>> good afternoon this meeting will come to order. welcome to the march 14, 2024 regular meeting of land use of board of supervisors. i'm supervisor melgar chair of the committee joined by vice president aaron peskin and vice chair dean preston. the clerk is john carol. mr. clerk do you have any announcements? >> clerk: yes, madam chair, please ensure that you have silenced your any electrical devices. if you have brought any paperwork. i'll meet you there.

public comment will be taken on each item of today's agenda when your item of interest is called up and item is called, please line up to speak on this side of the room. you may commit comments either way. or you may send your written comments to our office in city hall. room 3404 san francisco california. it will be forwarded to the members of the panel. and final lima dam chair, items called on today are expect today appear on supervisor board meeting of agenda. >> thank you mr, chair. please call item number 1. >> clerk: item number 1, adding to park street at the

intersection of holly park circle in recognition of sean monte rosa contributions. >> thank you, colleagues this item was introduced by supervisor ronen, she is still recovering. we have jackie here from her office. and the item is cosponsored by supervisor preston's walton and myself, thank you so much for being here. and we do have somebody the monte rosa sisters here, actually and mitchel. thank you. here on behalf on supervisor ronen. i'm here to express our office's strong support of street naming at the intersection of park street and holly park circle located in bernle heights. as you know, sean had his life

taken from him from him by a valejo police officer in 2020. he not only touched the lives of district 9 residents in the burnle height communities but entire bay area. our office has been working with sean's incredible sisters who have okayeder tirelessly to honor sean's memory. this street naming is located where sean's family grew up and where his family still resides today. empowering young people to learn about social justice and leadings. the passing of this item will help the community heal for black and brown youth for who sean was a mentor. we graciously request that you support the resolution and i would love the opportunity to bring up michele and ashley. there is a power point

presentation, if sf gov. tv can share. >> thank you, jackie. good afternoon, ashley, it's nice seeing you. >> thank you for allowing us to make this presentation. since 2020 of losing sean on june 2, our family has found so much purpose in our pain and how they continue sean's wleg see, sean being a son of san francisco and how do we implement his life and legacy is here in the city and not a reminding of his tragic life. i want to present what it means to our community. so next slide. who is sean? sean was a valiant community

member and a beloved son of san francisco through his lived experiences he prioritizes his active involvement within his community and ment order other at-risk youth in san francisco. his friends and colleagues are at horizon a youth organization where sean worked described him as a natural born leader. in this picture, you can see who sean was in his early time in san francisco. sean was a youth that really believed in taking advantage of all the resource that's our city provides to young people. so through the work ashley and i have done, it's about who this was. what are the things that he was able to do. and many of the dis en franchised people don't have access to the nature and the woods and he was one of the planning committee members and taking kids from san francisco

in the bay view daift to i believe it was big basin, so giving them an opportunity to give them an opportunity outside of our concrete jungle close to four years there is been a widespread of art, more recently we have a permanent mural is that basically honoring the life and legacy of sean but also a place where folks and community can gather and spark conversations about who sean was but also what happened to him and how a large population in our youth can see themselves as sean. sean was a labor and youth worker. a lot of community can also see themselves in sean. we also have had a community quilt made by mission practices on 20 4*th and street that a bunch of folks from around the city have contributed to a piece of this quilt. on the bottom line we have the

library, where we have the little tree houses where folks come and drop off cat ral social justice radical. radical we have the little tree houses where folks come and drop off cat ral social justice radical. we've had many art activations at mad son for might nayser. sean was also a artist so we showcase all of the art that sean had created during his short life span and even having a billboard in campaign calling for justice for our brother. and these are some of the other art installation that we've had

over the last three years. and what you can see at the bottom left corner is where we're hoping that the commemorative plaque right in front of the fire station and across the street, elementary school where we grew up but where the knowledge of library rest. so the kids often see ashley and i, they say, you guys are the sisters, my dad takes me to pick up books. knowing that people are getting inspired by his story. what happens if you lose your life the way sean did. it's gauging but also sad it's about human eyesing who sean was and ensuring that the young people know the story and spark conversation about what safety means to us. we only have 30 seconds. >> so from block parties to shifting policies, the commemorative street naming will be a beacon of honor for

sean. so with that, thank you for the time, thank you for hearing us. and xwen, i hope it's a blueprint for other families to do something like this in the respective districts so. thank you for your time and that's it. >> thank you so much ashley and michele. with that, mr. clerk let's go to public comment on this item please. >> clerk: thank you if you're here to give public comment on agenda item number 1, please come forward to the lecturn on your side. and when the first speaker is ready, you can come directly into the microphone. >> if you would line up against the left wall please and

whoever is ready, please come up to the microphone. >> speaker: good afternoon, committee. thank you so much for the time. i'm nancy abdul sha ?nd occur i'm in full support for the renaming of the sean. sean was more than a san francisco son, he was part of the fabric that makes the city great. he contributed to the city in so many different ways. he left a long legacy of community leadership and stewart ship and his love for art. and this will be another way of lifting that up for him in his name this. honor belongs to him and so many others that have had an impact in san francisco which makes this city so culturally rich. i'm so excited to gather in that corner in his honor. it will be my personal alter where i can go and reminisce with my time with him.

i'm grateful this is happening for him. >> thank you, nancy good to see you. >> speaker: it's hard for me to realize that sean was taken when the youths should not be introduced to this but should have been prevented from the start. i'm so glad to see this family continuously fighting for something that should have never needed to be fought. i'm so glad to see this family fight the fight, this is why we need the renaming done. to allow recognition not only

for sean monterosa but for the rest that were taken from our communities and families. because of damage and pain is a hole too big for anyone to refill. to show this family you heard what they asked for and fulfill it, show what you can do for them. as this will give the family and sean a chance that their loved one will always be remembered and never forgotten. >> clerk: thank you for sharing your comments, can we have the next speaker, please. >> speaker: good afternoon, carlos molina with brown issues. often times it's taught of that adults should raise children right, and that's normally how it goes. but what the history has shown, many times the youth raise the consciousness of adults and that's the one thing sean was aiming to do.

you know, sean was only 22 years old, if he died of cancer, many of us in this room would say he had his whole life ahead of him. and the reality is, he did die of cancer, a social cancer who are trigger happy and take the lives of our community in our community. my mom tells me, no matter how old i get, she sees me as baby. i even believe her when she says i'm her angel despite all the mistakes i've made. i'm sure sean's parents see him like that and this block where he was raids, unfortunately they will never see him again. and when tragedy strikes, we

often asked, who cares. but not in a rhetorical but in a serious question. who cares. i hope today for the family, for the community, san francisco can show it cares. >> thank you for sharing your comments, can we have the next speaker, please? >> speaker: hi every one i'm kimberly with brun sisters. --brown sisters. sean's sisters have had a huge impact in my heart. from the monte rosas in search of american dream to provide the best in their three kids. i'm in awe of their strength and warrior spirit and through them i know and see sean.

this loss is not only theirs but ours. invifted time in giving back the community and a brother who loved his sisters. today we can't bring sean back in physical form but what we can do is support the monterosa family in the renaming of this street, it should be respected and honored and i'm in strong support of this. thank you so much. >> clerk: thank you for sharing your comments. can we have the next speaker, please. and as they're coming forward, if we have anyone else, you may step up. >> speaker: i'm eric born and raised in san francisco. just looking back in my own life living in the mission districts, i lived through a lot of resources, another one being firing in the room boxing, little that i know that i was literally following the foot steps of sean monte rosa

want to go help my own community as he did too. it was inspiring to hear all the things that he was doing in the city and it's important to make sure that the next generation has the privilege of knowing what it's like to come from a background like ours and still do the right thing for people that look like us. >> thank you, public comment on this item is now closed. any comments colleagues? okay. well with that, i would like to make a motion that we send this item out of committee with a positive recommendation. >> clerk: the motion offered by the chair that this resolution be sent with a recommendation of land use and transportation committee. vice chair preston. >> aye. >> clerk: member peskin. >> aye. >> clerk: chair melgar.

>> aye. >> clerk: madam chair, there are three ayes. >> thank you, that item passes, congratulations ashley and michelle. thank you. let's go ahead and call items 2 and 3 together, mr. clerk. >> agenda item number 2 is an ordinance revoking infrastructure associated with a peer 73 project within 20th and louisiana and maryland street. dedicating this infrastructure to public use for street and roadway purposes as applicant accepting the public infrastructure for liability purposes subject to certain limitations within street grades. amending ordinance number 1061 acceptance various action improvements.

amending the public works to assign responsibility for sidewalk maintenance and liability from the ports of san francisco to its long term leases in the port 70 special use districts. as defined in connection with the ordinance. agenda item number 3 is revokable to maintain encroachments to the public right-of-way and a historic building frame structure. del gaigt authority to the public works director in consultation to assign responsibility for sidewalk maintenance to various entities. granting revokable permit to llc to maintain an excess conduit in the public right away and to authorize the director of public works to enter in associated permits that do not increase that are necessary to effectuate the

purposes and resolution both agenda numbers items 2 and 3 accept -- ~>> mouthful thank you very much mr. clerk. we now, i will turn it over to cathal and we also have missy marfrom the port who will present. >> good afternoon, madam chair, i do have a presentation if you can show it on the tv please. again my name is cahen with department of public works infrastructure works group. and i'm here with various members of the port staff as well. so yes, we're here to of mission bay area but more specifically for today we're talking about this 35-site acre which has the ability to up

3000 residential units along with the various commercial and open spaces as well as light industrial use. the 35 acre site, into various phases. and the fourth phase is phase 1 to the north, illinois to the east, sorry to the west, 22 to the south and maryland to the east. the construction on the site started, sorry. later on that year, they conditioned the construction with the installation of all the required infrastructure which the inspection was

overseen by public work stuff and cooperation with port. and to have successful required all the works. those that was infrastructure include new streets, new sidewalks, new curves, utilities such as sewer water line and street lights and traffic signals and entries across as well. as was mentioning at the beginning, they were not to assume the of department improvement to declare phase 1, public right away open space for the public streets and roadway use, to establish the streets with grades and also a delegation of small portion of sidewalk which is needed of building of e2 and the future construction of their foundation. that is approximately 1 foot segment of sidewalk but the

remainer is ada compliant. the second portion and that being brought forward today is in relation to the resolution which as was mentioned is a math encroachment but inter environmental and which talks about a mount encroachment. so as part of the environmental port, will be maintaining various elements which are not standard these include various benches, there is a very significant building frame and buildings cobble stones and i have a few slides showing what they are. this is the example of frame. here on the side, the building around 218 and throughout the

course of construction, this frame was tripped back to its original elemented and on the future on 22 street would look like. again, these are pavers on maryland street along the cobble stone looking towards illinois. some of the bike racks as well which is specific to the pier. and the final element will be some interruptive signs. along with direction in the site. as i mentioned, other element

is master encroachment element. various communications unfortunately, they third party firms have not completed all the contracts to the point where we are right now. will terminate. just to summarize port file 240087 is to accept infrastructure of these improvements. the clarity open right away and offering the delegation and requesting delegation to the board to the public work director for a small segment. and then the resolution would be to approve the en

approachment as described earlier between the area wide ieap. joined by various port staff and members of the partners. if you have any other questions, i'll be happy to answer. >> okay, is christine margoing to make a presentation? you covered it all. >> speaker: yes, in interest of time. >> and mr. hennessey, is the sea wall part of the acceptance? >> i'm sorry. >> can you come closer to the mic? >> the question about the sea wall? >> yes. >> so the sea wall, about form

the seem of a port staff from the scene of a park which has not been constructed. that park is constructed at a later date will be accepted by the port and sea wall will also be accepted by the port. got it, with that. >> agenda items number 2 and 3 called together related come pardon to the lectern at this time. madam chair, it appears we have no speakers. >> okay, public comment on this item is now closed. any comments or questions, colleagues? seeing none, i would like to make a motion to send both items out of committee with a positive recommendation, please. >> clerk: on the motion offered by chair melgar that item 2 and 3 be sent to full board, vice

chair preston. >> aye. >> aye. >> aye. >> clerk: madam chair, three ayes. >> okay, those items pass, thank you. let's go ahead and call item number 4. >> clerk: ordinance amending the ordinance special use district that tobacco paraphernalia and to establish that after 18 months of non use a legal non conforming tobacco establishment in the special use districts will be deemed a manned ond, accept as a new tobacco establishment a.firming the planning department sect determination with a general plan private code section and making findings of necessity convenience and welfare. >> okay, thank you mr. clerk.

iblz vice chair, okay, please vice chair preston, go ahead. >> thank you, chair melgar and thank you for calendaring this critical item for the tenderloin. of tobacco paraphernalia. and we submitted to partnering and before us is one such

solution, predicated on legislation past over decade ago and that from all accounts appears to have been affective in the neighborhood commercial district to the, to the north. the ordinance here seeks to limit tpes in the north of market special use by clarifying the definition going forward rather than a percentage or lien yor foot threshold, the presence of any tobacco tara --paraphernalia and this matches for the tpea's in other areas. when this item came before the planning commission earlier this month, planning staff made a number of suggested

modifications and the commission members made additional suggestions and in since the staff report was published we received a number of letters and heard in support of the commission recommendation. so i would like to propose to a dop detailed amendment on this. but they are first to make tpe establishment not permitted in the north market special use district to be clear. this would be for new tpe establishment. the second is to expand the north market to also apply to

the lower polk street. third is to apply the same quarter mile that polk street also possesses. and the fourth is to shorten the proposed ordinance 18 month abandonment period for non conforming ppes in the special use list. --district. and just on that one, we worked with planning staff to look at shorter abandonment which is more standard. and this is an abandon to reopen tpe. we looked at other districts and other controls for shorter

abandonment periods. a period that is currently operating for liquor stores in the advisedero corridor. so the north market and lower pole being scd, we want to reduce the abandonment period to 180 days. so those are reflected in the amendments that we've circulated. i do in closing want to thank the organizations and advocates in the tenderloin and lower pole being in particular i would like to thank central city sro robinson of the tlcbd

and also i want to acknowledge that we're in receipt of a letter dated march 18th from the sro collaborative, lower pole being neighbors, local 2, la vos latina and uc law also supporting these amendments. and also want to thank staff maloney for her time and dedication and also meeting for the community members to better understand the concerns and make sure this ordinance was strong as it can be. with that, i'm happy to take some questions i know some folks are here for public comment. so i don't have any comment and

i don't think mr. peskin does either he's not on the coster so let's take public comment. >> clerk: thank you madam chair, if you have come to give public comment on tobacco for special use. please line up and come to the lectern when you're ready. you may begin. >> speaker: yes, good afternoon, supervisors. i'm let' and i work for general housing clinic on the central collaborative program. we have been we have a central city public safety committee which is comprised of sro residents. i appreciate all the collaboration from kyle and now

lee and also the planning commissioners who worked with us who listened to our concerns, we level support it, you have it in front of you, we support the amendments and looking forward to working more closely and looking to see how we can keep tenderloin safe even in the 9th. >> can we have the next speaker, please. >> i'm special projects organizers. la voz latina and uc law, this is a long time coming, how do i want to say this. this is on behalf of the tenderloin community we urge you to support all the planning

department's recommendation sxz modifications as outlined in that letter to the board of supervisors, a proposed ordinance to extend the special definition of tpe and that allies to pole being street and cd and hate street and cds. is would like to state, at night it becomes a war zone. we don't believe that businesses like this is helping our community by posing more of a problem to the public safety as well as the neighbors there. we're looking to do something

more. we want to eliminate the use of the name containment or that phrase. positive things for that neighborhood. >> thank you for sharing your comment, next speaker, please. i'm speaking in my personal merchant organization today to support the legislation you have before you and it is an effort that we appreciate the invitation for merchants to be at the table for and in my other capacity we look forward to seeing this at the other capacity as well. thank you to to supervisor preston's office for bringing us to the table. to give you a little context, the grocers association and the

original tenderloin merchants association with historical parts of what we now have as the business alliance and it's a trade association that incompasses a lot of license businesses including those under tobacco and tobacco paraphernalia permits. while we've seen past legislation address these issues with the licenses in a paoun la tiff way and now we see the results of those prohibitions and bans in black market and illegal store approach, we see this as a being a compliance one and trying to work with all the stakeholders together to get to a safer environment and we look forward to participating around merchant effort to support this. thank you. thank you for sharing your comments. next please.

>> i appreciate this being a stakeholder and the community having us, i believe the community has articulated the need. the over saturation and the policy reasons for this ordinance. staff for working with us, the planning report is a good job and it articulates the need and the recommendations. i'm very pleased as an organization to be a stakeholder and support this ordinance along with many many other stakeholders in the tenderloin, thank you. >> thank you for sharing your comments. next speaker, please. >> speaker: hi my name is kathy i'm a resident of tenderloin and i live within half a block

of these stores that are open 24/7. it's creating havoc for us. senior citizens, families, people in wheelchairs, people in walkers, we cannot get through our streets any longer because our streets are being blocked. these stores need to be closed by 10:00 or shut down. they're creating a dangerous situation for all of us. drug dealers congregate. the residents are not out buying chips and soda pops at 3:00 o'clock in the morning. there is no reason that these stores are being open that late

and they're popping up like daisies within a matter of weeks, there is three on one block. it confuses my brain who is overseeing this. it's not okay for lower village but it's okay for the tenderloin, please pass this. thank you. >> speaker: hello my name is rosa alvarado and i'll be translating for her. >> speaker: [speaking spanish]

gracias. >> translator: hi good afternoon, her name is a reli and lives in the tenderloin and she is not happy about all the grocery stores that they say grocery stores that they sell tobacco and all the equipment that people use, you know, to do drugs, especially open, you know, late at night nobody goes at that time to buy milk or bread and other stuff. and it's very dangerous especially when they open early in the afternoon, you know, kids coming out of school. they see, you know people doing stuff in front of the stores. i hope you can help us with

this, thank you. >> clerk: thank you for sharing comment--there you go. >> speaker: hi i'm rosa alvarado and i've been living in tenderloin for 30 years and i saw a new store opening where i live. and especially like i can tell you that that open 24-7 midnight. and i see a lot of people going back and forth. i would like to see families have better access to some grocery stores where they can get fresh vegetable and fresh stuff.

and all the equipment to do drugs, thank you so much. >> clerk: do we have anybody else that would like to give public comment on item 4. madam chair. >> thank you so much. mr. peskin. >> i would love to be added as a cosponsor and appreciate the addition to the ordinance. >> thank you, president peskin, i failed to close public comment so i will do so now. public comment on this item is now closed. supervisor preston? >> thank you chair melgar and

thank you vice chair peskin for your support on this. also in the vial you will see a long list of individual residents in the community who submitted who have been monitoring the legislation and submitted their support for the amendment as well. so i wanted to recognize and acknowledge all the folks who contacted our office and the committee about this. and i also want to assure folks that while this addresses the zoning issue around new tpe establishment or existing ones that abandoned their use with a shortened and now shortened abandonment period that were also well aware and appreciate the out reach around particular locationers that are extremely problematic in the late night hours. and i want to ensure folks that

we're in consultation with the city attorney's office that is working addressing what is essentially a nuisance being maintained outside of these businesses. while that's beyond the scope directly of this ordinance, i just wanted to note that because it's a very serious issue in the early morning hours that some of the commenters spoke to. with that, would i like to move the amendments. it's my understanding that these amendment right side substance i have and will require a one-week continuance. >> clerk: on the motion offered by vice chair press kin --peskin. >> aye. >> aye. >> aye. >> clerk: madam chair, there are three ayes on the amendments. >> and then move to the continue as amended for one week. >> clerk: on the motion offered

by vice chair peskin that the amendment be moved to the land use transportation committee. vice chair preston. >> aye. >> member peskin. >> chair melgar. >> aye. >> madam chair, there are three ayes once again. >> thank you so much. we will see you all next week when we hear this item again. let's go please to agenda item number 5. >> clerk: agenda item number 5 is ordinance amending the planning code and zoning map to create the 900 kaemy district. i'm in receipt of memo requesting that this be agendized as a committee report and it may be sent to tomorrow's board meeting.

>> thank you, i'll turnover to chair pes ton. >> this comes with the unanimous recommendation with the planning commission business district that is supported by china town leaders that would allow a change permitting non retail service uses on the ground floor and activity uses on all floors that will allow the building owner not only to make the building profitable and hang onto it but also to en view the building and honor with a number of arts uses that the community is looking forward to. what i would like to do today

is to duplicate the file and amend the duplicated file to clarify some use size maximums as to the 900 kaemy street but take the original file and with your support send it to the full board tomorrow. >> okay, sounds good. send it back to planning. >> yes. the clarification, this envisions a roof top art studio and that the plans are i think a foot off. so it has to go back to planning. but we can have that trail. >> okay. >> sounds fun. thank you. let's go to public comment on this item, please. >> clerk: thank you, madam chair, if you have public comment on agenda item number 5 please come forward to the lectern at this time and madam

chair t appears we have no speakers. >> okay, public comment for this item is now closed. >> i will duplicate file and i will move to amend the duplicated file to include the language around use sizes that is in the amendments before you and then ask that the amended file be rereferred to planning and that the original unamended file be sent to the full board as a committee report. that's a lot--you want me to cut those up? >> clerk: let's cut them into two pieces. >> okay, my first motion is to mend the duplicated file with regard to the use sizes and the xhien a town community district business for the sud. >> on the motion to amend offered by member peskin, vice chair.

>> aye. >> member peskin. >> aye. >> chair melgar. >> aye. >> clerk: madam chair, there are three ayes. >> then i would like to make a motion to continue the duplicated file pending review by the planning commission. >> clerk: on the motion to continue to the call of the chair vice chair preston. >> aye. >> member peskin. >> aye. >> chair melgar. >> aye. >> clerk: madam chair, there are three ayes once again. >> and then i would like to ma send a motion to send the orange file as a committee report. >> clerk: on that motion, vice chair preston. >> aye. >> member peskin. >> aye. >> chair melgar. >> aye. >> clerk: madam chair there are three ayes on that motion as well. >> great, thank you so much. >> let's go to our last agenda

item. >> clerk: >> second permit flexible retail in certain and china town used district. third, principally permit retail uses on all floors and continual permit non retail on the ground floor in specified cds. fourth create regulations for music entertainment venues and nonprofit theaters. 5th allow limited corner use that's are not formula retail. 6th, amend section 311 to remove neighborhood requirement for changes of use mix use districts and to require neighborhood notice for changes of use in residential districts. 7th, expand business types that qualify for the planning department priority review program and establish that the program will not apply in special use districts.

8 clarify that multiple allowable uses and specified in cds. 111 restaurant sub district. 12, modify requirement for lited uses sud. sxl 14th, ex sem approximately eligible project from all impact fees with exception of inclusion and affirming appropriate findings throughout the ordinance. >> thank you very much, mr. clerk. we have kerry from the office of small business along with director katie on stand by. before you start your presentation, president peskin wanted make a couple of remarks. >> you will recall that we wrestled with this piece of

legislation some four months ago and duplicated the file and i want to thank and acknowledge the office of small business and katie tang for working closely with me and the planning department on this duplicated file. and we are very nearly in total agreement about this file. and many changes were made for example, i think there were some 20 plus suggestions to an earlier version of this file, the vas majority of which were accepted and put forward by the office of small business and we talked through the changes closely. so thank you to katie for that. of the handful of changes that remained, i've dropped most of those and there is only a couple of minor changes that

are before you where we are still a part. and i wanted to make a pitch for those 231 subsection, these amendments ensure that permitted uses and use sizes conform to the use limitation that's are set out in the nearest neighborhood commercial district or special use district if that neighborhood commercial district is within a half a mile. and the timing of this is pretty important 'cause we just took that up in supervisor preston's item around tobacco paraphernalia and ncds and fuds have created certain uses in order to response to the over saturation of the business type and protected balance of services and without these amendments, some use that's are

not permitted in particular ncd would have located in an ncd which is why this half mile provision has always existed which would be taken out by this legislation. i think that's the only place where we disagree. so i would like to make a case for keeping the old language. i know that, there is been an argument that this is difficult for the planning department to apply but it's spread, there are provisions like this throughout the code, as a as a matter of fact the quarter mile is an example of that. there is other example, submission alcoholic beverage since 1987 is another perfect example. and thed bottom line is if you're creating acorner district, it makes more sense for to you consider yourself part of that ncd as far as the regulation of commercial uses

is concerned. so, but other than that, we are in total agreement and that's my pitch for the one place where we remain apart. >> okay, go ahead. >> thank you. i have a power point, i don't know. >> good afternoon, land use committee members my name is kerry. today i'll be reviewing amendment to file 331221 there is a duplicate file of the allowable restaurant and retail legislation which became law last december. first, just a quick review of the goals of the original ordinance, aimed to reduce the experience when trying to open or expand to a new space. allow more business to see open without going through the much long conditional use permit reducing the ability for

appeals to cause even longer delays and allow more business type to provide more options in filling vacant commercial vacant spaces. the amendment before you today, reflect the feedback we heard from this committee and we ask that you move these amendments forward. the first set of amendment address non fon forming uses and limited commercial uses. nrudlcus and lccus will be able to extend hours of operation to 12 p.m. with a conditional use authorization. and rto district. formula in lccus would not be permitted in our districts. this file would also amend our direct activities common areas. outdoor activities would only be permitted at the front of

lcus and lccus. next up, this file would amend northbeach commercial districts would require a conditional use authorization on the ground floor. this came at the request of the committee and there are two amendments that we are making based on community feedback. first, night time entertainment continually permitted on the second floor and not permitted on the third floor above. and next health services would be prohibited on the ground floor of properties with frontages on california street, pole being street and hide street and this ads hide street to footnote 3 and 12. last week when dr. tang presented, she reviewed some amendments for change of use projects that language has been removed and no longer a part of

this proposal. and with that, we would be happy to answer any questions. thank you. >> so i do have a question based on the comments by president peskin. how does this interact with prop h? >> good afternoon committee members, for the most part where ever we're loosening the controls around zoning it's consistent with h. i know member peskin spoke about the amendments and that's the only reason we're in disagreement here. >> okay, thank you. >> i will add as a legal matter we're completely within our rights. >> yes. >> okay, let's go to public

comment on this item, if there is no other further questions. >> thank you, madam chair, if you have public comment on item 6, please come forward to the lectern at this time. >> speaker: good afternoon, supervisors christian cbd and i'm going to stay in my lane and comment on what applies to the community district in my role which is changes to the pole being street in cd. and i would like to direct director tang and stakeholders including supervisor peskin for working with the community on these, what i believe are very important amendments. you know, lower pole --pole polk and it is a barrier. and i confidently believe that

the entertainment commission can regulate entertainment in a very good manner. and removing this is why it's pragmatic and it will be a vibrancy driver for lower polk. and i urge your support for this amendment. as for high street and services. there is two block that is an absolute gem on hide street california and bush or bush or pine. it's active, it's got restaurants, it's got retail, it's got, it's got florist, it's just a wonderful block. we need to keep that active. and i believe that is another important amendment. and i appreciate all the stakeholders that worked with us to move these amendments and i ask that you support them and

the ordinance. so thank you so much. >> thank you for sharing your comments. do we have anybody else that has public comment on item number 6. madam chair. >> tuz so much, public comment on this item is now closed. so i would like to say, thank you so much for all the work that the department has put into this and thank you president peskin for your engagement and your office's work on it. you know, i would really like to understand what the impact is of, if you would come back please director. you know area of disagreement on reestablishing the controls.

i particularly want to know how it impacts the west side. i was a strong supporter of prop h for a reason before i became a member of the board of supervisors, i worked at the mission economic agency with small businesses, corner stores are almost exclusively the per view of small immigrant, you know, entrepreneurs. and you know, what i had need today do in supporting prop h is to be more flexible because people don't understand these complex rules and i wanted to make it easier not more difficult but i don't know really what the full scope is. like you know, i have not memorized every ncdsud in the city, so if i can just get clarification on that. if it's just like you know, a

small number of possibilities you know, attached to a tobacco sud, i can i can live with that, but if it's bigger, i'm not sure, if that's okay. if we can get clarification. >> thank you, chair melgar, staff, so i'll first comment on the change to the use controls and basing that off the nearest ncd or sud within a half mile. i want to take a step back that through prop h, the use controls for the limited corner will be based off the nc1 zoning district and that is more permissive than what would be in a number of the named ncds. i also do not have all of those

controls memorized. but really the approach has been that named ncds have been created when especially the neighborhood want to see or not see specific uses within the district. so it was a departure from nc1 and that resulted, in front of me i see castro street as two examples of named specific ncds. so the proposed amendment would be more restrictive in terms of what uses to be allowed and on top of that prior to prop h, the use controls or the uses allowed for lccus will be on the ncs within a quarter mile, this reverses the use controls implemented under prop h and expand the radius through which we're looking at the nearest

suds. >> both of those, things? >> yeah. so that is kind of a general description of the changes or proposed amendments to the use controls. again i don't have these memorized so i would have to give a full comparison to all the districts but i hope that clarifies enough for all the proposed uses. in terms of the proposed amendments to the use sizes, i took a look at planning code section 121.2, i may be off a code section and 121.4 and all of the use size maximum lists there are greater than the 1200 square foot cap that is included as kind of the, the

medium between the two proposals. so i am not aware of any ncd or sud that within results in a use size cap less than the 1200. so commission did note that this change seemed to result in the same use size of what is already in the cold and felt it would be confusing to include this. again, i'm not aware of any suds that are less but if there is a special use district, it would be very rare to have maximum use capsize less than the 1200 under code today. so let me ask you a specifically question to the west side because we just created, you know, you know, an opportunity for corner lots to

dense fie and create that ground floor retail that is so missing in so many blocks in the sunset and district 7. so would this amendment apply to that in terms of making it more restrictive as to the uses that could be allowed on the ground floor of those potential projects? >> yes. the proposed amendments would make it restrictive for what uses would be allowed. and again this is looking at corner buildings and residential districts if the corner building is within another commercial district than those controls would already apply. >> okay, thank you. ms. flores. so i, i just have to say i'm not crazy about that. because you know, we, we did that on purpose to try to create

amenities in neighborhood that don't have them. and i realize that there are existing muds that the communities have fought hard for, i need to wrap my head around this a little bit. just seems counter to something that we already recently done. but with that, i'll go to supervisor preston and you can respond. >> thank you, chair melgar. i was curious on the one half mile and the sinking of a half mile versus something for limited? >> this is, i'd be happy to do a quarter mile through the chair but i'm looking at the previous language, i think the previous language said one mile. i'm just looking at the strike out, 23020 feet which is a quaert of a mile would be consistent with what we just did in tpe and also at base, at

a high level, i think the city is grappling with two very different things that are running counter to each other. which is and this is why i sided the tobacco paraphernalia and this is why i sited the mission alcoholic beverage sud. because if you look at the fundamental differences between nc1 and what happens in commercial districts, the fundamental difference is alcohol. which is permitted in nc1 and capped in ncs. and so, one part of the city is trying to make things more per miss sif. and the other is public safety. that to me, if we're being consistent is why, and a

quarter of a mile makes sense. but it does not make sense to have restrictions over things that a neighborhood over an over concentration and have the exact thing that you don't have there. a quarter of a mile makes sense but these restrictions came through districts of neighborhoods determining what was going right and what was going wrong and coming to supervisors that enacted those into law and it becomes rather arbitrary when you say, you can use nc1 and maybe a quarter mile is a way to compromise it.

under permitted uses, a neighborhood commercial district or special use districts within one quarter mile of the use or if the use is more than one quarter mile from nearest ncd or sud so get rid of the one before you and take those used size limitations because i cannot

take ncs that have below 1200 feet including northbeach. and then the other only other changes are that and deputy city attorney pierson and our good council heather good man recommended in green are not necessary because there is no use for duplication of the file. >> that's right. >> those would be the only changes that i just spoke to on page 10, so i would take all the yellow from osb and that change with regard to the quarter mile of ncd and then while my changes is not substantive i believe some of katie tang's are so it would require one week continuance. >> okay, we're continuing the whole thing. >> yeah, if we take them. >> to next week.

being, i do like i still want, i'll still trying to come back, come back ms. flores, i'm still trying to wrap my head around this language that says lccs are limited those users allowed and nearest sud or or nc1 district so when there is not a ncd or sud terribly near like it is on the west side? what do we do? >> thank you, chair melgar. so that was also a question i had president peskin earlier you mentioned within a quarter mile. you would be amenable to. that is something that we would like you to consider with that descriptor without that, this does present that vagueness of

what control they would use. so that is something that we would request be included in the amendment today. >> and ms. flores, through the chair, where would that be? >> so if we're looking at page 10, depending on where you would want to place the geographic distance. >> if there is no, ncd within a quarter mile, it just automatically is nc1, right? if like, i mean.

if you are an lccu on sloet and 19 and there is not an ncd within a quarter mile, then your nc one, right? for the permitted uses under 231 subsection c, 4 and 5, that is where it says within a half mile and that is what we request to be amended to within a quarter mile. >> that's what i did. >> okay. perfect, thank you. but chair melgar does that answer your question then? >> then it would be nc1. >> yes. >> and that's less restrictive. >> yes. >> okay. >> i can live with that, thank you. >> let's go ahead and take a vote nen. >> clerk: on the motion to

amend offered by member peskin. >> aye. >> clerk: member peskin. >> aye. >> chair melgar. >> aye. >> clerk: madam chair, there are three ayes. >> and it will be continued for a week. >> yes. >> apologies, we were just discussing among ourselves. but under section 23 1-d, there is no reference to any geographic boundary it just says that they should comply with the nearest, sud. so the nearest ncd or sud within a quarter mile. what do you think president

peskin these are your amendments? >> it's really a heather good man. >> deputy city attorney, since this is coming back next week, we can make sure that we can clarify between now and then. >> okay. great. thank you. thank you, director. >> so on the motion to continue as amended to next week, march 25, 2024, vice chair. >> aye. >> member peskin. >> aye. >> chair melgar. >> aye. >> clerk: madam chair there are three ayes. >> thank you so much, thank you. do we have any other items on our agenda, mr. clerk. >> clerk: there is no further business. >> thank you, we are adjourned.

>> in the bay area as a whole, thinking about environmental sustainability. we have been a leader in the country across industries in terms of what you can do and we have a learn approach. that is what allows us to be successful. >> what's wonderful is you have

so many people who come here and they are what i call policy innovators and whether it's banning plastic bags, recycling, composting, all the different things that we can do to improve the environment. we really champion. we are at recycle central, a large recycle fail on san francisco pier 96. every day the neighborhood trucks that pick up recycling from the blue bins bring 50 # o tons of bottles, cans and paper here to this facility and unload it. and inside recology, san francisco's recycling company, they sort that into aluminum

cans, glass cans, and different type of plastic. san francisco is making efforts to send less materials to the landfill and give more materials for recycling. other cities are observing this and are envious of san francisco's robust recycling program. it is good for the environment. but there is a lot of low quality plastics and junk plastics and candy wrappers and is difficult to recycle that. it is low quality material. in most cities that goes to landfill. >> looking at the plastics industry, the oil industry is the main producer of blastics. and as we have been trying to phase out fossil fuels and the transfer stream, this is the fossil fuels and that plastic isn't recycled and goes into the waste stream and the landfill and unfortunately in the ocean. with the stairry step there will

be more plastic in the ocean than fish. >> we can recycle again and again and again. but plastic, maybe you can recycle it once, maybe. and that, even that process it downgrades into a lower quality material. >> it is cheaper for the oil industry to create new plastics and so they have been producing more and more plastics so with our ab793, we have a bill that really has a goal of getting our beverage bottles to be made of more recycled content so by the time 2030 rolls around t recycle content in a coke bottle, pepsi bottle, water bottle, will be up to 50% which is higher thatten the percentage in the european union and the highest percentage in the world. and that way you can actually feel confident that what you're drinking will actually become recycled. now, our recommendation is don't use to plastic bottle to begin w

but if you do, they are committing to 50% recycled content. >> the test thing we can do is vote with our consumer dollars when we're shopping. if you can die something with no packaging and find loose fruits and vegetables, that is the best. find in packaging and glass, metal and pap rer all easily recycled. we don't want plastic. we want less plastic. awe what you we do locally is we have the program to think disposable and work one on one to provide technical assistance to swap out the disposable food service to reusables and we have funding available to support businesses to do that so that is a way to get them off there. and i believe now is the time we will see a lot of the solutions come on the market and come on

the scene. >> and is really logistics company and what we offer to restaurants is reasonable containers that they can order just like they would so we came from about a pain point that a lot of customers feel which wills a lot of waste with takeout and deliver, even transitioning from styrofoam to plastic, it is still wasteful. and to dream about reusing this one to be re-implemented and cost delivery and food takeout. we didn't have throwaway culture always. most people used to get delivered to people's homes and then the empty milk containers were put back out when fresh milk came. customers are so excited that we have this available in our restaurant and came back and asked and were so excited about it and rolled it out as

customers gain awareness understanding what it is and how it works and how they can integrate it into their life. >> and they have always done it and usually that is a way of being sustainable and long-term change to what makes good financial sense especially as there are shipping issues and material issues and we see that will potentially be a way that we can save money as well. and so i think making that case to other restaurateurs will really help people adopt this. >> one restaurant we converted

2,000 packages and the impact and impact they have in the community with one switch. and we have been really encouraged to see more and more restaurants cooperate this. we are big fans of what re-ecology does in terms of adopting new systems and understanding why the current system is broken. when people come to the facility, they are shocked by how much waste they see and the volume of the operations and how much technology we have dedicated to sort correctly and we led 25 tours and for students to reach about 1100 students.

and they wanted to make change and this is sorting in the waste stream they do every single day and they can take ownership of and make a difference with. >> an i feel very, very fortunate that i get to represent san francisco in the legislature and allows me to push the envelope and it is because of the people the city attracts and is because of the eco system of policy thinking that goes on in san francisco that we are constantly seeing san francisco leading the way. >> kids know there's a lot of environmental issues that they are facing. and that they will be impacted by the impact of climate change. they will have the opportunity to be in charge and make change and make the decisions in the future. >> we are re-inventing the way the planet does garbage founded in the environmental ethic and

hunger to send less to landfills. this is so many wonderful things happening in san francisco. i feel very fortunate and very humble to live here and to be part of this wonderful place. te

>> welcome, everybody to our newest department of human resources base we're really happy to see all of you here. um, thank you to are not on today's agenda. >> and vice chair mandelman and city administrator carmen chu in the audience and all of our coworkers from around the city our job seeks and community members are here we're thrilled to have you here and hope to see a lot more of you in that open space. >> for the department of human resources this is a home coming before the loma linda architectural you came here to get a city job the city clerk with the