and others. our view is this particular piece of improving texas service -- we would be perfectly comfortablepfh1ñ, at the commi's interest, to continue this to the next meeting. we would be more than happy than to come back with some of our ideas and that time about the customer service peace,ç but we do see this as one piece of a much larger discussion that we need to have in this building, as well as in mta, around taxi service in the coming year. so that would be my broader statement of where we are. çthis is a small piece, changig the administrative code. this is a small piece of what we need to do over all but we appreciate the work of the committee on this, as well as mta staff. >> thank you. so you would have no objection? >> absolutely not.

one of the issues we have, we always want more data. we are comfortable withç the committee's preference on that. >> we are going to open this up for public comment. >> good morning, supervisors. i have been a taxi driverç in n francisco since 1975. i also have a taxi medallion and i work full time as an assistant manager at luxor cab company. in brief, we are quite supportive of this legislation. it has been discussed extensively throughç meetings that mta staff has invited the taxi industry to participate in. the position that this would create would be paid for by the taxi industry.

çour understanding is it is fuy funded through rfp's with the general fund money involved. we are pleased with this legislation. it will give us some bang for our bucks. we are tired of getting complaints from people who are riding around in bogus luxor cabs that are marked up to look likeç our vehicles. they are particularly in the mission district. we have our own complaints, but when people talk about run service from cabs that we know are completely legal, it is very telling. we look forward to the day when mta staff will be more responsive and able to go after these things. a couple specific items i would like to draw your attention to, and it is a prohibition against the payment for for all of the passenger. i am not asking you to change

anything but i want to ask you to register, as staff and mta has recognized, our pride charge service is not the targetç of this. that is a service that we contract with. we pay them for their referrals. it comes down to the individual driver and our company. this accounts for as many as 1000 troops in a single day. -- trips in a single day. >>ç thank you. any other member of the public? >> ed healy. i had been working for luxor, i know work for green cab. xin mçs. coh'e

assumption that the legaillegals are filling a need because incorrect. those gypsy cabs do not know where alemany is. they do not know the crosstrees in your neighborhood either. what these vehicles are doing is they are picking up people off the wharf, union street. you are concerned about getting cabs out to the neighborhoods, but that is totally different çfrom what this legislation is proposing. it is proposing bowing down paths. i had a woman who told me she was picked up by one of these gypsy cabs. çshe told thehim where she wano

go, but instead, he wanted to take her to a hill to smoke a joint. then he took her home. he kept onç calling her afterwards. this is not a taxicab and you do not know who you are dealing with. these people do not have insurance. dealing with your neighborhood is a big problem. itç has a lot to do with traing and so forth, but just spreading illegal cabs out there is not room solve your problem. >> good point. thank you, sir. >> ♪ good luck with the taxis traveling people you have to fix it withç a no parking ticket do whatever you can and what

they need be careful all the time if you please i had never been good with money they haveç to get it anyway they can fix it up through the city we hear from the people everywhere here they come watch out now they will take it to you watch out now, here they come çthey are taxi and parking tict eaters watch out here they come watch out we areç reaching out we are in search of illegal taxis now in the city everywhere you better look out now we are reaching out we are in search of a legal

taxi's everywhere do notç make them mad, do not make them played a big taxi ticket is the last thing you need you are not free look out now we areç reaching our they are in search of illegal taxis everywhere be where be out there looking for you reaching out, we are in search of you be careful now ç♪ >> any other public comment or expression of song --9] ç equal opportunity here. çseeing none, public comment is closed. supervisor campos.

>> i would move to for this item to the next meeting. >> great, without objection. we look forward to continuing the discussion and recommend to our friends with the mta here ht they meet with supervisor campos and cohen to follow up on information for the nextç meeting. madam courtclerk, the next item- actually, we will return back to item two. >> thank you. i feel like i'm at the mta so muc. this item needs some corrections toç the resolution. i would respectfully request that the item be continue to the

call of the chair and we plan on introducing substitute legislation. apologize for the inconvenience. ç>> not a problem. we will continue to the call of the chair. is there any public comment on this item? >> somewhere down the school road g again somewhere down the school road i know your heart will come to see that thisç money belongs to the school in need >> next speaker please. good afternoon, supervisors. douglas yet. i would like to speak on behalf

of item two. now that we have bqr as the head of the department of public health, we should give her every resource available in order to improve the department of public health. çwith the departure of mitch kz @ san francisco general hospital, i would encourage the department of public health to better its performance. i think there has been a lot of discontent of certain aspects. items like item two will give the department of public health enough money to improve itself. çunfortunately, all of us are aware about the news of laguna honda hospital. i feel barbara garcia will support on going whistleblowing activities by employees in her department. çhopefully, that will extend te

sand and this could general hospital. >> thank you. any other public comment? seeing none, public comment is closed. a request to continue this item to the call of the chair. so moved. do we have many more items before us? >> no, mr. chaiv >> very good. this meeting is adjourned. this meeting is adjourned. ç

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supervisor mar: the meeting will come to order. happy monday afternoon, everyone. this is a regular meeting of the land use and economic development committee of the san francisco board. i'm the chair of the committee. to my right is the vice chair of the committee, and to my left is supervisors got wiener -- supervisor scott wiener. are there announcements? >> please make sure to turn off cell phones and pagers. any documents to be included as part of the file should be submitted to the clerk. items acted upon today will appear on the february 8 board of supervisors agenda unless otherwise stated. supervisor mar: thank you, and i

would like to thank the staff from sfgtv for broadcasting this meeting. can you please call item 1? >> item 1, or in its amended the planning code to amend the upper market street neighborhood commercial district. >> the proposed extension of market octavia goes west to the northwest corner of castro street, specifically the lot with be artsy gas station. my home that i own is a condominium at 17th and diamond, which is less than 500 feet away from the gas station. as a result under california law, i have been devised that i must recuse myself from this item, item one, and i request permission to do so. supervisor mar: thank you.

supervisor cohen, without objection, we can reduce the supervisor wiener from this item. thank you. thank you. so for item one, it is extending the zoning controls for the market and octavia plan up to castro and market street. this extends the zoning controls and infrastructure improvements as well. we have ms. rogers from the planning department. >> good afternoon, supervisors. i'm here to represent the position of the planning commission. this is an ordinance that they initiated in response to hearing from people who lived in the area, so probably over a year they lobbied the planning commission. the proposed amendment is not an

extension of the full market and octavia plan. in large part, it extends a number of specific controls. the intent of the ordinance is to insure the development is consistent with the existing development patterns. the supervisor from parking requirements encourage more transit-oriented development in this upper market -- maybe i will put a little map on of the area. this map shows market street. here is castro. this middle color here is the upper market with the two parcels going down 16th street. it would ensure that development was in this area and also contributed to the community benefits program and impacts of new private development through infrastructure fees.

specifically, the ordinance would amend the following controls -- section 134 to require rear yards be provided at the ground floor and above, require glen ridge a ground floor of commercial uses would be required. of street parking would be amended to permit one car for each two dwelling units. the general standards for parking and loitering would be admitted -- amended to not permit new entries on market street in this area, and restrictions on the demolition conversion and merger in the area would be amended so that there would be added restrictions on existing dwelling units in this area above and beyond the current demolition controls allowed by section 317. same with the division of dwelling unit controls. the area would be a special- exemption that would allow for additional height, and portions

that are currently zoned for 40 or 50 feet, and that is -- as the supervisor said, the development would generally be extended to this area. the planning commission initiated after hearing from residents, and that is when the commission asked staff to provide some analysis. in doing so, we found that this proposed amendment is consistent with work the department has done for eastern neighborhoods, said the commission enthusiastically recommended approval of this. there was one thing that they added at the hearing. most of the ordinances which we did through planning efforts involved extensive community outreach and years of notice. because this draft ordinance did not benefit from the same process, did not provide the same link a notice to developers -- the same lengthy

notice to developers, the provision -- the commission proposed changing controls so there would be an exemption for certain controls and taxes with pre-existing cut six that have already filed, and if they are able to make good on their permanent application and get their entitlement within two years, so this is insuring that the projects is actually ready at the time the board is considering the ordinance and that it moves through and does get entitlements in a timely manner. so that describes the ordinance before you. if you have any questions, i'm available. supervisor mar: i do not see any questions. thank you very much. now, let's open this up for public comment. is there anyone from the public that would like to speak? please come forward. how many people would like to speak on this item? there are quite a few. let's limit this to two minutes per speaker.

>> good afternoon, supervisors. i represent the 12,000 members of the san francisco bicycle coalition. we are very supportive of the proposal. it is very common sense. it rationalizes and harmonizes the zoning and deals with this orphan block. you have heard about this already. if anything, it will make development there more predictable, more fair, and it really brings the standards that we have developed at length for market and octavia to this last block, and it really helps to protect market street as a transit bicycle pedestrian corridor, so it seems like a very common-sense thing to do, and again, we bring you our wholehearted support for the measure. thank you. supervisor mar: thank you. those that would like to speak, please come and line of the pecan -- line up if you can.

>> hello, supervisors. i represent the castro area planning. our members and members of other neighborhood groups have been working with the planning department and also some of the developers who are working to build new developments within the zone, over the past year. we wholeheartedly support this, and we believed it is a very sensible and really kind of a modest change to the zoning, but it also kind of completes the process that was begun several years ago in which the community was engaged in a very popular and successful planning process to determine how the future of market street would progress from this point, where

at the time, there were several large-scale developments proposed on market street. of course, this last block, which was left out of the rezoning, but was included in the community design process, so this ordinance will really bring some unity and conformity and certainty to the process of development, which we expect will happen in the next couple of years. also, we expect that it will actually help to enhance the neighborhood by bringing better transit-oriented and community- oriented projects, so we urge your support. supervisor mar: thank you. >> good evening, supervisors. a group of us, of the neighborhood organizations work for a long time to hammer this

out and make sure that we got something good that would work out. a representative just spoke. the reverse -- the neighborhood title association was involved in that. liveable cities and the market and octavia actions community. also, the community -- well, the cac also endorsed this. so we are very happy about it. it is not as if the community was not involved. it was very involved, and we are very happy to see this extended. my colleague just referred to the community plan for a firm market, which was a long process that involved community agreements and all kinds of

things for upper market, but the zoning controls in that plan -- it was relying on the zoning controls of the market octavia plan, but that was not covered. it just makes good sense. it is rational, and we fully support the way it has turned out, and we hope you will, too. >> i counted on three minutes, so i may go a little longer. i hope that is okay with you. our office has been working on a residential project on the northwest corner of castro and market street since 2004. the proposed extension would have a negative effect on our project. we have a co-conforming commission and request that it be grandfathered as we have the application in prior to december 31, 2005. i would like to give you a brief

history of our budget. the multi-family building with commercial based on the street level. we worked with the planning department until 2007 when we were informed that our project would be put on hold until the upper market design was completed. in 2008, the upper market development guidelines recommended a very different zoning for the slot, for the planning codes. we were directed to follow the guidelines, rather than the zoning. we found out that we have little support when we began the process. last year, we concluded that to continue with the project, it must be 100% code-conforming to existing zoning. the proposed zoning only partially incorporates elements of the market batavia plant and would actually make this particular project less desirable and in direct conflict with the screwed up for market design guidelines. in particular, under the new

zoning, the rear yard would be required at the ground floor, not at the first residential floor. this would not serve the residential units but only reduce ground floor commercial use. because of the growth of castro street, this will locate the rear yard of the project three stories below the rear yard media tapir. as a matter of city planning, this makes no sense whatsoever. we ask that our product be grandfathered in at the first residential level. supervisor mar: mr. benjamin, please summarize what your main point is. >> we have been at it for six years. we have a project that is co- conforming. we want to continue with the project. i was bringing up parking being reduced. and part of the markets/octavia plan was removing density requirements, so we are getting

part of the market/octavia, but we are not even gaining density improvement, which is what design recommended. supervisor mar: thank you very much. >> and good afternoon. congratulations on your election and congratulations on your position here. we also have been at this a few years, working with the various -- supervisor mar: if you could state your name for the record. >> i apologize. lee molten. i'm with the design group. we have also been at this for a number of years and have had pretty good feedback on many of

the proposals. we're looking at mixed use projects but also adding rental residential units. under the new guidelines, which we support, we do support the extension to take up what has been termed the orphan law. we do support that we are looking for again more certainty in the process and more uniformity of the application planning guidelines. we worked with the neighborhood on the upper market neighborhood design guidelines. the owners have resisted they did in many different neighborhood organizations and groups and so forth, but our project will be affected by the change in ways that probably the existing market activity a plan is not expecting. because the guidelines being extended are only partial. so how we are directly affected is that we will be the only