>> good afternoon and welcome to the meeting of the land use and

transport committee meeting for today, monday, march 30, 2020. and it is a special meeting. i am the chair of the committee, supervisor aaron peskin. joined by vice chair supervisor safai and supervisor dean preston. and the clerk is miss erica major. miss major, do you have announcements? >> clerk: yes, please due to the covid-19 health emergency and to protect board members and the city employees and the public, the board of supervisors legislative chamber and committee room are closed. however, members will be participating in the meeting remotely. and precaution is taken pursuant to the state-wide stay at home order and all preceding and proceeding local, state and federal orders, declarations and orders. members will be by

teleconference or telephone if the video fails and participate in the meetings to the extent as if they were physically present. public comment is available on each item of this agenda. channel 26 and sfgovtv.org are streaming the number at the top of the screen. each speaker will be allowed two minutes to speak. comments or opportunities to use -- to speak during the comment period are available via phone call by calling 888-204 888-204-5984. again, that number is 888-204-5984. the access code is 3501008. again, the access code is 3501008. when connected, wait until the public comment is opened and dial to speak.

and they are to call from a quiet location and speak clearly and slowly and turn down your television or radio. alternatively, you may submit public comment in either of the following ways -- email myself, the land use and transport committee clerk at my email and it will be forwarded to the board of supervisors. and it will be included as part of the official file. finally, items acted upon today will appear on the board of supervisor agenda on april 7, 2020, unless otherwise stated. >> supervisor peskin: thank you, miss major and i thank the clerk of the board of supervisors and her incredible staff during this period. in addition to clerk calvillo and our committee clerk, miss major, i'd like to thank john see and john carroll and prent halipa, and john carroll, i

think that i said john carroll. thank you for your incredible behinbehind-the-scenes effort te this and other meetings possible as our participatoriy democracy survives during the coronavirus time. and with that, madam clerk, please call the first item. >> clerk: item 1 is an order to submit the planning code to create the intermediate occupancy residential use characteristic with the administrative code for enforceability and to prohibit rental units for temporary occupancies and the controller to analyze the impact and appropriate findings. >> supervisor peskin: thank you, miss major. colleagues this was continued from the meeting which occurred a few weeks ago right before the shelter in place order was issued by the mayor. and it is my intention to

continue this item to the call of the chair. but before we do that we need to take public comment. so, madam clerk, please work whatever magic you need to work to allow the members of the public to comment on this item. >> clerk: we are checking to see if there's any callers. operator, let us know if there's any callers ready. >> (indiscernible). >> supervisor peskin: seeing no public comment on item number one, public comment is closed. and colleagues, again, we have a roll call vote on continuing this item to the call of the chair. >> clerk: and continue on the call of the chair. supervisor peskin. >> aye. >> clerk: aye. supervisor safai. safai aye. and supervisor peskin. peskin aye. >> supervisor peskin: this

item is continued to the call of the chair. next item please. >> clerk: two, the building code to extend the time for existing buildings with a place of public accommodations to comply with the requirement to have all primary entries and paths of travel into buildings accessible for persons with disabilities. >> supervisor peskin: this is brought to us by president yee's office to provide flexibility to small businesses and other places of public accommodations, seeking to come into compliance with mandatory accessibility requirements. i spoke with president yee and his chief of staff jim lowe who are actually here at the emergency operations center. they do not have any comments and we are joined by the department of building inspection with mr. bill strong and thomas kessler as well as the office of small business. i thought that we'd start by having a presentation on this

ordinance which was introduced before the coronavirus emergency and recommended by the building inspection commission. with that, mr. strong, would you like to make a presentation to this committee and the public? >> yes. supervisors, thank you very much. bill strong with the department of building inspection. we've asked supervisor yee and members of the committee to consider this extension because as of today's report we have a weekly monitoring report of the accessible business entrance compliance and our compliance category is still running at about 60%. these numbers are actually getting a little better, but the reality is that i think that especially with the public health emergency, property owners are going to need a little more time to come into full compliance.

so the building department having taken a look at this is saying that we should extend this at least until september 1 of this year and possibly consider tying it to the ending of the shelter in place order, with an additional, say, 90 or 120 days after that. but i'm happy to hear any specific questions that the committee has on this. and we just think that in this time this is a stress since most of these properties -- (indiscernible) -- it makes sense to give the owners a little bit more time to comply. >> supervisor peskin: thank you, mr. strong. mr. kessler, anything that you would like to add? >> no, i think that he explained it pretty well. one of the things that we're not doing right now because it's -- these are commercial buildings, they're not considered essential infrastructure under the mayor's

order. so we would not be issuing any permits if the permits were required under this ordinance. we would not be processing them at the present time because they're not considered essential. they're non-essential construction. >> supervisor peskin: understood. so it sounds to me like we'll probably have to continue this or further continue this beyond september, but we will look forward to the advice of the department and your commission as we go forward. are there any questions, colleagues, for the department of building inspection? all right. why don't we move on to the office of small business. >> thank you, supervisor peskin. and committee members. so in your packet you did see that the small business commission endorsed and is

recommending approval for the extension. our office is working very closely with the department of building inspection, working with the small businesses, that are being required by their property owner to meet this compliance. and we do have a grant program that is available for them. this grant money is not general funded so there will not be any issues or concerns about that funding still being there to assist businesses who need to access it to achieve compliance. and i think that the last thing that i just want to keep reiterating is that as a city that prides itself on civil rights that this is an important initiative that we're undertaking to ensure the civil rights of individuals with disabilities are upheld. >> supervisor peskin: thank you. and if businesses want to get in touch with the office of small business about the grants that

you just mentioned, how would they do that? >> they can do that by calling 415-554-6134. or emailing sfose@sfgov.org. >> supervisor peskin: thank you. and maybe we should just further clarify things with d.b.i. which is insofar as you indicated that no building permits for this type of activity are allowed under the emergency order issued by the mayor and concurred to by the board of supervisors during the coronavirus emergency, our permits that were previously issued, can those be acted upon if they were already issued? or are those held in advance during this time as well? >> yes, in general they would be

-- they shouldn't be working on these because they're -- they are considered non-essential or to the mayor's order would extend to issue permits also. unless, you know, of course if they're partially in process, i think they should continue until they're complete. but i would say if we haven't issued a permit and they haven't started the work, they should suspend the work until the emergency order is changed. >> supervisor peskin: thank you. and back to miss dicken-dreesy. is the office doing any proactive outreach to businesses? i realize that is difficult now, but it's still an important question. >> the office of small business is not doing proactive outreach. the way in which this is working

is through the checklist that needs to be submitted. when d.b.i. receives a checklist and it's been identified that a small business is being required by their property owner to complete the building code requirement, d.b.i. puts that business in touch with us. and, of course, we've been working closely with the merchants to make sure that they're informed about the program. and just to reiterate that this is a requirement of the property owner and so if the property owner is not submitting the checklist then there's a particular form that they can state that has to be filled out and submitted with the checklist which is one of the ways in which we're able to identify that a small business is now engaged in meeting this compliance requirement.

>> supervisor peskin: understood. thank you for that. supervisor safai or preston, any questions or comments? >> not at this time. >> nope. >> supervisor peskin: why don't we open this up for public comment. any members of the public that would like to comment on this item, number 2? >> clerk: we're checking to see if there's callers in the queue. operator, please let us know. >> mr. chair, there are no callers wishing to speak. >> supervisor peskin: okay, seeing no public comment on this item. public comment is closed. and colleagues, why don't we send this to the full board with recommendation, if that is acceptable to you. and i did see, madam clerk, in one of the memoranda from the

president and from the clerk of the board, can this item be sent as a committee reporter on just be sent in the normal course of business? >> clerk: in the normal course. >> supervisor peskin: okay. so on the motion to send this item to the full board of supervisors with recommendation, can we have a roll call please. >> clerk: on the motion as stated, supervisor preston. preston, aye. and supervisor safai, safai, aye. supervisor peskin. peskin, aye. you have three ayes. >> supervisor peskin: okay. the motion is approved. next item please. >> clerk: an ordinance amending the planning code to correct typographical errors, update outdated cross-references and make non-substantive revisions to clarify or simplify code language, amending article 4 to move the language regarding timing of fee payment and

amending the code to correct outdated planning code cross-references and affirming the planning. >> supervisor peskin: thank you, miss major. colleagues this is the next up in a long series of planning code clean-ups which has been the life long persui pursuit ofe aaron star at the cit departmenf planning. and we have this as the title indicates these are almost all technical corrections and typographical corrections together with a couple of policy changes or clarifications to article 4 which miss juárez can talk about. >> thank you, supervisor peskin. as miss major outlined, it

amends the planning code to correct typos and to update cross-references and make non-substantive revisions to clarify and simplify the code. it will amend article 4 to move the language regarding timing of payments to the beginning of the article and then cross-reference this with new sub-section into the individual impact fee sections. lastly, proposed ordinance will also add an additional fee waiver based on the replacement of buildings damaged or destroyed by fire or other calamities. the reason behind this is that there's thought to be no new net impact when we're replacing said building or said use. the planning commission heard this item on december 12th, 2019, and recommended that you approve the ordinance with modifications.

>> (indiscernible). >> the first modification is to update planning code references and the administrative, health and police codes. and the second modification is to revise planning codes, section 155 to clarify that commercial thru-way streets to find a better streets plan to also be protected. and the proposed ordinance will improve the quality of the planning code and make it easier for the objective and the goals of the code to be carried out. this concludes staff presentation and i'm available to answer any questions. >> supervisor peskin: miss flores, i assume that the additional modifications suggested by the planning commission are in the second version of the legislation which is the version that is before us, is that correct? >> yes, that is correct. >> supervisor peskin: right. so no amendments are necessary and those have already been

amended in between version one and version two? >> correct. >> supervisor peskin: thank you. colleagues, do you have any questions or comments? >> no. >> no. >> supervisor peskin: seeing none, is there any public comment on item number 3? >> clerk: operator, please to check to see if there's any callers. >> chair, there are no callers wishing to speak. >> supervisor peskin: with that public comment is closed and, again, i will make a motion to send this item to the full board of supervisors with recommendation. and on that motion, madam clerk, a roll call, please. >> clerk: supervisor preston. preston, aye. supervisor safai. safai, aye. supervisor peskin. peskin, aye. we have three ayes. >> supervisor peskin: okay, the motion passes. madam clerk, anymore business

before this committee? >> clerk: there is no further business. >> supervisor peskin: seeing none, we are adjourned. (♪) >> good morning, everyone and thank you all for being here today. my name is london breed, the mayor of san francisco and i'm joined by the president of board of supervisors, norman yee, as well as the department of public health, dr. grantol