San Francisco Land Use Committee Meeting: April 17, 2023
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San Francisco Land Use and Transportation Committee Meeting – April 17, 2023
The Land Use and Transportation Committee of the San Francisco Board of Supervisors met on April 17, 2023, from approximately 1:45 PM to 5:00 PM (actual start/end not specified). The committee, chaired by Supervisor Mirna Melgar and joined by Vice Chair Dean Preston and Board President Aaron Peskin, considered six agenda items. The most contentious item was the landmark designation of the Castro Theater's interior, which drew extensive public comment and resulted in a split vote on an amendment to specify fixed theatrical seating.
Consent Calendar
- No consent calendar was used; all items were considered individually.
Public Comments & Testimony
- Item 1 (Eviction protections): No public comment was offered.
- Items 2 & 3 (Home SF programs): No public comment was offered.
- Item 4 (Planning code reorganization): No public comment was offered.
- Item 5 (Gates and railings for small businesses): No public comment was offered.
- Item 6 (Castro Theater landmark designation): Over 90 speakers testified in person and by phone, with one minute per speaker due to high turnout. The public was deeply divided:
- Supporters of the amendment (fixed seating): Included Castro LGBTQ Cultural District Director Tina Valentina Aguirre, who stated APE had not engaged with her organization; representatives from San Francisco Heritage, Art Deco Society, Castro Theater Conservancy, and many residents. They argued that the phrase "presence of seating" was vague and that fixed theatrical seating configured in a movie palace style is essential to preserve the theater's historic character as a cinema and LGBTQ cultural landmark. Speaker George Koskevich noted that the seating configuration is "intrinsically linked to the place of the Castro Theater in LGBT community building culture." Several speakers cited APE's record at the Fox Theater in Oakland, where they promised films but now show none. A petition with 11,991 signatures supporting seat preservation was mentioned.
- Opponents of the amendment (flexible seating): Included many Castro merchants (over 100 businesses signed a petition), representatives of the Eureka Valley Neighborhood Association, Castro Community Benefit District, and residents. They argued that flexible seating is necessary for economic viability, that the theater has struggled with low attendance (e.g., 17 people for a Lion King sing-along on June 5, 2022), and that APE's $15 million investment will revitalize the neighborhood. Speaker David Goldman noted only 200 of 1,400 seats would be removed. Several speakers emphasized that the theater has been dark for months and that fixed seating would prevent diverse programming, including standing-room events for queer artists. Attorney Andrew Junius submitted a letter from 26 Hartford Street neighbors supporting APE's plan.
Discussion Items
- Item 1: Ordinance extending eviction protections for 60 days (Supervisor Preston): The committee had previously approved amendments at a prior meeting. Supervisor Preston moved to send the amended file to the full board with a positive recommendation. The motion passed unanimously (3-0) after no public comment.
- Items 2 & 3: Home SF program amendments (Supervisor Peskin): Supervisor Peskin requested a one-week continuance to April 24, 2023, citing pending city attorney documentation. The committee voted unanimously (3-0) to continue both items.
- Item 4: Planning code reorganization (from Supervisor Dorsey's office): Presented by Madison Tam. The ordinance updates neighborhood commercial and mixed-use zoning controls, including amendments to align with recently passed nighttime entertainment legislation. Supervisor Peskin's previous questions about adult entertainment buffers were addressed. The committee voted unanimously (3-0) to send it to the full board with a positive recommendation.
- Item 5: Ordinance exempting gates, railings, and grill work from transparency requirements for small businesses (Supervisor Safai): The ordinance reduces transparency requirements from 75% to 20% for non-residential uses, exempts cannabis retail uses, and requires artwork on new gates. It includes a three-year grace period for existing non-conforming gates. The planning department confirmed they will begin working on objective design standards after the mayor signs the legislation. Supervisor Preston expressed support for updating codes that penalize small businesses. The committee voted unanimously (3-0) to send it to the full board as a committee report.
- Item 6: Castro Theater landmark designation amendment (Supervisor Mandelman): Supervisor Mandelman reported that negotiations between APE and the Castro Conservancy failed to reach an agreement. He recommended accepting the Historic Preservation Commission's recommendation without adding
Meeting Transcript
Good afternoon, everyone. This meeting will come to order. Welcome to the April 17th, 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, uh Supervisor Dean Preston and Board President Aaron Peskin. The committee clerk today is Erica Major, and I would also like to acknowledge and thank the staff at SFGov TV for support in 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. 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 our remote call-in line. The public call-in number is streaming across the screen. 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. You may also submit written comment to me, the land use and transportation clerk. My email address is ERICA dot MAJOR at SFGOV.org. You may submit you may also send your written comments via U.S. Postal Service at our office at City Hall. One Dr. Carlton B. Goodlett place, room 244, San Francisco, California, 94102. Finally, items acted upon today are expected to appear on the Board of Supervisors agenda of April 25th, unless otherwise stated. Madam Chair. Thank you very much. Madam Clerk, please call item number one. Item number one is an ordinance uh amending the administrative code to extend by 60 days the restrictions on evicting or imposing late fees on residential tenants who could not pay rent that came due during the COVID-19 emergency. Members of the public who wish to provide public comment should call 415-655-0001. And the meeting ID today is 248000 8768. Then press pound and pound again. And if you have not and would like to speak, you just need to press star three. Madam Chair. Thank you very much, Madam Clerk. Supervisor Preston, thank you for introducing this legislation. The floor is yours. Thank you, Chair Melgar, and thank you for uh getting this back on the agenda. And uh as you know, at the most recent meeting uh of this committee, we approved amendments on the ordinance to um deal with a drafting issue on the the original version of it and extend uh eviction protections, make sure they were extended to housing that's regulated by the city, such as housing units in MOCD and HSH's portfolio. So these were substantive amendments. Uh so the item was continued to the meeting today. And uh on the amended file, I would like to make a motion to send uh it to the full board with positive recommendation as a committee report after public comment. Thank you very much. Thank you very much. Uh with that, let's go to public comment. Uh oh. Did you have somebody? Okay, let's go to public comment, madam corner. Thank you, madam chair. Are there any other members of the public that would like to speak on item number one? Seeing none, we'll go to our remote call-in line. We have 15 listeners with two in the queue. Let's take the first caller. This is item number one.
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