San Francisco Land Use Committee Meeting - March 20, 2023: ADUs, PSH Evictions, Tenant Protections, and More
STREAMING COPY IN PREPARATION — RECORDING AVAILABLE FROM THE ORIGINAL SOURCE
San Francisco Land Use Committee Meeting - March 20, 2023: ADUs, PSH Evictions, Tenant Protections, and More
The San Francisco Board of Supervisors Land Use and Transportation Committee met on March 20, 2023, chaired by Supervisor Mirna Melgar, with Vice Chair Dean Preston and Board President Aaron Peskin. The committee considered nine agenda items, including resolutions condemning Texas anti-immigrant property laws, amendments to ADU regulations, a hearing on evictions in permanent supportive housing, extensions of COVID-19 tenant protections, property conveyances, wage theft bonds, a commemorative street naming, shared spaces program, and pregnancy discrimination protections. Several items were passed, amended, or continued.
Public Comments & Testimony
Public comment was taken on each item. For Item 4 (Texas SB 147), multiple speakers including Texas State Representative Jean Wu, advocates from Chinese for Affirmative Action, and retired judges expressed strong opposition to the bill, highlighting its racist and unconstitutional nature. For Item 2 (PSH evictions), numerous tenants and advocates shared personal experiences of eviction, harassment, lack of support, and retaliation, calling for a tenant bill of rights, better oversight, and an end to non-payment evictions. For Item 3 (COVID protections), tenants and housing rights organizations urged a 60-day wind-down period to allow rent relief funds to be distributed. For Item 7 (commemorative street naming), one business owner expressed concern about the name change affecting her business, but it was clarified that the street name remains (only a commemorative addition). Other items had minimal or no public comment.
Discussion Items
Item 4: Resolution Condemning Texas State Senate Bill No. 147 (Kolkhorst) – Supervisor Connie Chan presented the resolution, noting it also condemns related bills SB 552 and 711. She emphasized the racist history of alien land laws and the need for solidarity. Amendments to include the additional bills were moved by President Peskin. The item was passed as amended with a positive recommendation to the full board.
Item 1: Planning Code – State-Mandated ADU Controls – The committee discussed amendments to conform to recent state law changes (height increase from 16 to 18 feet, allowing two ADUs in detached structures for multifamily buildings, rent control implications). City staff recommended focusing on existing 2020 state changes first. The committee decided to duplicate the file, amend one version with the 18-foot change, and continue the duplicate to the call of the chair.
Item 2: Hearing – Evictions in Permanent Supportive Housing (PSH) Project-Based Sites – Supervisor Preston convened this hearing to examine eviction causes and prevention. Presentations were given by Emily Cohen (HSH) on data showing a 1.29% eviction rate in 2022 (142 evictions out of nearly 11,000 households), enhanced services investments, and partnerships with DPH. Dara Papo (DPH) described the FACS program (mobile health teams) and site-based nursing. Provider representatives Lauren Hall and Tremesia Garner discussed challenges including non-payment of rent (noting $875,900 in arrears at Tenderloin Housing Clinic from Sept 2022-Mar 2023), violence, cluttering, and the need for a continuum of housing. Tenant Cheryl Shanks shared experiences of unsafe conditions, harassment, and fear of eviction. Discussion highlighted the lack of coordinated rehousing after eviction, the need for improved data collection (including attorney firm tracking), and the importance of standardized eviction policies. The hearing was continued to the call of the chair.
Item 3: Administrative Code – COVID-19 Tenant Protections (60-day extension) – Supervisor Preston moved to extend eviction protections for 60 days after the local state of emergency ends, to allow time for rent relief funds to be disbursed. The committee duplicated the file and passed the original as a committee report, with the duplicate continued.
Item 5: Conveyance of Real Property – 160 Freelon Street (Affordable Housing) – Robert Baca (MOHCD) presented the land dedication for 85 affordable units, including units for formerly homeless families. The resolution was approved as a committee report to allow the project to apply for $34 million in state funding.
Item 6: Police, Building Codes – Wage Theft Bonds – Supervisor Mandelman introduced a cleanup ordinance to move the trigger for labor compliance bonds from site permit issuance to the first construction document, to reduce costs. The item was passed with positive recommendation.
Item 7: Commemorative Street Name – “Randall Kline Alley” – President Peskin proposed adding a commemorative designation to the 200 block of Linden Street honoring Randall Klein, founder of SF Jazz. Public comment included support from SF Jazz CEO and a business owner's concern. The item was passed to the full board.
Item 8: Administrative Code – Shared Spaces Program Extension – The committee adopted amendments regarding consent and abandonment provisions, but due to substantive amendments, the item was rescinded and continued to the April 3, 2023 meeting for further discussion.
Item 9: Police Code – Prohibiting Pregnancy Discrimination in Housing – Supervisor Melgar requested continuation to the call of the chair while amendments are finalized with the Human Rights Commission. The item was continued.
Key Outcomes
- Item 4: Passed as amended (3-0) to the full board with positive recommendation.
- Item 1: Duplicated file; original sent forward (3-0), duplicate amended (16’ to 18’) and continued to call of chair (3-0).
- Item 2: Hearing continued to the call of the chair (3-0).
- Item 3: Original passed as committee report (3-0); duplicate continued to call of chair (3-0).
- Item 5: Approved as committee report (3-0).
- Item 6: Passed to full board with positive recommendation (3-0).
- Item 7: Passed to full board with positive recommendation (3-0).
- Item 8: Vote rescinded; item continued to April 3, 2023 meeting (3-0).
- Item 9: Continued to call of chair (2-0, with one absence).
Meeting Transcript
Good afternoon, everyone. Uh this meeting will come to order. Welcome to the March 20th 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 of Supervisors President Aaron Pethkin. The committee clerk today is Erica Major, and I would also like to acknowledge Jason Golhammer 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 move to a remote call in line. For those watching either Channel 26, 287899 or sfgovtv.org, the public call-in number is streaming across the screen. The number to call in today is 415 65501. Again, that number is 415 65501. And then you enter the meeting ID 24820572196 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 us in person should line up to their right near the curtains. 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 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.major at SFGOV.org. And if you submit public comment via email, it will be forwarded to the supervisors and made part of the official file. You may also send your send your written comments to 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 April 3rd Board of Supervisors Agenda, unless otherwise stated. Madam Chair, and also just to note we have Representative Jean Wu on the line. Thank you so much, Madam Clerk. I would like to welcome uh District 1 supervisor Connie Chan to the Land Use and Transportation Committee. And Madam Clerk, I will be calling item number four out of order to accommodate her schedule. So if you could uh call that, please, and then we'll turn it over to uh Supervisor Chan. Item number four is a resolution condemning Texas State Bill 147 introduced by Texas State Senator Lois Colkhurst that prohibits immigrants from owning Texas real estate. Members of the public who wish to provide public comment should call the number 415 65501. The meeting ID today is 24820572196, and then press pound to pound again. And if you have not done so already and would like to speak on this item, you just need to press star three. Madam Chair. Thank you, Madam Clerk. Uh welcome, Supervisor Tan. Thank you, Chair Malgar. I'm I'm so appreciative that uh for you to uh hear this resolution and understand the urgent uh manner of this uh the the sense of urgency of this bill. Um Texas state bill uh Senate Bill 147 is dangerous and racist attempt to reinstate alien landlord land laws where which were ruled unconstitutional by the U.S. Supreme Court in 1952. Alien land laws were enacted in several states during the late 1800s and early 1900s, including California and Texas, aim at limiting the presence and permanence of Chinese and many other immigrants. Alien land laws prevented Asian immigrants from owning property and aquacultural land. And now in 2023, decades later, we're facing this very much same discrimination, same unconstitutional attempt by Texas. Uh and this is as now known as SB 147. It would prevent immigrants coming from China, Iran, North Korea, or Russia, Russia, from owning real property. Uh, the even though this bill now has introduced an amendment to allow these immigrants to purchase residential property.
openpublica.com