tv [untitled] April 22, 2013 2:30pm-3:00pm PDT
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the sequa determination. >> i think that the sequa determination is incredible powerful so never mind of encouraging dialog a sequa appeal from the largest promotions to the smaurt is considered and i think one of the city agency that has gone through the non-sequa appeals and has issued approvals perhaps i mean - i can imagine that agency saying how can you rule against the sequa agency seeing we've spent a lot of time. you want an objective analysis
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>> any additional comments? supervisor kim if i can raise one issue. in our discussion before about our election you may have a different prospective. my understanding in reading our election is, in fact, under our legislation the current procedure would remain in place that one, the rec and park commission approvals it there are would be a thirty day window to appeal but in under your legislation the opponent could wait until a building permit was pulled and if there were 3
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priltsz pulled would wait under it is employed. it seems like that is something that the facts being what they are we can at least have the same facts at hand >> thank you. >> does the planning did not have any presentation to may make before we get to public comment? >> we haven't prepared a formal presentation but we have not prepared anything. >> maybe i can ask planning staff on that issue we've been talking about the delores park
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what would trigger the thirty days for the appeal? >> yes, in our reading of the legislation an appeal could be filed once the negative declaration is adopted which in practice happens at the time that the project is approved but then an appeal could be filed within thirty days of any discretionary approval. >> so if t a building permit between parks renovation it could go into construction and there's a permit that is pulled in the middle it could be enclosing to sequa? and if you have that kind of appeal filed my understanding is
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construction would have to halt until the sequa is appealed >> yes, this is my understanding. >> because if there's a sequa document is challenged additional changes will have to be made. >> i was going to ask the city attorney. >> that's a strange writing. the ordinance the supervisor kim's ordinance provides in section 31.1 that a negative declaration be filed anytime it's issued by the planning department and no longer than
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the 30 days avenue it's adopted after the city approves the promise >> let's say if the park project in the case of a categorical exception? >> it's anything up so long as there is still a discretionary approval action. so it would be the final discretionary principle of law >> so if you have a park renovation so the two categorical exemption the deadline to appeal would be the final discretionary act? >> so long as it's thirty days. >> that could be within the thirty days? >> it still has to be a
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discretionary. >> so in san francisco it's still thirty days. >> generally they would still be discretion for the city to act on with sequa. whether you could still implement changes to the project >> so what if another building permit is pulled could that trigger a sequa appeal? >> yes, but if it was a negative declaration the two ordinances your ordinance and supervisor kim's ordinance i think have pretty sure the same wondering and i want to say there's a couple of things in the planning commissions decision that were i thought
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inaccurate. i'm not sure how that happens but the community was very clear because negative declarations get much more in the public eye there's a process through the planning commission there wasn't a need to go through the process. i think much the decision is going to be through the implementation. there isn't the robust notification that the public would like to see and but this is not the area from what i've heard where we want to see a longer appeals process. the one difference between the ordinances we allow an appeal to take place earlier than the first approval. but the first approval would be
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thirty days after the deadline to file the appeal >> i ask you in terms of allowing earlier appeals i know that that sometimes, people file appeals and sometimes they're told you're too early. but i think the other big difference for categorical exceptions there would be times when an appeal could be filed in the middle of the promise >> for example, for park improvements people don't find out actually there's changes going on in until they're in the
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middle of the project. but i think it's appropriate to have dialog once the public has proper notification. the push that the current place is that projects get hoodwinked over them but that's why we're having this dialog today >> i agree i think that most members of the public have no desire but to oppose a project only to oppose it so we agree rules are necessary. colleagues if there's no additional comments we have cards here. if you have not filled out a public card please do so. i'll read a batch of names and
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well as supervisor wiener's. i have an overhead here of park merced. per sequa guidelines public agencies must carefully consider any potentially feasible alter that may minimize a significant environmental impact. and this is sequa 5.1626 it must contain a thorough decisions that do not included that dpoogs. the bulldozer are torn down
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adjacent to a large community and the loss of an open is that a that was part of the hearing where the public lost and the individual tenants went from 1 thousand square feet to 1 hundred square feet and none of this was addressed. it was raised but the public agencies in charge doesn't due their diligent duty and that's why we're here today. we must have adequate comment in the process >> thank you, mr. wood.
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>> thank you very much i'm george coalition for san francisco neighborhood. a couple of thoughts. i think the best way to look at this sequa legislation it's not my legislation or your legislation i've heard that a couple of times today. i think we should look at the best for all are i want to thank president chiu. i think some of the things he's added are very good where specifically he supports supervisors kim alternate to sure all appeals inform to the environmental determination at the whole board. personally support the trigger and you have to understand that
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most of her legislation has been grafted by the community. one of the things that the community neighborhoods have a lot of it seems to be fundamentally helping the planning department and talking about helping the developers but it is like planning overwhelmed. i want this to be not so much about what the planning department can and can't do. so i want to thank you. again and that's it. thank you >> thank you. >> supervisors thank you for hearing us again. and thank you, president chiu.
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and i like the notes i was able to take awhile you were speaking so far very, very much. considering your remarks last hearing. the thirty days after final approval is still a great certain to me i know of many instances that hadn't been handled credible. the amendments put forth today start to move in the right direction and i'll hopefully have this in two weeks be able to get you some written comments but we're on the right track >> thank you very much. next speaker >> good afternoon supervisors
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i'm chair of the san francisco action coalition i hold that position as a volunteer for green alliance. one of the members of the endorseer of the supervisor wiener's legislation. i'll be back in two weeks in the continuance happens. i think it's importance to not this is heading in the right direction. i too was listening to them and nothing jumped out at me as something that will be a certain. i'll be taking copies. but we thank supervisor chu for stepping in to correct what might be flaws in the original
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legislation but overall we're strong supporters is of supervisor wiener's legislation. this has been a process that's n a decade in the making. this has taken a long time to get to this point and it's time to bring it to a close. with that said we haven't looked at supervisor kim's legislation in detail and i believe we should do that. whatever we like we'll approve in supervisors kim's and whatever we don't we'll oppose. >> thank you. next speaker
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>> i'm the project person for the coalition project. this has been a process - was one of the reasons this happened. as we noted before the sequa has been going for 10 years. we have badly needed improvements. we know that the sequa has done damage this includes the public projects as well as affordable housing construction that hurt the process. can we not admit that the process of sequa harms the process. supervisor weaning doesn't talk about how sequa improves the
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environment. this has been through months of community outreach it's been changed foments. unfortunately, this most of us in the wrong direction. its promise is one that we have not had enough time to appeal. the bid before you is a simple one should we adopt rules that move forward please support supervisor wooenz legislation >> good afternoon coordinator of the sequa improvement team and happy earth day. today is earth day. i want to remind sequa and earth
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day were born in the seem time period. it's the strongest tool that the community has this sequa. and we should not take amendment the sequa process lightly. and even though we can't all the time the state law wherever you are asking the community to change sequa you're asking to change state law. and especially earth day is a time to take this seriously. supervisor weaning a lot of your amendments look interesting, however, we would also is a we spinster a lot of work working on the legislation that supervisor kim put forward and it's much more elegant a
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solution at this point. we want to make sure we wait until supervisor kim's legislation come forward before we decide how to move this whole passage forward. let's make sure we wait until all 3 ideas are together. finally, i want to speak to the issues also what supervisor campos brought. right now people feel like they've got to run those projects through like a steam locomotive. >> thank you, mr. brooks. next >> thank you for the opportunity to commend you for the bringing up the legislation
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supervisor kim that he president chiu in moving this forward. for those of you who didn't have my previous testimony. in terms of the immediacy of our needs we need to look at the basis of appeal. appeals must be taken on the accumulate measured open the value of the community involved by their environmental effectual in surrounding areas. this is in tsequa process. i can't arbitrary assign this you have to have criteria.
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the positive should be fully opportunity by general fund then by the basis of the permit and planning funding it's based on the amount of funding. this punishes small-scale entrepreneurs. third you need a city and county assistance cooperation that will have help from future costly funding. and fund subsidies for public development public builders. i have exceed the two minutes.
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and that's pretty good. >> next speaker. >> hi i'm michael. i'm a member of the park merced coalition and have been involved ♪ the sequa legislation as well. i want to thank everybody here supervisor weaning for taking that on and bringing forward those contentious issues. supervisor that kim for picking up the neighborhood communities effort and working to simplify and a clarify them and president chiu for creating a bridge here. i don't care really who's name t
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is on this legislation. i feel like each one of those phases is moving it forward. i want to make sure we have plenty of time to consider the appeals i don't want to see this rushed out of subcommittee before supervisor kim's legislation can be looked at. in 1970 when both sequa and aircraft day begin i was in the design position. we sent students out to find materials for artistic purposes and i want to say on earth day please let's not rush this process forward. there's so many good changes in
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supervisor kim's legislation and the articulation and clarity is very reassuring to us in the community and i appreciate the changes you've made too president chiu >> thank you very much. next. >> good afternoon supervisors i'm paul. i guess i'd like to focus on one very small area of the amendment that was proposed. that was the issue of the environmental officer having the authority to determine if changes are significant. having the authority is we have but does this have the responsibility to review all of them or not?
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the changes there are a lot of changes during the legislation. i believe at any time trying to do surgery with a blunt sword. i would encourage you as part of the amendment add language directing planning department and d b i to stash guidelines on what triggers a review by the environmental officer in project changes so there's some clarity in expectation. i think that would go a long way to benefit everyone. and as near as i can tell it's absolutely lacking in any of the documents. thank you >> thank you. >> thank you supervisor.
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there have been relatively few appeals of sequa appeals in san francisco please don't be swayed by a if you stories. over 41 organizations worked with supervisor kim and i think that her legislation is straightforward and would be a good basis to add in parts of your legislation supervisor wiener and part of the changes that supervisor chu has suggested. the sierra club, black human rights council and golden gate alliance, san francisco green party, san francisco agricultural hemorrhage and green action for health and environmental justice. west of twin peaks council. cool valley improvement
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coalition. council for community housing organizations and take back our parks just some of those 41 organizations that have put in sweat here. we need to have the time to fix this went and i appreciate your giving you the time today and because of the schedule for historic preservation we're going to ask that you put you all of this about a month to three weeks out until kim's legislation can go through both planning and a historic legislation. thank you very much >> let me read a few more names. (reading names)
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