14 commissions. thank you very much. >> good afternoon. this iso8yc the land use and economic development committee board of supervisors. it's monday, september 10. it's beautiful outside by the wayr our clerk isd$"i: alisa miller. >> the clerk: please make sure all submitted to the clerk. items will appear!inhg the board of supervisors agenda unless otherwise stated tngeddle thankm you. we have six items on the agenda. i should introduce our cityd6! attorney, john givner who is with us today. ç4p&c"x authorizing acceptance of a grant from the san park alliance for play area at lafayette park. sponsored by supervisor mark farrell. i believe we havex$r] from> good afternoon, s. thank you for having me hear today. i workf/ç4u on the san francisco recreation and park department's partnership team. -w often work with the park alliance with various friends group. the friends ofsuf3o lafayette pk playground have worked incredibly hard to raise additional'' play area at lafayette park. by bond money, as well as the private money, andp pay for special bolders that are part of the design, construction documents, and cash gift, to pay theh contractor to complete0j enhancements of the playground. >> chair mar: thank3ísg if there are no questions, colleagues, let's open this up for public comment. is there4÷m that would like to speak? closed. colleagues, can we move this forward with a positive recommendation? withoutmçmk ms. miller, please call item 2. >> alisa miller: item 2, resolutiong+w,ñ authorizing a retroactive acceptance of a grant from san francisco park alliance for windmill project phase 3. >> chair mar: thank you. grant that i'm the sponsor of. and we have dan mauer?ç÷;j frome recreation and parks department. this is windmills, one of two, that are park. mr. mauer. >> good afternoon, board members,&rj department. the yft is an accept and expend $513,000, 375 come from[?kcñ the gordon moorelñ foundation. these funds will be]o< coupled with open space funds tj complete the phase of three phase project. it is open.a.0p and operational. these funds will be used to and other interpretivepe educational exhibits which will complete"f i know there is tremendous support from the dutch -- whenst the huge crane came and putw> alisa miller: item 3 ordinance amending the planning codewl policies and goals. >> supervisor mar: this one is sponsoredfp christina ol!$ david campos and myself. we're hoping to have someone from?u?.u supervisor olague's oé let's see. so, yeah, i do see this. i see -- okay. well, on this item, i would like september 24th. >> the clerk: mr. chair, we have to open#l1÷jv it up for puc comment. >> chair mar: thank you. so let's open this up for publiv comment. oh, supervisor olague is here. okay. so we just introducede no. 3, the housing preservation and production item, thejv dashboard -- >> supervisor olague: be item because we need to talk to some of the organizations1sj'$ t have been working with us closely, and also with the reach more consensus among some of those items that are still a littleíh controversia >> chair mar: okay. thank you, supervisor. >> supervisor olague: uh-huh. >> chair mar:p[cpz let's open ts up for public comment. is there anyone from the public comment that would lieb torgm speak? public comment is closed. colleagues, without objection. we're moving this to september thank you. thank you, supervisorx3?cx ola, c @&c"x please call item 4. >> alisa miller: ordinance amending planning code to permit existing gasoline stations cx on 19th avenue to provide a mechanical car wash >> chair mar: so, it looks like supervisor olague has left. so we have to present,mu planning department,> aaron staffer from the on july 12, 2012 the planning commission votedj-ws 6-0 to recommend approval of the ordinance with modifications. the 86k;+red ordinance would allow existingc service stations of a certain size located on 19th avenue from lincoln avenuerr& boulevard to provide mechanical, with conditional use authorization. >> supervisor mar: we have i was going to ask if she has any introductoryd(:,>p)ks. >> i'm sure you will cover a lot of what i will mention but i'll it is appropriate to allow the intensification of useqm-yá certain sites, that are of a certain square footage, and already serve this legislation wouldn't allow new stations to pop up, but% instead works within the confines of existing stations on and proposes very specific metrics that the projects must no, and waste mitigation. conditions that require the stations to demonstrate that they have ! considerations of the impacts on the envirqs$? including limiting it to stations on lots of at least 12,000 square> performance of a traffic study, a no environmental practices. again, this is an as of rightmz? situation. it will be subject to a lot of scrutiny and a lot of public input and so i also have the cosponsorship of7 initially, there were some challenges to it i think based on thew impression that it was as of 8t)ht, which it isn't. enough, you know, areas where people do have the ability to weigh÷ so i think it's a good piece of legislation. supervisor. mr. starr. >> again, the commission votedjc 6-0 to approve. with aa&lcñ modification from -s could happen so long$?)oí(j a lt merger assembly was not in the project. it's our understanding it was not included in the ordinance before you of the 12 automobile service stations located on 19th avenue[&[1v from lincoln avenue- only four meet the requirements identified in the proposed legislation. one is located on the corner of district, one located on the7çn@ corner of irving street within the inner sunset commercialp district, one on the corner of 19th andaz÷ taraval, and m2 zoning district, and one is located at the intersection of]b zoning. that concludes my presentation thank you. >> chair mar: i see no questions. let's open this up for public- comment. is there anyone from the public that would like to speak?ç katy tang. >> i'm here to offer our legislation currently in this form. again as planning mentioned it wouldu&b stations on 19th avenue, two of which now-vk fall in ourg district after redistricting. we believe that this legislation will give residents andbbsi merchants in the area the ability to actually weigh in on whether they would like a car washúx$h,÷ not. as you know on the west side of we believe this legislation will be a great vehicle for them -- there will be the cu requirements if certain conditions are met that they can say yes ory> way back when, we had asked project sponsors to meet with our neighbors and+ associations so we appreciate that they did try to reach out. but given the fact thisr legislation wasn't in place back then the neighbors didn't have a say as to whether -- or they opportunity for input. so with that, we do urge your support on this legislation. >> chair mar: thank+ ó@ you. i know that there's two car they're on geary boulevard. there's a shell station and a hand wash(ec so sunset has none at all. can i ask,b-fay ms. tang, are te four sites owned by smallerzu5 merchants? i'm just curious because i know that gas stations are having a hard time rightykt3v now with -d of clean air regulations, and many other cha!h!i)es. but are these larger stations, merchants? >> two of them are shell believe and two are chevrons the quair footage requirement but i believe they are family operated. thank you. so seeing no other questions, let's open this up for public comment. isç]/[gñ there anyone else frome public that would like to speak? seeing none, public closed. supervisorçsñ9 olague. >> supervisor olague: no additional comments. >> chair mar: colleagues, can positive -- supervisor >> supervisor wiener: thank you. i'm supportive of this legislation. and i actually think it raises a hear that there are no car other side of town ?mch5 >> it would establish a citywide transportation sustainability fee which would apply to all net new development to fund transportation system improvements. this is a test for the land use and environmental development. this is a test for the land use and environmental development. >> with the exception being accessory uses to residential. it does not apply to residential, nor would it apply to accessory uses which are accessory to residential. in reviewing the proposed tidf rerecommend a grandfather period for most types of projects required to pay the fee under the updated tidf including nobl and pdr uses, including automotive services and wholesale services and equipment. it includes a grandfathering provision through calendar year 2013. the tidf update as put forward is intended to be consistent with the proposed transportation sustainability program to the degree possible. urd the proposed tsp ordinance the tsp allocates 6% of transportation sustain ablth revenue for a credits program. the program would allow projects meeting certain criteria to pay a fee that's reduced or waived, the intention being to support other city's priorities and objectives by allowing waiver from the fee. currently, there are four types of projects which would be eligible for policy credits including small businesses, specifically defined as non-formula retail, occupying existing vacant space up to 5,000 square feet, projects built less than allowable in districts that establish parking maximums, affordable housing projects, and then small residential projects defined as projects of 20 units or less. and under the proposal credits are allocated on a first come first serve basis. in reviewing tidf update ordinance the planning commission recommended a policy credits program. the proposed tidf would provide policy credit to small businesses and reduced parking developments. again the small business policy credit program would be applicable in cases where the small business non-formula retail using existing vacant space up to 5,000 square feet, because tidf does not apply to residential there was no residential component to the policy credits program. again, the credits would be allocated on first come first serve basis and consistent with the planning commission and small business commissions' recommendations projects would be eligible to receive up to 100% fee waiver under the policy program. so this table shows current tidf rates, and rates allowable under the nexus study and that final column shows how much of a fee would be charged in order for the city to collect enough funding to offset new development on the transit system. in no case is the city proposing to charge 100% of the nexus. the maximum percentage charge is about 68%. you will see most rates are proposed increase modestly with the exception that pdr and museums are both proposed to decrease. this table provides an order of magnitude on nanel projected revenue under the tidf. because these revenue assumptions assume maximum development billedout in any given year they're largely overstated but what you can see from this is that the proposal to change the tidf rates would result in about 4% increase in projected revenue annually. and the final change under the proposed tidf update is clarify rules of mta planning and dbi in enforcing the tidf. what's proposed is for projects issued building or site permit after july 2010, planning would assess the fee and dbi would collect and enforce the fee. for projects issued building or site permits before july 2010, either mta or dbi would do -- excuse me mta would do the assessment in both cases but either mta or dbi would do the enforcement in collection depending whether certificate of occupancy has been issued. if one has not, g goh would dbie collection. the difference is because prior to july 2010, the mta had full administrative authority over the tidf. in july 2010 ti tidf was consolidated with other planning fees. however, there is a transition period that's required. so this would allow for an appropriate approach to different projects, depending where they are in the process. finally, the proposed tidf update would tie the future tidf -- of planning code 410 which establish requirements for reportin analyzing, and updating fees. and both i and ms. -- from mta are available for questions. thank you. >> chair mar: also have regina dick intri, director from the office of small business with us as well. supervisor wiener? so why don't we ask if -- actually, ms. bose or ms. -- did you have any remarks at all? >> good afternoon, chairmar, supervisors. the small business commission heard this matter on june 11th, and it did -- its recommendation is to approve with recommendations, and our recommendation. one of the recommendations is in the current form of the legislation with a policy credit, which our office did work on with oawd in the transit sustainability project. so the small business commission's final recommendation would be to approve this piece of legislation. and we're pleased with the policy credit for small businesses. >> chair mar: thank you. ms. bose, did you have any remarks? >> thank you, supervisors. nothing more than what alicia said but i do want to reiterate we're very supportive of this because it's one of the ways we fund our system. so we do want you to approve this. thank you. >> chair mar: thank you. now, let's open this up for public comment. is there anyone from the public that would like to speak? so three minutes max. thank you. >> good afternoon. my name is steve cookland, i'm a development consultant working with the client on a project in the bayview, which consists of wholesale storage, in combination with pdr incubator space. we filed an application for the project last year and we've been moving it through the process with some additional legislation. but the new tidf fee in the existing program, that is being modified, came as a bit of a shock to us. at the planning commission hearing, i made comments, and the commission approved -- or adopted recommendations to extend or provide a grandfather provision for storage until the end of 2013. and i'm just here to reiterate our -- or express our satisfaction with the planning commission and hope that you adopt it with those recommendations. thank you. >> chair mar: thank you. is there anyone else that would like to speak? seeing none, public comment is closed. supervisor wiener. >> supervisor wiener: colleagues, this is, as