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Record of Proceedings

Land Use and Transportation Committee Meeting – February 6, 2023: Shared Spaces Program Grace Period Extension

Land Use and Transportation CommitteeMonday, February 6, 2023
BodySan Francisco, California
SessionLand Use and Transportation Committee
DateMonday, February 6, 2023
StatusFILED
Video Record

STREAMING COPY IN PREPARATION — RECORDING AVAILABLE FROM THE ORIGINAL SOURCE

Transcript — Verbatim
0:14

Good afternoon.

0:16

This meeting will come to order.

0:18

Welcome to the February 6th, 2023 regular meeting of the Land Use and Transportation Committee of the San Francisco Board of Supervisors.

0:25

I'm Supervisor Mirna Melgar, chair of the committee, joined by Vice Chair Supervisor Dean Preston and Board President Aaron Peskin.

0:33

The committee clerk today is Erica Major.

0:36

I would also like to acknowledge Matthew Ignao and Jaime Echeverie at SFCAP TV for staffing this meeting.

0:43

Madam Clerk, do you have any announcements?

0:46

Yes, the Board of Supervisors and its committees are now convening hybrid meetings that allow in-person attendance and public comment while still providing remote access and public comment via telephone.

0:56

The board recognizes that equitable public access is essential and will be taking public comment as follows.

1:02

First, public comment will be taken on each item on this agenda.

1:05

Those attending in person will be allowed to speak first, and then we will move on to a remote call-in line.

1:10

For those watching either Channel 26, 28, 78 or 99 and SFGov TV, the public call-in number is streaming across the screen.

1:20

The number to call in is 415 65501.

1:24

Again, that number is 415-65501.

1:29

And then you enter the meeting ID 2482 7030600, then press pound and pound again.

1:37

When connected, you will hear the meeting discussions, but you will be muted and in listening mode only.

1:42

When the item when your item of interest comes up and public comment is called, those joining us in person will line up to your right near the curtains.

1:50

And those on the telephone should dial star three to be added to the queue.

1:54

If you're on your telephone, please remember to turn down your television and all listening devices you may be using.

2:00

As already indicated, we'll be taking public comment from those attending in person first, and then we will go to our public call in line.

2:07

Alternatively, you may submit written comments to myself, the land use and transportation clerk.

2:12

My email address is ERICA, period M A J O R at Sf G O V dot org.

2:21

And if you submit public comment via email, it will be forwarded to the supervisors and also made part of the official file.

2:28

You may also send your written comments via U.S.

2:31

Postal Service to our office at City Hall.

2:33

The address is one Dr.

2:34

Carlton B.

2:35

Goodlit, please.

2:36

Room 244, San Francisco, California, 94102.

2:41

Finally, items acted upon today are expected to appear on the Board of Supervisors Agenda of February 14th unless otherwise stated.

2:48

And Madam Chair.

2:50

Thank you very much, Madam Clerk.

2:52

Please call item number one.

2:54

Item number one is an ordinance amending the administrative code to extend the grace period for an additional 120 days for permit applications to operate under pandemic shared spaces permits, including any just add music approvals related to these spaces and to convert the shared space use into a post-pandemic permit and affirming appropriate findings.

3:16

Members of the public who wish to provide public comment on this item should call the number 415-655-0001.

3:23

The meeting ID is 2482-7030600.

3:27

Then press pound and pound again.

3:29

And if you have not done so already and you would like to speak, you just need to press star three, and the system will indicate that you have raised your hand.

3:36

Madam Chair.

3:37

Thank you very much.

3:38

Uh Madam Clerk.

3:39

So we have uh Robin Abad here from the planning department who has a presentation.

3:44

Uh we also have Monica Munowich, uh, who's uh up from the MTA, and we have uh assistant fire marshal uh Chad Law here with us as well uh for questions.

3:55

So uh welcome, Mr.

3:57

Bunn.

3:58

Thank you, Chair Melgar, uh Supervisors uh Peskin and Preston.

4:02

Happy New Year.

4:03

Um we're also joined on the phone by uh Michael Lennon and Gregory Slocum from uh the Department of Public Works, and we have a few slides to just illustrate the um outcomes of the proposed ordinance.

4:18

We'll also give just a little bit of statistics as to where the program is currently in light of this upcoming transition that we're all moving through, as well as some additional resources and grants that are available to shared spaces, pandemic operators.

4:31

As a reminder, shared spaces take place in the principally in the outdoors in the public realm.

4:35

We are transitioning what were private lot permits formerly and in uh private lots and on vacant lots to out of the shared spaces program and into the planning department's temporary use and conditional use authorizations permits.

4:50

Um we recently had an administrative deadline for pandemic permittees to submit an application for a post-pandemic permit due to the incredible outreach and public engagement work at Annie Yaelon, our communications and uh public education manager have done.

5:05

We saw the vast majority of pandemic permittees submit their intention with an application to operate past the pandemic.

5:12

There were about 350 or so that we have yet to hear from, and so we are redoubling our efforts to reach those folks through phone banking and other activities to first verify if they intend to operate after the pandemic and of course provide the support needed to get them to submit an application before the anticipated ultimate deadline of March 31.

5:34

Uh with the complex volume of cases, we are um we have seen a sort of plateau and in staffing levels, and we're working to um increase capacity in certain divisions to ensure that we can process all of these applications.

5:47

Um the reality of our constrained capacity, especially given new programs uh you know that we that the departments have been given to administer, um, is part of the rationale um behind uh introducing uh uh an extended grace period for this program.

6:06

So just to recap, without the ordinance, what the emergency declarations as well as current legislation uh do is uh provide a 60-day wind down period after the expiration of the pandemic program.

6:18

Supervisors, you might remember that you legislated an end to the pandemic program last year that will be coming up this uh end of March 2023.

6:28

So 60 days thereafter, without the ordinance, um, the city and operators um have that brief period to make all of the necessary accessibility and safety fixes, have their final site inspections, acquire a permit.

6:41

What the ordinance does is extend a grace period beyond that 160 or that 60 days to 180 days, allowing for departments to provide the necessary care and support and guidance to operators, um, and of course for those operators to implement their fixes.

Discussion Breakdown — Share of Meeting
Public Engagement█████████████████████████████████████████████55%
Public Works███████████████████23%
Procedural█████████████16%
Public Comment█████6%
Summary of Proceedings

Land Use and Transportation Committee Meeting – February 6, 2023: Shared Spaces Program Grace Period Extension

On February 6, 2023, the Land Use and Transportation Committee of the San Francisco Board of Supervisors, chaired by Supervisor Mirna Melgar and joined by Vice Chair Dean Preston and Board President Aaron Peskin, held a hybrid meeting. The sole substantive agenda item was an ordinance (File No. 230025) to amend the Administrative Code to extend the grace period for pandemic shared spaces permits by an additional 120 days (resulting in a total 180-day grace period) and to facilitate conversion to post-pandemic permits. Staff from the Planning Department (Robin Abad), the San Francisco Municipal Transportation Agency (Monica Munowich), and the Fire Department (Assistant Fire Marshal Chad Law) presented.

Public Comments & Testimony

  • Lori Thomas, Executive Director of the Greater Downtown Restaurant Association and a parklet operator, expressed full support for the proposed extension and the collaborative approach with city departments, emphasizing the need to help operators transition to post-pandemic permits.

Discussion Items

  • Grace Period Mechanics: President Peskin sought clarification on whether the 120-day extension in the ordinance, combined with an existing 60-day wind-down, totals 180 days. City staff confirmed the cumulative effect is 180 days. A potential drafting error regarding underlined language was noted and referred to the Deputy City Attorney for correction.
  • Abandoned or Neglected Parklets: President Peskin expressed concern about parklets that are abandoned or not diligently maintained during the extended grace period. He indicated plans to introduce amendments at a future hearing to allow enforcement actions (e.g., notices of violation, removal) despite the grace period, and to address situations where property owners cannot be located to grant consent for parklets.
  • Application Status and Outreach: Supervisor Preston noted that in his district, only 75 of 206 operators had applied for the post-pandemic program, and citywide about 350 operators had not yet submitted applications. He asked about targeted outreach to those who have not responded, and staff committed to partnering with his office and providing updated numbers.
  • Curb Management and Enforcement: Chair Melgar raised concerns about safety and congestion where parklets conflict with transit, loading zones, and emergency access, citing examples on Irving Street and Valencia Street. Monica Munowich described the city’s curb management strategy, which includes block-by-block assessments to determine parklet placement, relocation, or removal. Communication with businesses has been ongoing for months.
  • Transition of Parklet Ownership: Chair Melgar asked about a scenario where a business leaving a parklet could easily transfer the permit to an incoming business. Staff indicated that Department of Public Works facilitates such transfers, and encouraged applications before the March 31 deadline.

Key Outcomes

  • Motion to Forward with Positive Recommendation: The committee voted 3-0 (Melgar, Preston, Peskin) to send the ordinance (without amendments) to the full Board of Supervisors with a positive recommendation.
  • Motion to Continue Duplicated File for Amendments: The committee also voted 3-0 to duplicate the file and continue it to the call of the chair, pending amendments from President Peskin regarding enforcement against abandoned parklets and property owner consent procedures. The meeting adjourned after these motions.

Meeting Transcript

Good afternoon. This meeting will come to order. Welcome to the February 6th, 2023 regular meeting of the Land Use and Transportation Committee of the San Francisco Board of Supervisors. I'm Supervisor Mirna Melgar, chair of the committee, joined by Vice Chair Supervisor Dean Preston and Board President Aaron Peskin. The committee clerk today is Erica Major. I would also like to acknowledge Matthew Ignao and Jaime Echeverie at SFCAP TV for staffing this meeting. Madam Clerk, do you have any announcements? Yes, the Board of Supervisors and its committees are now convening hybrid meetings that allow in-person attendance and public comment while still providing remote access and public comment via telephone. The board recognizes that equitable public access is essential and will be taking public comment as follows. First, public comment will be taken on each item on this agenda. Those attending in person will be allowed to speak first, and then we will move on to a remote call-in line. For those watching either Channel 26, 28, 78 or 99 and SFGov TV, the public call-in number is streaming across the screen. The number to call in is 415 65501. Again, that number is 415-65501. And then you enter the meeting ID 2482 7030600, then press pound and pound again. When connected, you will hear the meeting discussions, but you will be muted and in listening mode only. When the item when your item of interest comes up and public comment is called, those joining us in person will line up to your right near the curtains. And those on the telephone should dial star three to be added to the queue. If you're on your telephone, please remember to turn down your television and all listening devices you may be using. As already indicated, we'll be taking public comment from those attending in person first, and then we will go to our public call in line. Alternatively, you may submit written comments to myself, the land use and transportation clerk. My email address is ERICA, period M A J O R at Sf G O V dot org. And if you submit public comment via email, it will be forwarded to the supervisors and also made part of the official file. You may also send your written comments via U.S. Postal Service to our office at City Hall. The address is one Dr. Carlton B. Goodlit, please. Room 244, San Francisco, California, 94102. Finally, items acted upon today are expected to appear on the Board of Supervisors Agenda of February 14th unless otherwise stated. And Madam Chair. Thank you very much, Madam Clerk. Please call item number one. Item number one is an ordinance amending the administrative code to extend the grace period for an additional 120 days for permit applications to operate under pandemic shared spaces permits, including any just add music approvals related to these spaces and to convert the shared space use into a post-pandemic permit and affirming appropriate findings. Members of the public who wish to provide public comment on this item should call the number 415-655-0001. The meeting ID is 2482-7030600. Then press pound and pound again. And if you have not done so already and you would like to speak, you just need to press star three, and the system will indicate that you have raised your hand. Madam Chair. Thank you very much. Uh Madam Clerk. So we have uh Robin Abad here from the planning department who has a presentation. Uh we also have Monica Munowich, uh, who's uh up from the MTA, and we have uh assistant fire marshal uh Chad Law here with us as well uh for questions. So uh welcome, Mr. Bunn. Thank you, Chair Melgar, uh Supervisors uh Peskin and Preston. Happy New Year. Um we're also joined on the phone by uh Michael Lennon and Gregory Slocum from uh the Department of Public Works, and we have a few slides to just illustrate the um outcomes of the proposed ordinance. We'll also give just a little bit of statistics as to where the program is currently in light of this upcoming transition that we're all moving through, as well as some additional resources and grants that are available to shared spaces, pandemic operators. As a reminder, shared spaces take place in the principally in the outdoors in the public realm.

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