news racks in those areas. i am not sure where the existing ones are, including the covered stones. we still see from time to time the freestanding ones popping up and there is no way of knowing where they are. >> currently on our web site under the news rack program you will see a list of six pedestals loans. within each cell you can click on it and you will see a map, giving you the boundaries of the particular zone and locations. that is one thing. for the availability to be posted in a way such that anyone who might know where the location is of the unit that is empty, and the exact location. for example, a 10 unit block

might be the bottom left that is available. supervisor chu: perfect. as part of the contract, they indicated that every year after the box started, a provider would provide 100 news racks. what does that mean? one pedestal with four slots? how does that work? >> the units come in sizes. 6, 8, and 10. each year clear channel is obligated to give us 100 new units. supervisor chu: which could be a configuration of six, eight, or 10? >> correct. supervisor chu: thank you. any other questions for the committee? seeing no one, is there a motion. without objection, motion is approved. madam clerk, are there any other items before us? >> no, madam share supervisor chu:.

-- no, madam chair. supervisor chu: thank you, we are adjourned.

supervisor maxwell: welcome to land use. i'm sophie maxwell and i'm chair of the committee. eric mar will be joining us shortly and our board member and president of the board, david chiu, has joined us. madam clerk, i believe you have some announcements. i'd like to chang the folks at channel 26 and our clerk, alisa, channel 26 for bringing us live and you for being our clerk. and i think you have some announcements. >> please make sure to turn off all cellular phones and pagers, complete the speaker cards and copies of any documents to be included should be submitted to the clerk. items will appear on the board of supervisors agenda, unless otherwise stated, on december 7. supervisor maxwell: thank you. we will have item six.

item seven will be continued until december 6. and item number four will be continued till the call of the chair. supervisor chiu: you said item six is also continued? supervisor maxwell: item seven will be continued until december 6 and item number four will be continued till the call of the chair. however, if you'd like to speak on either of those items, you may do so. madam clerk, first item, please. >> [clerk reads item number one] . supervisor maxwell: this has been before us any number of times and we are now in cleanup mode, so i'd like the planning staff to come up. >> good afternoon, as chair maxwell noted, you have seen this ordinance several times. it's an ordinance from

supervisor chiu and the mayor dealing with the upgrade of the inclusionary housing program. when this was heard at the full board, we realized that there was an additional code section that was not included in this legislation, so we needed to include it and have it conform to the rules. i know susan cleveland knowleses here from the city attorney's office and wants to go through some of the technical amendments. i'd like to pass it over to her. >> chair maxwell, supervisors, susan cleveland knowles, deputy city attorney. the reason that this item came back to you for one additional hearing is that sectionathon 249.33 dealing with the van ness special use district was inadvertently omitted from the legislation and needed conforming changes. so those have been made to the copy. in addition, when the

legislation came back, i recognized a few additional consistency changes, and i have a handout for supervisor mar and supervisor maxwell. i believe supervisor chiu already has a copy. it just shows two cleanup changes and the page numbers. the first is that we needed to replace the reference to building or site permit with the term "first construction document." that was a change that was made in earlier legislation. we just want to make sure the planning code is consistent throughout. secondly, i realize that a couple ofcross references in section 416-b were incorrect now with the numerous changes to the legislation, and i have corrected thosecross references. secondly, the city attorney's office recommends that an uncodified section be added to the end of this legislation

that will just recognize that there are numerous pieces of legislation in your process right now that all amend section 401 and 415.3 of the planning code. so to avoid nip of those things inadvertent lie superseded, we're recommending adding this uncodified language to make sure that every piece of legislation that you adopt is given full force and effect. none of the pieces of legislation conflict. they just happen to amend the same sections of the planning code. and i provided supervisor chiu with complete amendments of the whole committee, but these pages summarize the changes. supervisor maxwell: thank you. supervisor chiu, any comments or questions? supervisor chiu: i just want to thank the planning staff and our deputy city attorney for all the work you've done with all the recent amendments we've

had to do. supervisor maxwell: let's open this up for public comment on item number one. >> my name is francisco dekosta, and i just want to make a general statement. the first time when this agenda item came, portions of it were left out. now the city attorney has clarified that that was so. simultaneously there are some amendments that we did not know about, the public did not know about. and i know during public comment you cannot reply to me, so apparently there was some amendments, that listening to the city attorney, are holistic in nature. butt remark i would like to make is that we have to be careful. when things come here and are put on the agenda, that everything is included, and secondly amendments were made

because there were some loopholes on this issue which were not brought out the first time around. and we have to be careful, because such amendments affect a lot of people, especially in some of the corridors. and i say this because some of us who attend the planning meetings, we know that after going to the planning meeting, it has to come here before it goes to the board. and the time has come first for those at home especially, that there are some people who are astute and they know a lot about planning. and we know how to connect the dots. so we shouldn't be leaving important portions of any

agenda item out. and it would be good that the amendments are heard separately so that we fully understand what is transpiring here. thank you very much. supervisor maxwell: thank you. any further comments? seeing none, then public comment is closed. colleagues, then, without objection, so moved. item number two. >> madam chair, you did adopt the amendment as a whole? supervisor maxwell: yes. why don't we rescind. and on the amendments as a whole, without objection, so moved. and then on the item as amended, without objection, so moved. >> site elm number two, preservation easement, bayview opera house. supervisor maxwell: this resolution approved a

preservation easement that will protect several elements of the bayview opera house, an important resource to the neighborhood and to the city which sits on third street. not only will it help protect an important pressure, this easement will allow us to utilize a national park grant for improvement work. additionally, it will support the application for the opera house's nomination to the national register of historic places planning staff and the art commission, i believe, will be here to present -- are here to present. why don't we start with the art. >> good afternoon supervisors, i'm judy, program director with the san francisco arts commigs and the arts commigs is the property owner on behalf the city that owns the property in question at the bayview opera

house. we are actually thrilled at this opportunity to identify this easement opportunity. this is a chance for us to not only do the work that saves america's treasures has allowed us to do, but as importantly, it allows us to maintain the fabric of the building on this beautiful, beautiful building. as you know, the building needs a lot of work. this allows us to identify the pieces of the building that have been identified as part of the 1888 pab brick and to preserve -- fabric and to preserve them in their integrity for at least the remaining 50 years. so we think it's a wonderful partnership with the tenant organization, with san francisco architectural heritage, and we think that it's an opportunity for us to heesm raise additional --

hopefully raise additional funds and to turn this beautiful building into the treasure that it should be for the benefit of the community. supervisor maxwell: all right, planning. >> good afternoon, tara sullivan from the planning department. bayview opera house is landmark number eight. the commission did pass a resolution on september 15 in full support of this easement. they reviewed the materials from heritage as well as the departments working with the art commission, so we fully support it, as does the department and the h.p.c. does. so i'm here to answer questions, if you have any. supervisor maxwell: colleagues, any questions or comments? all right. then why don't we open this up for public comment. >> members of the board, the bayview opera house is a beautiful building, and much

before a lot of money was put into it, i donated some of the chairs and the tables, a substantial amount, so that activities could take place at the bayview opera house. at one time the bayview opera house came under south san francisco. and opera used to take place over there. people know about the bayview opera house in general. but when the riots took place people got into the bayview opera house, police fired at the bayview opera house causing

damage. so i work for the national park service, and i understand quite a lot about landmark buildings. and what i'm hearing about today is that some significant repairs have been done, so that the bayview opera house can be rehabilitated. but if i'm hearing correctly, i think there are some paintings and some pictures inside bayview house that, with the money that they're going to get through a grant, that's going to be restored. so if that is so, it's good for all of us. because if you look on third street, there is no community center -- landmark community

center where the people can gather. and so some of y'all have been at some of our events and functions there. it's not very far from my office. we appreciate what is being done. and we'd also like to know more about how the arts commission got jurisdiction over this building. and we would also like to know about who the board of directors are and we would also like to know what benefits will the community have when they have meetings in this building, rental and so on. i know you can make eyes or whatever, but i'm here to tell that you the community, too, has donate add lot to this building, and i have been one of them. thank you very much. supervisor maxwell: thank you. next speaker, please.

>> good afternoon, land use. walter paulson. ♪ you got a great bayview opera house ♪ it's got the most ♪ it's very beautiful too ♪ and it's there for you ♪ and that's why you got to fix it up ♪ you got the best bayview opera house ♪ it's got the most beautiful view ♪ and it's there for you ♪ time to fix it up today supervisor maxwell: thank you, walter. any further comments? or -- >> hi, i'm mike buehler, executive director of san francisco architectural heritage, and i just wanted to express how fortunate we feel to be entrusted with this responsibility and i'd like to attest to the partnership

that's already been developed between the arts commission and the nonprofit bayview opera house, inc. in discussing and reaping -- coming to terms on this easement and i'm here to answer any questions you might have. thank you. supervisor maxwell: yes. could you explain to us exactly what it is we're talking about? somebody mentioned art and pictures, and i don't believe it's that. will you -- >> yes, preservation easements is an agreement between the property owner and the easements holding organization -- that's us -- that identifies significant features on the historic property and requires us, as the easement holding organization, to review and approve all changes to the building, in this case for a period of 50 years. supervisor maxwell: so when we talk about the building, we're talking about parts of the exterior, parts of the interior, we're talking about the building itself, or are we talking about things inside of the building, like pictures? >> it's mostly exterior features. some interior features have been identified as significant

based on the national register nomination prepared for the property, and we work closely with the city and the opera tenant in developing the list of protected features going forward. i should clarify, we would only have the ability to review changes to those significant features that are original and integral to the significance of the building. supervisor maxwell: would you give me an example of both, one exterior and one interior feature? >> like the arch, for example, on the interior. supervisor maxwell: the arch. >> yes. and any original historic fabric on the exterior of the building. supervisor maxwell: all right, thank you. >> thanks. >> good morning, i'm from bayview hunters points. just wondering if, from the gentleman who just came up, if on his border, whatever his agency is, if there are any people out of bayview hunters point that are a part of that and if -- for 50 years, if that

entity would have controlling factor over changes made or not change. if they are also contractually obligated to make sure that residents who are in bayview hunters point are aware or to make sure that they are aware, as well as if there are any employment opportunities, economic opportunities that come out of this resolution, to be sure that there are persons out of the community who are involved or benefit, rather, from that. there are so many things coming to bayview hunters point, and as francisco has mentioned before, there's something like 60% to 80% pockets of unemployment, people who are considered unemployable. so whatever possible economic projects that are coming, no matter where in bayview hunters

point, that those populations have to be considered, even under extreme ways, to make adjustments, to make sure that these -- because everyone is looking to all of the new things coming to bayview to save the community. but if plans and easements and resolutions, if they come without language to satisfy, to help bring up those people who are currently considered maybe for displacement with some of the new housing ordinances, rules, on other ends, that they're not being considered. and i'm here to speak for those persons, to be sure that they're not being conveniently excluded because they're not -- because people are thinking they're not going to be there in the next five to 10 years. that's unacceptable. thank you. supervisor maxwell: all right. any further public comment on this item? seeing none, then public

comment is closed. colleagues, then, without objection? supervisor chiu: can i just ask a question of the arts commission staff person? a good point was made by public comment, and i was just wondering if you could comment on governance of specific historic sites like this so that the community benefits from the renovation and the uses of the bayview opera house. and i know this is a simple easement that we're discussing, but i think that was a good question raised, so that the community's use and benefit of the site are maintained, especially given the history that was mentioned about the hunters point police invasion and the so-called riots from years ago to now, where the community feels very strongly about community control of historic sites like that. >> i'll do my best to answer your question, supervisor. the tenant organization

receives an annual grant from the arts commission that is tied annually to their lease agreement. that tenant organization, we hope, reflects the greater community. its board is reflective and representative of the broader community. they are required, through their funding, to hold for a minimum of four community meetings every year. they're called community support board meetings. so we do have already built into our structure the opportunity for community involvement. the easement simply means -- well, not simply means. the easement will support what is already in place with the city historic preservation identification, that any work that's done on the building is done thoughtfully and in consideration of those historic elements. we, as a city property owner,

have to follow all -- if we use federal funds, we have to follow all of those requirements. so this easement has little, if anything, to do with finances. there's very -- we give a small honorarium to heritage to acknowledge their staff time and as part of the legal arrangement. but there is no ongoing exchange of funds or any hiring practice involved. supervisor maxwell: but i do believe d.p.w. is looking at doing some of the work. >> yes. any work that we would do, if it's work on the historic element, we would do it in consultation with heritage to make sure we're doing what needs to be done. and any funds or any work done by d.p.w. or any partner organizations, we follow all local hiring requirements. supervisor maxwell: thank you. any further comments? then without objection, so moved. [gavel pounded]

madam clerk, item number three. >> item 3. zoning map and planning code to establish the bayshore boulevard home improvement special ute district. supervisor maxwell: this ordinance represents one piece of a broader effort to look at the bay sor corridor, to identify ways of supporting existing businesses and grow new economic opportunities in the neighborhood. this legislation is the product of many, many stakeholder discussions involving at this time yents of the bayview hunters point and business operators on the corridor. it has benefited from the support of several city agencies, including the planning department and the redevelopment agency and the offices of economic and workforce development, and i want to thank all of those folks for their work and all of the community and members who participated in this. the proposed zoning, along with other implementation work is still taking shape, including a

set of design guidelines and an economic action plan which will establish a framework for investment in the corridor, one that centers around a sustainable home improvement theme. the proposed zoning retained a sufficient degree of flexibility, so that a wide range of services, commercial activity and neighborhoods serving retail will be permitted. thank you. the boundaries that are set here are boundaries that we have talked about for a long time on this project. and we discussed throughout the project. however, that does not preclude us from taking a second look at some of the boundaries, especially if what could happen -- there's a possibility of shopping or grocery, something

like that, we are certainly open and we have the ability to rethink and relook at those designs. i'd like to take a breath and i'd like to ask my co-host -- we've been co-hosting these meetings together, for supervisor david campos to say a few words. >> thank you very much, madam chairman. let me begin by thanking you and your office for the work that's been done. i have to say that one of the things that i have found very fulfilling since i became a supervisor was how, if you have two offices that work together, you can make a lot of good things happen and that you can bring communities that may be on the surface who look like they don't have a lot in common come together, and realize they there is a lot in common. so it's been very gratifying for me to see that and i want to thank you for making that

happen. there have been a lot of people who have had input in this process, both from district nine and district 10, including the bayview pact, the burnel heights center. i also want to thank the planning department for all of the work that they have done. the mayor's office of economic and workforce development and the redevelopment agency. and i think that this is a really good start in terms of the larger planning that has to happen, but i hope that this item is approved by this committee and that it's forwarded to the board, because what we have is something that strikes the right balance in terms of addressing a number of interests. supporting existing businesses on the corridor, minimizing the environmental impact, including the issue of traffic congestion and also bringing businesses that are committed to providing local jobs for residents of the

bayview and neighboring communities. so i really don't have anything beyond that to add, other than to say that my office certainly is very proud of the work we've done and, again, grateful to you and your office for helping to make that happen. supervisor maxwell: thank you so much. why don't we hear from planning or >> good afternoon, supervisors. i'm on the planning department staff. last thursday the planning commission recommended approval of the bayshore boulevard project unanimously. that was as an amendment to the [inaudible] the legislation covered planning code, map and