OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

San Francisco Land Use and Transportation Committee Meeting - March 6, 2023: Code Enforcement Penalties and ADU Controls

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

STREAMING COPY IN PREPARATION — RECORDING AVAILABLE FROM THE ORIGINAL SOURCE

Transcript — Verbatim
0:01

Good afternoon, everyone.

0:03

This meeting will come to order.

0:04

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

0:12

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

0:19

The committee clerk today is Erica Major.

0:22

I would also like to thank Staff at SFC TV for uh helping us with this meeting.

0:27

Madam Clerk, do you have any announcements?

0:30

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.

0:39

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

0:44

Public comment will be taken on each item on this agenda.

0:47

Those attending in person will be allowed to speak first, and then we will take those who are waiting on the telephone line.

0:53

For those watching either Channel 26, 28, 78, 99, and SFgovTV.org, you can see the public call in number streaming across the screen.

1:02

The public call in number is 41565501.

1:08

Again, that number is 415 65501.

1:12

And then you enter the meeting ID 24947510784, then press pound and pound again.

1:20

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

1:24

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

1:31

And those on the telephone line should press star three to be added to the speaker line.

1:35

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

1:41

As indicated, we will be taking public comment from those attending in person first.

1:45

And then we will take public comment via telephone.

1:48

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

1:53

My email address is erica.major at sfgov.org.

2:01

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

2:07

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

2:10

Postal Service to our office at City Hall.

2:12

The address is one Dr.

2:13

Carlton B.

2:14

Goodlit Place, Room 244, San Francisco, California, 94102.

2:20

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

2:28

Madam Chair.

2:29

Thank you, Madam Clerk.

2:30

Please call item number one.

2:32

Item number one is an ordinance amending the planning and building codes to increase fines and penalties for violations of planning and building code provisions.

2:39

Clarify that violations, require the planning commission and historic preservation commission to adopt factors for the zoning administrator to consider.

2:48

Establish penalties for violations and approve appropriate findings.

2:53

Members of the public who wish to provide public comment on this item should call the number 415 65501.

3:00

The meeting ID today is 2494 7510784.

3:05

Then press pound and pound again.

3:10

If you have not done so already and uh you would like to speak, you just need to press star three one second.

3:22

Just wanted to notate the crawl on TV is the incorrect number for the meeting ID.

3:28

The meeting ID number is 2494 7510784.

3:33

And that is all my announcements.

3:36

Madam Chair.

3:37

Okay, thank you very much at Madam Clerk.

3:40

Um this uh item uh colleagues was uh continued, you will remember from the very 27th meeting of the land use and transportation committee.

3:52

Uh we have Anna Irella here from Supervisor Ronan's office who has some further amendments for the legislation.

3:59

We're gonna hear it today, but the intent is to continue it to the March 13th meeting.

4:04

Thank you, Chair Melgar.

4:06

Hello, good morning.

4:07

Um, Anna Herrera on behalf of Supervisor Ronan.

4:11

Um, and I am substituting for my colleague Santiago Lerma, who is a newborn dad unexpectedly, as of this weekend.

4:20

So did my best to study up on this today.

4:25

So today I'm here to present on legislation that has been a long time coming and addresses the most egregious violators of our planning and building codes.

4:36

You've probably heard about one such example in District 9 at 2861 San Bruno Avenue, where a developer who was originally permitted for 10 units, uh, built an additional 20 units, and along the way uh failed to also build adequate fire escapes and created a really terrible and unsafe quagmire of living situation for dozens of tenants and residents in our city.

5:08

So we have a situation where currently, under the current law, the maximum fee develop a developer could be assessed here would be 250 a day, as is currently the case.

5:20

And in this case, uh the San Bruno project, with an addition of 20 illegal units, the developer could potentially have one unit paying the current penalty fees into perpetuity while there's 19 other units to profit off of, meaning there's no incentive right now to comply with the law.

5:39

What the legislation before you will do is uh the following.

5:44

One, raise the maximum daily administrative fine from 250 dollars to 1,000.

5:51

Uh it would also assess a one-time 250,000 dollar fee on any dwelling unit that is demolished or added after three units.

Discussion Breakdown — Share of Meeting
Procedural█████████████████████████████████████████████55%
Planning Commission█████████████████████████31%
Public Comment███████████14%
Summary of Proceedings

San Francisco Land Use and Transportation Committee Meeting - March 6, 2023: Code Enforcement Penalties and ADU Controls

Introductory paragraph: The Land Use and Transportation Committee of the San Francisco Board of Supervisors met on March 6, 2023, chaired by Supervisor Mirna Melgar, with Vice Chair Dean Preston and Board President Aaron Peskin. The committee considered two items: increasing penalties for planning and building code violations and clarifying ministerial approval for state-mandated accessory dwelling units (ADUs). Both items were recommended to the full board after amendments and procedural adjustments.

Public Comments & Testimony

  • On Item 1 (code enforcement penalties): George Sudish expressed support for increasing penalties, which were last set in 2008, and urged the committee to inquire why the Planning Commission has not used its authority to adjust demolition thresholds under Section 317 to preserve existing housing.
  • On Item 2 (ADU controls): Jake Grace on behalf of the Housing Coalition expressed support for the legislation.

Discussion Items

  • Item 1 (File 220878): Planning, Building Codes - Penalties for Code Enforcement Anna Herrera from Supervisor Ronen's office presented legislation to address egregious violations, citing the 2861 San Bruno Avenue case where a developer built 20 additional units beyond the permitted 10 without adequate fire escapes. Current law caps daily fines at $250 per project. The legislation would: (1) raise the maximum daily administrative fine from $250 to $1,000; (2) impose a one-time $250,000 fee for each dwelling unit demolished or added beyond three units; (3) impose a $500,000 fee for historic building demolition or damage; and (4) treat each unit as a separate violation. Planning department staff Audrey Merlone recommended an amendment to require recording of notices of violation (NOVs) on property titles to inform future owners of outstanding penalties. The committee adopted that amendment. After an initial motion to continue was rescinded, the committee voted 3-0 to recommend the ordinance as amended to the full board.
  • Item 2 (File 210585): Planning Code - State-Mandated Accessory Dwelling Unit Controls The mayor's office requested a continuance to March 13, but after planning staff clarified the amendment was non-substantive, the sponsor chose to proceed. The committee voted 3-0 to recommend the ordinance as amended to the full board.

Key Outcomes

  • Adopted amendment for Item 1 to require recording of violation notices on property titles.
  • Item 1 recommended to the full board with a 3-0 vote (supervisors Melgar, Preston, Peskin).
  • Item 2 recommended to the full board with a 3-0 vote.
  • Items are expected to appear on the March 14, 2023 Board of Supervisors agenda.

Meeting Transcript

Good afternoon, everyone. This meeting will come to order. Welcome to the March 6, 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 Paskin. The committee clerk today is Erica Major. I would also like to thank Staff at SFC TV for uh helping us with 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. 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 take those who are waiting on the telephone line. For those watching either Channel 26, 28, 78, 99, and SFgovTV.org, you can see the public call in number streaming across the screen. The public call in number is 41565501. Again, that number is 415 65501. And then you enter the meeting ID 24947510784, then press pound and pound again. When connected, you will hear the meeting discussions, but you will be muted in listening mode only. When your item of interest comes up and public comment is called, those joining in person should line up to their uh right near the curtains. And those on the telephone line should press star three to be added to the speaker line. If your telephone if you're on your telephone, please remember to turn down your television and all listening devices. As indicated, we will be taking public comment from those attending in person first. And then we will take public comment via telephone. Alternatively, you may submit written comments to myself, the land use and transportation clerk. My email address is erica.major at sfgov.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 Place, Room 244, San Francisco, California, 94102. Finally, items acted upon today are expected to appear on the Board of Supervisors Agenda of March 14th, unless otherwise stated. Madam Chair. Thank you, Madam Clerk. Please call item number one. Item number one is an ordinance amending the planning and building codes to increase fines and penalties for violations of planning and building code provisions. Clarify that violations, require the planning commission and historic preservation commission to adopt factors for the zoning administrator to consider. Establish penalties for violations and approve appropriate findings. Members of the public who wish to provide public comment on this item should call the number 415 65501. The meeting ID today is 2494 7510784. Then press pound and pound again. If you have not done so already and uh you would like to speak, you just need to press star three one second. Just wanted to notate the crawl on TV is the incorrect number for the meeting ID. The meeting ID number is 2494 7510784. And that is all my announcements. Madam Chair. Okay, thank you very much at Madam Clerk. Um this uh item uh colleagues was uh continued, you will remember from the very 27th meeting of the land use and transportation committee. Uh we have Anna Irella here from Supervisor Ronan's office who has some further amendments for the legislation. We're gonna hear it today, but the intent is to continue it to the March 13th meeting. Thank you, Chair Melgar. Hello, good morning.

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