>> good afternoon and welcome to the board of supervisors land use committee i'm scott wiener the chairman to my right it supervisor kim our vice chair and supervisor cohen. our clerk is andrea and thank

you sfgovtv for broadcasting jessie larson and jonathan madam clerk, any announcements? phones, pagers and similar sound-producing electronic devices are prohibited at this meeting. please file all indulgence to the clerk and items on today's agenda will be on the next meeting. >> i believe madam clerk we're attempting to identify on overflow room. >> that's correct. >> so we'll have an overflow room we have blue cards in the front if you're interested please fill out a blue card and note the number on the agenda you wish to address. madam clerk cail item one >> it's a resolution for the vail controls in the castro

neighborhood district. >> thank my co-sponsors supervisor campos and supervisor mar. those are interim zoning controls to address a specific issue in terms of projects that are determined by planning department staff to constitute fvrl and those projects make a change to one or two aspects to try to remove the project from formulating in the castro and other parts of the city as well there's i'm sure you're aware of colleagues sensitivity around the formula retail how it fits into our neighborhood. i have been a strong supporter

of the conditional use detail as laid down out rather than banning formula retail have a good cuffing e conditional use controls is the best way to appear before the planning commission to express views about the formula retail use a appropriate we'll have conditions in the castro district where a formula retail use has made a change to some aspects of the issue the planning commission determined it would have to go through the formula retail process and the planning department ultimately determined it didn't those are place where the project is

formula retail if a chance to this and that aspect is made the project nevertheless, will have to go through the formula retail process and closing the loophole in our law. i want to note we have a larger process take place within the planning department and supervisor mar to update our formula retail controls i'm hoping those are move forward r with one measure and their ultimately will be legislation but this will bridge the way and they'll become mute once the larger formula retail moves forward and becomes law with that, i'll ask for your support we'll open this up for.

is there any public comment? item one i do have some cards i'll call out (calling names) i apologize for mispronouncing your names. (calling names) and you don't have to testify in the order i'm called you. cannibis dispensary. thank you, supervisor wiener supervisor cohen and supervisor kim i was contacted by the health foundation to make sense of a planning process that was

opening a pharmacy and incline first, the planning department told the aids health care foundation they didn't need a formula retail permit then the planning department said the conditional use was for the square footage of the project and two because of formula retail issues and the suspended work on the project then the board of appeals said the planning department was wrong but had to work out the aids issues they wanted to know what the do and the work was done with the planning department and the zoning administrator said the suspense on the work could stop this is with back before the formula retail issue this is a process that has been going on for many, many months a it

unfairly targets this health care clinic and pharmacy this is not where we consider a formula retail use this won't change the mixed use in the neighborhood moving one pharmacy to another location and certainly not walgreens or cvs but a health care foundation for service to the patients. to derail this with the legislation we're almost through the process of the broiling i think it's bad public policy and bad because the health care agency wants to serve the people in the city thank you very much >> next speaker >> hello adam for the aids health care foundation. aids health care is a nonprofit

health care provider for over 12 years serving uninsured includes and the employment over 45 hundred people in san francisco we sponsored and participate in pride street festivals and other events giving money to a lot of the other agencies that is done with our own money not funded by san francisco government we've put in a lot of money. those intermediate control measures are simply moving the existing services in the castro are details and time is money, money means test and treatment and medical care the more time

we have to deal with that this means jobs and people often the most marginalized in the city of people getting sicker >> thank you. next speaker. >> hi dale with the aids health care foundation the opposition is political and has nothing to do with land use. the owns and other aids groups have opposition to how to treat this this is a lack of argument how the impact is impacting the use use not castro and there's an existing operation they're using this process and it's improper even if one sympathies

one people are harmed that have aids and the testing and prevention is unable to be provided because of the costs it shouldn't be in the mid of this thank you, thank you >> next speaker. >> good afternoon, supervisors ryan on behalf of the aids health care foundation. we have a number of concerns you've heard i want to flag a couple of legal concerns this project has so far received a designation by the planning department for not the sequa this is incorrect this will likely result in the per was of the blight by creating or maintaining vacant front in the castro. to the extending stent this project is being targeting by

this proposed control we believe it may constitute impermissible zoning as well. the purpose is to validate the approvals that have been obtained by this project and that concerns the due process. as a matter of concrete impacts i'll note the tenants of this noticed that a homeless person is taking up residence in a doorway and there's are impacts in the neighborhood as a legal matter it is very clearly impermissible and should be given a few sequa review if this is not done prior to the legislation the h f is prepared to take legal action to take the necessary steps for the purposes. thank you very much

>> thank you. next speaker. >> thank you very much i represent san francisco aids foundation we're the larger provider of the services we'll serve more than 15 thousand san franciscan and identify himself- positive people. your includes are along the margin in his in the city. as you know we're in the process of co- locating 3 which our programs in the castro in a single-space and despite the large deserve ability we sought and got an authorization bus because it was the right thing to do the process took longer and was difficult but in the end the feedback we've received from the community resulted in a project that is more desirable

to the neighborhood i'm strongly supportive to show that all uses are considered in a hearing that accident planning commission will listen to the public and decide whether the proposed uses whether or not this is a desirable program regardless of the castro location aids health care foundation is a los angeles based global foundation that recorded more than $770 million in revenue. should that be allowed to expand in the castro that's a question for the people in the community. i urge you to weigh in on this, please for the legislation >> next speaker >> as an hiv positive activist

in the community i've been involved and throughout the process there is different governmental organizations that have tried to engage this process and the puck was interested in what their vision for the castro was. in each opportunity we've continued to move to the next step and that process has not been done instead we hear lawyers and public relationships not willing to engage the public. i think it's difficult for anyone to understand >> you can see yourselves as - the question becomes why would you become willing to rebrand yourself for this location, you know, if you're brain is something that should be retained and all those processes

and steps to curriculum vent the system makes we one day why they're not willing to have the conversation with the public so why this situation let's have a confidence about it. >> is it true, mr. balding win. ms. thomas >> i'm laura thomas i'm in support of scott wiener's proposal i've lived here for 26 years and much of that i'll lived and protested and handed out flyers for the castro neighborhood it's important to me that he that includes where and how we allow formula retail into that neighborhood. conditional use process is a relatively open and transparent one that allows us who care

about the care of the neighborhood an opportunity to weigh in and this particular effort to rename and merely rename a pharmacy is finding a loophole that shouldn't exist in our formula retail and i'll love to see that all changed so that formula retail can't simply rename themselves but in the meantime, i'll supportive of anything that will allow us to use the conditional use process to have the conversation even though i've lived in the castro many years and district then r 10 that's an important neighborhood and community to me and i would hope we'll be able to have the same interaction and community computing input into formula retail thank you very

much >> thank you very much. ma'am, >> good afternoon, supervisors prima facia. i'm anngraphy the executive director for the castro upper market community district i'm here to show our support for the interim controls they're here to maintain the 13wrib9 of san francisco's formula retail legislation without closing those loopholes and addressing this immediately what can happen large formula retail organizations can move into different neighborhoods and simply call themselves whatever we want to mcdonald can move into hate valencia with a new hamburger place called hamburger technical it's not formula retail despite the fact that all the lawyers and everything else is mcdonald's this one little

place is the has a valley boutique it creates a mockery of san francisco's formula retail legislation by allowing this kind of thing to happen. i'd like to call your attention that the people representing the aids health care foundation are indeed representing the name and occupation u foundation not calling themselves as a member for the workers of the pharmacies so the appeals hearing when it was determined they were doing a conditional use but really a formula retail they said how can we get around this we don't want to go through the process for whatever reason and so they decided to change their name for this one little

location and only the one castro pharmacies >> thank you. >> good evening supervisors i'm pat i'm president of the triangle neighborhood association per we've been very pro-active with the planning department on formula retail guidelines and concentration index in our own neighborhood. we see the opening of formula retail loopholes as a great danger to not only our neighborhood but to the city. we all were involved if the fight of jack spade that drug through a number of city agencies and took a lot of neighborhood advocacy time to

fight this loophole that vufblg we won and they left town. we want to see those loopholes closed and at this point where the planning department and commission are looking at redefining formula retail and what inturdz mean and how at the play into this is important this particular issue in the castro needs to be addressed now so that we don't have more of those types of businesses popping up and san francisco becomes the place if you want to open up formula retail all you have to do is call it something else thank you >> thank you, ms. beach nelson. >> good afternoon, supervisors i'm allen i'm the president of

the castro valley association it's the oldest continuously operating operation established in 1978 we represent over 5 hundred members. i actually thought i was coming to talk about scott's protections but this is more about their project instead of interim controls for 18 months while the planning department goes through the reevaluation of the formula retail. to change my preserve so it's not an hiv related organization we represent business owners so the idea this is political opposition is not factual it's about process. how much outreach did the aids health care foundation do in

hate valley zero not one e-mail or phone call we've delivered over 35 hundred newsletters did they feel they needed to reach out to us no aid health care foundation has avoided the community input we're not against it we're voted by 72 percent of our membership that's coming before the planning commission this is about changing the name of the organization which mind they post if their window still says aids health care foundation they all talk about it but it's aids health care it's formula retail they tried to change their name i gain the system so they could open up another pharmacy in the neighborhood that's not right they might have enjoyed the same level of ownership

>> thank you very much is there any public comment on item one. seeing none, public comment is closed. colleagues could i have a motion to forward item one to the full board with positive representation as a committee report >> so moved. >> we'll take that without objection.. thank you >> madam clerk call item 2. item 2 a hearing on a transbay project >> before i turn it over to supervisor cohen i want to note we have an overflow room in the main chambers room 12 hundred i don't know if we need it but if people are having a problem finding a place to sit they, go there. >> thank you, colleagues and folks that have turned out. this project came to my

attention over a year ago when mta was in the process of finalized this prong it is based on the development for mission bay. since that time i think we ail agree there is a significant amount of completion. several residents have raised concerns and share their concerns and the mta they raised their concerns to the mta to myself it doesn't take into account the amount of growth in the area i think we're missing an opportunity to provide better services to the dog patch neighborhood and compliment the proposed developments into the area. our goal is a hearing from a the mta and what current plans that are proposed for the project as well as i'd like to give the

neighboring neighbors an opportunity to voice their concerns publicly and they have developed some alternative suggestions and i'd like to give them an opportunity to make sure we're providing the needed transportation to the south eastern neighborhoods and insuring we're providing the transportation in an equal and efficient way so the order is going to go from edward reiskin the director of the mta we'll hear a short 10 minute presentation from (calling names) and then we'll close in. so without further ado, mr. edward reiskin thank you

>> good afternoon chairperson weaning and supervisor cohen and supervisor kim members of the public i'm edward reiskin the director of the transportation with the sfmta i have a presentation and then will look forward to hearing from the public. i'll walk through and start; right right where supervisor cohen did as well that's the birthing and the genesis and the purpose of the project and walk through the timeline and other things that were we're looking at or have looked at. so i think supervisor cohen made the point very well that there are a lot of growth coming to the city and concentrated on the northeast part of the city and also the southeast those charts

are maps that were generated by the planning department for the baby boomer land use and transportation plan adapted by the region you can see graphically i realize the writing is small but interest is significant growth in the northeast part of the city. and then you zoom in look at to bayview in particular this is the plan you can see a consideringable amount of growth that is happening and some planned we added in the proposed warriors arena that is recently been add but a pretty dense upper neighborhood that has been planned for mission bay for a

long time we have to have the transportation necessary in the city i the existing needs of the city. so then specifically with regard to what we're referring to asia the transbay loop. the purchase is to construct a transit loop for the t third light rail that goes between 19 and third illinois. it's to serve the emerging job centers in the area that we spoke about not only the job centers but the residents and the entertainment uses in the area. this loop location has always been pardon of the t third service plan including the center subway under construction it provides a short line that b

will enable us to increase the trekcy more so in the areas that have the highest decent to serve the t line properly as well. so negligence of history. there is a lot of history associated with the history that dates back 20 years when the four corridors transit plan was developed in 1995 that's what gave genesis is to the program to the van ness bus rapid transit projecting program but it was there that the third rail had it's beginning in 1998 the toolbox third project was approved and that approval included did mission bay loop so 1998 in anticipation of this development that this loop was

approved. and in the sgrirm numerous different ways public vesting of this project. and obviously, the t third got split into 3 phase between a community advisory group and other groups up and down the corridor the process that went on but again to reiterate this was part of the original design of the 10 east third and the operation of the t line. so this is a little bit more detail kind of fast forwarding to the last few years i'm sorry the type is small the points the t third first phase was in 2007. the there was a