San Francisco Land Use and Transportation Committee Meeting - March 13, 2023
STREAMING COPY IN PREPARATION — RECORDING AVAILABLE FROM THE ORIGINAL SOURCE
San Francisco Land Use and Transportation Committee Meeting - March 13, 2023
The Land Use and Transportation Committee of the San Francisco Board of Supervisors met on March 13, 2023, with Chair Supervisor Myrna Melgar, Vice Chair Dean Preston, and Board President Aaron Peskin. The committee took public input on one accessory dwelling unit item, then continued the remaining agenda items without substantive discussion.
Public Comments & Testimony
- On Item 1, James Price of the Housing Action Coalition voiced support, saying ADUs are a valuable and essential tool to address the housing shortage and that the proposal brings San Francisco into compliance with successful state ADU law.
- No public comment was offered on Items 2, 3, or 4; no remote callers were in the queue.
Item 1: State-Mandated Accessory Dwelling Unit Controls
- Planning Department staff presented an ordinance to bring local ADU rules into consistency with state law. The proposal covered two state-mandated ADU categories: state program ADUs and hybrid ADUs. State program ADUs can be approved with more flexibility, including detached units no greater than 16 feet tall with four-foot side and rear setbacks. Hybrid ADUs currently still must meet local planning code requirements except for density rules.
- The ordinance would add a junior ADU option allowing conversion of up to 500 square feet within an existing or proposed single family home, with an efficiency kitchen, and requiring either the junior ADU or the primary unit to be owner-occupied.
- Changes would also limit the 30-day tenant notice requirement to single-family homes where an actual tenant is present. Staff said impact fees would be waived for state-mandated ADUs smaller than 750 square feet and reduced for those 750 square feet or larger.
- Staff explained that the amendment would allow one detached rear-yard ADU under the local program, matching state-law size and setback limits, so the City can still impose rent control on local program ADUs.
- Planning Department staff Natalia Fossi reported that about 85% of ADUs built to date were approved through the local program and are subject to rent control and that the remainder used the state program. Supervisor Peskin also confirmed with Deputy City Attorney Peter Miljenich that rent control can be required through a local ADU program but not through the state-mandated program.
- The committee adopted the amendments and voted unanimously to continue Item 1 to the March 20 hearing.
Items 2 and 3: HOME-SF
- Item 2 would allow projects under the Home-SF program to subject units to the local rent ordinance’s limits, and Item 3 would exclude Article 11 historic districts from the HOME-SF program. No substantive discussion occurred. The committee agreed they were not yet ready and should remain together with Item 4.
Item 4: Neighborhood Commercial and Mixed Use Zoning Districts
- This item would update and reorganize neighborhood commercial and mixed use zoning controls, including: permitting arts, job training, social service, and entertainment uses; allowing nighttime entertainment on certain properties; and requiring larger developments in South of Market mixed use districts, among other components.
- The committee noted that Item 4 had earlier recirculated proceedings with Items 2 and 3 after state legislation further complicated the package. The chair continued all three items to the call of the chair pending further planning staff analysis.
Key Outcomes
- Item 1: Motion made in Committee to adopt the ADU amendments and continue the item to March 20; the motion passed 3–0.
- Items 2, 3, and 4: Motion passed unanimously 3–0 to continue all three items to the call of the chair until pronto staff has prepared in a satisfactory manner.
Meeting Transcript
Good afternoon, everyone. The meeting will come to order. Oh, there it is. The meeting will come to order. Welcome to the March 13th 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. And I would also like to acknowledge Matthew Gnao and uh Haime Echevery at SFGov 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. 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 Channel 26, 28, 78, 99, or SFGov TV, the public call in number is streaming across the screen. The number is 415 65501. Again, that number is 415 65501. And then you enter the meeting ID to 484 574 6970, and 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 comes up and public comment is called, those joining in person should line up to their speech to their right, and those on the telephone line should press 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. As already indicated, you uh we will be taking public comment from those attending in person first, and then we will go to a remote call in line. Alternatively, you may submit public comment to myself, the land user and transportation clerk. My email address is erica.m 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 US postal service at 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 21st unless otherwise stated. Madam Chair. Thank you very much, Madam Clerk. Um let's go to item number one, please. Item number one is an ordinance amending the planning code to clarify the ministerial approval process for certain accessory uh dwelling units, meeting certain requirements in single family and multifamily buildings and affirming appropriate findings. Members of the public who would like to speak on item num for item number one should call 415 65501. The meeting ID today is 2484-574-6970, then press pound and pound again. And if you have not done so already, please press star three to speak. Madam Chair. Thank you, Madam Clerk. Uh, we have Veronica Flores here from the planning department, and I understand you also have some uh amendments to the legislation. If you could read those into the record, I'd appreciate it. Sure, thank you. Um Veronica Flores, Planning Department staff, SFGov TV. Can I get the slides, please? Thank you. So the ordinance in front of you today relates to clarifications to the ministerial review process for ADUs. These are all requirements mandated under state law, and we're looking to bring our local code into consistency with state amendments. Just to emphasize, we are already implementing such changes, and so this is really just to catch up to what's already permitted under state law. Under the state law, there are now two state-mandated ADU buckets. So first the state program and the hybrid program. Under the state ADUs, these program would be allowed within existing or proposed single family homes or multifamily dwellings.
openpublica.com