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San Francisco County

Meeting on Cannabis Regulations, Infrastructure Financing, and Land Use

The San Francisco Board of Supervisors held a meeting on December 5, 2017, addressing a range of topics including cannabis regulations, infrastructure financing for the Port of San Francisco, and land use matters such as the 1629 Market Street Special Use District. The Board gave final approval to ordinances regulating cannabis businesses and held a lengthy hearing on a controversial medical cannabis dispensary application, ultimately approving the dispensary with additional conditions including the provision of an indoor smoking area. Several new ordinances and resolutions were introduced related to redevelopment, housing, and environmental matters. Public comment was received on various city issues.

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Consent Agenda

Approval of ordinances related to fire safety in residential hotels, landmark designation, and assessment appeals.

The Board approved Ordinance No. 239-17, amending the Fire and Housing Codes to require automatic sprinklers in non-residential areas of residential hotels sold or transferred after August 1, 2017. They also approved Ordinance No. 240-17, amending the Planning Code to designate 2731-2735 Folsom Street (aka Gaughran House) as a Landmark. Finally, Ordinance No. 238-17 was approved, amending the Administrative Code to require parties to pay a refundable deposit when requesting written findings from the Assessment Appeals Board.

Unfinished Business

Discussion and re-referral of resolutions concerning infrastructure financing for the Port of San Francisco's Pier 70 project.

The Board discussed and amended File Nos. 170878, 170879, 170880, 170881, and 170882, all related to infrastructure financing for the Port of San Francisco, Pier 70 project. The discussion included establishing sub-project areas, issuing bonds, and creating an infrastructure and revitalization financing district. Each resolution was amended to include language expanding references to the certification of a Final Environmental Impact Report, adopting findings under CEQA, and fixing the date of the special election and public hearing to April 17, 2018. The amended resolutions were then re-referred to the Budget and Finance Committee.

Unfinished Business

Final passage of ordinances regulating cannabis land use and businesses.

The Board gave final passage to two cannabis-related ordinances, File Nos. 171041 and 171042. Ordinance No. 229-17 (File No. 171041) amends the Planning Code to regulate cannabis land uses. Ordinance No. 230-17 (File No. 171042) amends the Administrative, Business and Tax Regulations, Health, and Police Codes to comprehensively regulate commercial cannabis activities. Both ordinances passed with 10 ayes and 1 no (Supervisor Safai).

New Business

First reading of ordinances related to the 1629 Market Street Special Use District and a development agreement at Market and Colton Streets.

The Board passed on first reading File Nos. 171134, 170938, and 170939. File No. 171134 is an ordinance amending the General Plan to reflect the 1629 Market Street Special Use District. File No. 170938 amends the Planning Code and Zoning Map to add the 1629 Market Street Special Use District. File No. 170939 approves a Development Agreement for the project at Market and Colton Streets. All passed with 11 ayes.

New Business

Approval of a resolution supporting the repeal of the Costa-Hawkins Act and adopting the Bi-Annual Housing Balance Report.

Resolution No. 434-17 (File No. 170992), receiving and approving the bi-annual Housing Balance Report dated May 12, 2017, was adopted. Resolution No. 437-17 (File No. 171166), urging support for California State Assembly Bill 1506, repealing the Costa-Hawkins Act, was also adopted with Supervisor Breed added as a co-sponsor. Both passed with 11 ayes.

New Business

First reading of an ordinance regulating autonomous delivery devices on sidewalks, with amendments.

The Board discussed and amended File No. 170599, an ordinance amending the Public Works Code and Police Code to regulate the testing of autonomous delivery devices on sidewalks. Several amendments were made to the ordinance, including changes related to permit modification and suspension processes. The ordinance then passed on first reading as amended with 11 ayes.

Hearing

Hearing on an appeal of a conditional use authorization for a project at 948-950 Lombard Street and 841 Chestnut Street.

The Board held a hearing on File No. 171062, an appeal of a conditional use authorization for a project at 948-950 Lombard Street and 841 Chestnut Street. Kathleen Courtney, representing the Russian Hill Community Association, presented the appeal. Speakers from various neighborhood associations and organizations spoke in support of the appeal. Alexandra Kirby from the Planning Department and Tuija Catalano, representing the project sponsor, provided overviews and answered questions. Ultimately, Motion No. M17-193 (File No. 171063), approving the Planning Commission's decision, carried with 10 ayes and 1 no (Supervisor Fewer). Motions to conditionally disapprove (File No. 171064) and prepare findings (File No. 171065) were tabled.

Remarks

Closed session scheduled for labor negotiations.

The Board scheduled a closed session for January 9, 2018, to discuss labor negotiations (File No. 171169). The hearing was continued to the Board of Supervisors meeting of December 12, 2017.

Hearing

Hearing and conditional approval, with amendments, of a conditional use authorization for a medical cannabis dispensary at 2161-2165 Irving Street.

The Board conducted a hearing on File Nos. 171128, 171129, 171130, 171131, 171188, 171189, 171190, and 171191, related to a conditional use authorization for a medical cannabis dispensary at 2161-2165 Irving Street (Barbary Coast Dispensary). Numerous speakers, including representatives from neighborhood associations, business owners, and community members, provided public comment. The Board initially considered motions to table the approval of the authorization. Ultimately, Motion No. M17-194, conditionally disapproving the Planning Commission’s decision and approving the conditional use authorization with additional conditions, was approved as amended (10 ayes, 1 no - Tang) with the addition of a condition for an indoor smoking area with a one-year expiration. A motion (M17-195) directing the Clerk to prepare findings supporting the Board’s disapproval was approved (10 ayes, 1 no - Tang). The Board voted on essentially the same motions again for File Nos. 171188, 171189, 171190, and 171191 and came to the same conclusion with Motions M17-196 and M17-197.

Committee Reports

Approval of ordinances and resolutions recommended by the Budget and Finance and Land Use and Transportation Committees.

The Board approved an ordinance amending the Business and Tax Regulations and Health Codes to establish permit, license, and inspection fees for cannabis businesses (File No. 171153). They also approved resolutions related to an electronic health records system (File No. 171135, Resolution No. 430-17), community behavioral health services (File No. 171159, Resolution No. 435-17), the County Children’s Health Initiative Program (File No. 171160, Resolution No. 436-17), a real property lease for the Department of Public Health (File No. 171178, Resolution No. 438-17), and agreements related to affordable housing at Sunnydale Parcel Q (File No. 171197, Resolution No. 439-17). Additionally, an ordinance amending the Public Works and Subdivision Codes regarding city maintenance of street trees (File No. 170985) was passed on first reading.

Legislation Introduced

Introduction of new ordinances and resolutions related to redevelopment, appropriations, building codes, housing codes, and transportation.

Several new ordinances and resolutions were introduced. These included an ordinance approving amendments to the Mission Bay South Redevelopment Plan (File No. 171280); an ordinance appropriating cigarette litter abatement fees to Public Works (File Nos. 171282, 171283); an ordinance amending the Building Code regarding slope protection (File No. 171284); an ordinance requiring all-gender bathrooms in hotels (File No. 171285); a resolution affirming CEQA findings for the Mission Rock project (File No. 171286); a resolution authorizing negotiation for homeless services on Caltrans property (File No. 171287); a resolution approving a lease for the Department of Homelessness and Supportive Housing (File No. 171288); a resolution urging Congress to support infrastructure development (File No. 171289); a resolution imposing interim zoning controls for restaurants and storefront mergers (File No. 171290); a resolution accepting a grant for oral health programs (File No. 171291); a resolution extending the Planning Commission review of a zoning map amendment (File No. 171292); a motion scheduling a Committee of the Whole meeting for amendments to the Mission Bay South Redevelopment Plan (File No. 171293); a motion ordering an initiative ordinance regarding a gross receipts tax on commercial rents (File No. 171294); and requests for hearings on homeless navigation centers (File No. 171295), business tax reform (File No. 171296), First 5 in San Francisco (File No. 171297), and lead in school water (File No. 171298).

Public Testimony

Public comment on various city issues.

Members of the public provided comment on Citywide Case Management, climate change, and sanctuary cities.

Legislation Introduced

Proposed resolutions from various departments.

The Airport Commission submitted several proposed resolutions relating to lease agreements and modifications. Resolution No. 171237: Pacific Gateway Concessions, LLC - Airport Concession - $1,531,761 Minimum Annual Guarantee, Resolution No. 171238: Pacific Gateway Concessions, LLC - Airport Concession - $814,144 Minimum Annual Guarantee, Resolution No. 171239: HG SFO Retailers 2017 JV - Airport Concession - $1,540,000 Minimum Annual Guarantee, Resolution No. 171240: Canonica New York, LLC - Airport Concession - $280,000 Minimum Annual Guarantee, Resolution No. 171241: DFS Group, LP - Airport Concession - $380,000 Minimum Annual Guarantee, Resolution No. 171242: Retroactively approving Modification No. 1 to Lease No. GS-09B-03014 with the United States of America