:16:04,355 --> 01:16:07,355
is that acceptable? >> all right.

1300
01:16:07,359 --> 01:16:10,562
so I'd like to make a motion that we amend the legislation

1301
01:16:10,562 --> 01:16:16,562
as just stated and the amendments that were read into

1302
01:16:18,437 --> 01:16:22,792
the record by supervisor and engardio reflecting the

1303
01:16:22,792 --> 01:16:26,528
modifications that were recommended by the planning

1304
01:16:26,528 --> 01:16:32,528
commission and then that we move the legislation as amended

1305
01:16:33,936 --> 01:16:35,204
as a committee report to the full board with a positive

1306
01:16:35,204 --> 01:16:41,204
recommendation a >> motion has been offered by the chair that

1307
01:16:42,679 --> 01:16:46,820
the ordinance be amended as presented and then further

1308
01:16:46,820 --> 01:16:49,886
amended through discussion that we've had here and then

1309
01:16:49,886 --> 01:16:51,220
recommended as amended as a committee report for

1310
01:16:51,220 --> 01:16:56,200
consideration on tomorrow's agenda july 1st, 2025 on that

1311
01:16:56,759 --> 01:17:00,897
motion vice chair chin chin I member marchman mahmud I chair

1312
01:17:00,897 --> 01:17:04,500
I melgar I madam chair there are three eyes thank you that

1313
01:17:04,500 --> 01:17:09,300
motion passes congratulations supervisor and engardio do we

1314
01:17:11,400 --> 01:17:12,410
have any other items on our agenda today?

1315
01:17:12,410 --> 01:17:14,444
>> mr. Clerk there's no further business.

1316
01:17:14,444 --> 01:17:15,445
>> okay. We are now adjourned.

1317
01:17:15,445 --> 01:17:17,445
thank you