San Francisco Land Use and Transportation Committee Meeting – February 13, 2023
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San Francisco Land Use and Transportation Committee Meeting – February 13, 2023
The Land Use and Transportation Committee of the San Francisco Board of Supervisors met on February 13, 2023, chaired by Supervisor Myrna Melgar, with Vice Chair Dean Preston and Board President Aaron Peskin. The committee considered two ordinances: one updating neighborhood commercial and mixed-use zoning controls (File 220340) and another amending the definition of tourist or transient use under the Hotel Conversion Ordinance and establishing an amortization period (File 220815). Public comment was heard on both items. The committee voted to amend and continue the first item to February 27, 2023, and initially voted to amend and send the second item to the full board, but later rescinded that motion and continued it to the same date.
Public Comments & Testimony
- Item 1 (Zoning Controls): James Hewitt, assistant business manager for the International Union of Teachers and Allied Trades, spoke in favor. He stated that the ordinance would make his union hall's use legal, allowing him to proceed with ADA compliance work at 65 Oak Grove Street.
- Item 2 (Hotel Conversion Ordinance): Two speakers opposed the ordinance. Brian O'Neill, attorney for Hotel des Arts and other SRO owners, argued that the ordinance would take away clients' business without compensation, that the amortization period is insufficient, and that the BIC (Board of Appeals) lacks authority to hold quasi-judicial hearings. He requested a continuance due to lack of notice. Ryan Patterson, also representing Hotel des Arts, echoed the request for continuation, stating the amendment changing the file number required new notice. Both speakers submitted written comments.
Discussion Items
- Item 1 – Planning Code Amendments (File 220340): Madison Tam, representing Supervisor Dorsey (sponsor), presented the ordinance as part of the planning department's code reorganization effort since 2014. Aaron Starr of the planning department detailed substantive changes, including: allowing accessory arts activities, liberalizing institutional uses, exempting childcare and residential care facilities from FAR limits, and modifying nighttime entertainment controls along Folsom and 11th Streets. President Peskin raised three concerns: (1) the removal of a long-standing provision restricting adult entertainment within 1,000 feet of another (page 23), (2) the addition of group housing to section 803.8, which could be an upzoning, and (3) moving good-neighbor policies from the planning code to the entertainment commission's policy, which could be changed without board approval. The committee agreed to continue the item to allow further review of these issues. The committee voted to adopt the amendments circulated by Supervisor Dorsey.
- Item 2 – Hotel Conversion Ordinance (File 220815): President Peskin presented the ordinance, which updates Chapter 41 of the Administrative Code following a 2017 lawsuit. He noted that the environmental review (negative declaration) was upheld by the Planning Commission. He proposed a minor amendment to correct a file number reference (striking 190946 and inserting 220815). After public comment, President Peskin made a motion to amend and send the amended file to the full board. The committee voted 3-0 in favor. However, later in the meeting, after a brief recess, President Peskin consulted with the deputy city attorney and moved to rescind sending it to the full board. The committee voted 3-0 to rescind that action. Then President Peskin moved to continue the item to the next meeting on February 27, 2023, which passed 3-0.
Key Outcomes
- Item 1 – Zoning Controls: The committee voted unanimously (3-0) to adopt the amendments circulated by Supervisor Dorsey and to continue the item to the February 27, 2023 Land Use and Transportation Committee meeting.
- Item 2 – Hotel Conversion Ordinance: The committee voted unanimously (3-0) to amend the ordinance (correcting the file number) and initially send it to the full board. Subsequently, the committee voted unanimously (3-0) to rescind that motion and instead continue the amended ordinance to the February 27, 2023 meeting. No final action was taken.
Both items are expected to appear on the Board of Supervisors' agenda of February 27, 2023, unless otherwise stated.
Meeting Transcript
Good afternoon. The meeting will come to order. Welcome to the February 13th, 2023 regular meeting of the Land Use and Transportation Committee of the San Francisco Board of Supervisors. I am Supervisor Myrna Melgar, chair of the committee, joined by Vice Chair, Supervisor Dean Preston, and Board President Aaron Paskin. The committee clerk today is Erica Major. And I would also like to acknowledge Jason Goldhammer and James Kawana at SFGov TV for staffing this meeting. Madam Clerk, do you have any announcements? Yes, thank you, Madam Chair. The Board of Supervisors and its committees are now convening hybrid meetings that allow in-person attendance and public comment while still providing public access 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 first will be allowed to speak. Then we will move to a remote call in line. For those watching either Channel 26, 28, 78, 99, and SFC gov TV. The public call in number is streaming across the screen. The number is 415 65501. Again, that number is 415 65501. Then you enter the meeting ID 2482-258-4704, 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 your item of interest of interest comes up and public comment is called, those joining in person shouldn't light up to the to your right near the curtains. And those on the telephone line should press star three to uh join the remote call in 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 will be taking public comment from those attending in person first, and then we will go to our remote call in line. You can also submit uh written public comments to myself, the land use and transportation clerk at ERICA. MAJOR at SFGOV.org. And if you submit public comment via email, it will be forwarded to the supervisors and made a part of this uh official file. You may also send your written comments to us at City Hall. Our address is one Dr. Carlton B. Goodlit Place, the room 244, San Francisco, California, 94102. Finally, items acted upon today are expected to appear on the Board of Supervisors' agenda of February 27th, unless otherwise stated. Madam Chair. Thank you so much, Madam Clerk. Just to add to Madam Clerk's announcement, masking is still highly recommended, though not required throughout this building. If you're in the chambers, please continue to be respectful to those around you and provide adequate spacing if you're seated or speaking. Madam Clerk, please call item number one. Item number one is an ordinance amending the planning code to update and reorganize neighborhood commercial and mixed use zoning district controls, including among other things, permit accessory arts activities and production, wholesaling and processing of goods and commodities. Principally permit arts activities, job training, public facility and social service and philanthropic facility uses, and affirming appropriate findings. Members of the public who wish to provide public comment on this item should call 415 65501. The meeting ID today is 2482-258-4704, then press pound and pound again. And if you would like to speak and have not done so already, you just need to press star three. Madam Chair. Thank you so much, Madam Clerk. We have Madison Tam here, uh representing Supervisor Dorsey, who is a sponsor of this legislation, and we also have um Aaron Starr here from Planning. Um I understand you have some amendments that uh Yes. Uh so uh good afternoon, Chair Melgar, President Peskin, Supervisor Preston. I'm really excited to be here today to speak about this ordinance. It's 211 pages. It was sitting on my desk maybe within two days of me starting here nine months ago. So this has been quite a journey.
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