OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Land Use and Transportation Committee Regular Meeting - April 24, 2023

Land Use and Transportation CommitteeMonday, April 24, 2023
BodySan Francisco, California
SessionLand Use and Transportation Committee
DateMonday, April 24, 2023
StatusFILED
Video Record

STREAMING COPY IN PREPARATION — RECORDING AVAILABLE FROM THE ORIGINAL SOURCE

Transcript — Verbatim
0:00

Good afternoon.

0:01

Oh no, that I thought.

0:12

Yeah.

0:13

Okay, good afternoon.

0:14

This meeting will come to order.

0:16

Welcome to the April 24th, 2023 regular meeting of the Land Use and Transportation Committee of the San Francisco Board of Supervisors.

0:24

I'm Supervisor Mirna Melgar, Chair of the Committee, joined by Vice Chair, Supervisor Dean Preston and Board of Supervisors President Aaron Peskin.

0:33

The committee clerk today is Erica Major.

0:36

And I would also like to acknowledge Jeanette Engelauf and James Kawana at SFGov TV for staffing this meeting.

0:43

Madam Clerk, do you have any announcements?

0:45

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.

0:56

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

0:59

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

1:05

The public comment call in number is streaming across the screen.

1:08

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

1:13

When your item of interest uh comes up in public comment is called, those joining in person should line up to their right, and those on the telephone line should press star three to be added to the queue.

1:23

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

1:29

Alternatively, you can submit written comment to me, the land use and transportation clerk.

1:35

My email address is ERICA dot MAJOR at SFGOV.org.

1:42

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

1:44

Postal Service to our office at City Hall.

1:48

The address is one Dr.

1:49

Carlton B.

1:50

Goodlit Place.

1:51

Room 244, San Francisco, California, 94102.

1:56

Finally, items acted upon today are expected to appear on the Board of Supervisors' agenda of May 2nd, unless otherwise stated.

2:03

Madam Chair.

2:05

Thank you, Madam Clerk.

2:07

Please call items one and two together.

2:09

Item number one is an ordinance amending the planning code to exclude designated historic districts under Article 10 of the planning code from the provisions of the home ownership means equity.

2:20

Uh San Francisco Home SF program and affirming appropriate findings.

2:24

Item number two is an ordinance amending the planning code to allow projects under housing opportunities mean equity, otherwise known as Home SF to agree to subject new dwelling units to the rent increase limitations of the rent ordinance and affirming appropriate findings.

2:39

Members of the public who would like to speak on this item that are listening online, you just need to press star three now.

2:45

And the system will indicate you have raised your hand in confirmation.

2:48

Madam Chair?

2:50

Thank you so much.

2:51

Uh Supervisor Peskin, did you have any remarks about this item?

2:55

I think we're about to hear some proposed amendments for item number two, which I believe will be deemed to be substantive by the city attorney, which will necessitate a continuance and insofar as items one and two have been traveling together for some time and are both related to home SF.

3:15

After we take the amendments to item two after public comment, I would suggest that we continue both of these items to our next meeting and have them travel together.

3:25

Okay, thank you very much, President Peskin.

3:27

I I see Madison Tam here from Supervisor Dorsey's office.

3:30

Did you want to talk about the amendments or somebody from Plany?

3:38

So yeah, I can speak a little bit to the amendments.

3:41

Uh do you want me to talk about the item a little more?

3:43

Should we just keep kicking that down and saving it for next week?

3:47

I think that we've heard a lot about this item.

3:49

If you could just talk about the amendment, that'd be great.

3:52

Okay, great.

3:53

So uh the planning staff report had a number of recommendations.

3:57

Uh the ones that um the sponsor's office has chosen to accept are as follows, and everyone has a hard copy, and they've also been circulated over email.

4:06

And those amendments are to eliminate the exemption from parking requirements since parking minimums no longer are in the code.

4:14

Make the minimum uh BMR unit sizes for studios consistent across home SF and inclusionary housing requirements, revise the common open space reduction to 10%, add a zoning modification to allow reduced requirements for private open space, amend um the legislation to allow for projects of less than 10 units to participate in home SF by subjecting the entire building to rent control and to um amend the administrative code to require leases for the new home SF rent controlled units to disclose that the unit is subject to the rent increase limitations of the rent ordinance.

4:47

I think that's all.

4:48

Thank you very much, Ms.

4:49

Tam.

4:49

Any uh questions or comments, colleagues?

4:53

Okay, with that, let's take public comment on this item, Madam Clerk.

4:57

Thank you, Madam Chair.

4:58

Are there any members of the public who would like to speak on item number one?

5:01

I'm sorry.

Discussion Breakdown — Share of Meeting
Affordable Housing█████████████████████████████29%
Public Comment████████████████████20%
Environmental Justice████████████████16%
Building Inspection██████6%
Community Engagement█████5%
Procedural████4%
Land Use████4%
Charter Amendments████4%
Public Safety████4%
Summary of Proceedings

Land Use and Transportation Committee Regular Meeting - April 24, 2023

The Land Use and Transportation Committee of the San Francisco Board of Supervisors met on April 24, 2023, chaired by Supervisor Mirna Melgar, with Vice Chair Dean Preston and Board President Aaron Peskin. The committee considered eight items, including HOME-SF amendments, a hotel rezoning, delegation of affordable housing lease amendments, facade inspections, environmental justice framework, Castro Theatre landmark designation, and a study of Midtown Park Apartments. Multiple items were continued to future meetings due to substantive amendments or the need for additional information.

Public Comments & Testimony

Items 1 & 2 (HOME-SF): No public comments were offered.

Item 3 (Hotel Rezoning): No public comments.

Item 4 (Delegation of Lease Amendment Authority):

  • David Pilpel opposed delegation, arguing Charter Section 9.118 powers cannot be delegated and that the board should retain authority.
  • Yelena Bulbasain (Mercy Housing) supported delegation, citing the need to address unpaid rent and rising costs post-COVID.

Item 5 (Facade Inspections): No public comments on the item (only regarding the continuance).

Item 6 (Environmental Justice Framework):

  • Karen Pierce (former DPH EJ director, Bayview resident) supported adoption, emphasizing community-led process and the importance of lived experience.
  • Julie Lindo applauded the plan and urged funding for a climate bond.
  • Antonio Diaz (PODER) supported adoption and commitment to continued engagement.
  • Maggie Dog (Chinatown Community Development Center) supported, noting the value of local data.
  • Chester Williams (Community Living Campaign) supported adoption and requested continuation of phases 2 and 3.

Item 7 (Castro Theatre Landmark Designation):

  • Steven Torres (Castro LGBTQ Cultural District) requested a two-week continuance to allow further negotiations.
  • Gerard Koskevich supported the amended landmark designation, arguing it respects LGBTQ heritage.
  • Ralph Hibbs opposed fixing the orchestra seating, citing ventilation concerns.
  • Jared Goldfine raised concerns about protocol regarding last week's meeting.
  • Several callers supported the fixed seating as essential for historic integrity and film screenings; others argued for flexibility to modernize.

Item 8 (Midtown Park Apartments LAFCO Study):

  • Alan Buradell urged that language should focus on ownership, not just management.

Discussion Items

Items 1 & 2 – HOME-SF Amendments: Supervisor Peskin introduced amendments to Item 2 (including eliminating parking exemptions, revising unit sizes, etc.). After public comment, the committee voted to amend Item 2 as presented and continued both items to the next meeting. The Historic Preservation Commission and Planning Commission had recommended approval with modifications.

Item 3 – Rezoning for Hotel Use (RM-2 to allow up to 47 tourist hotel rooms): The proposal was part of a litigation settlement requiring payments to support the Veterans Academy permanent supportive housing program. Planning Commission approved on March 23. The committee voted to recommend approval to the full board.

Item 4 – Delegation of Authority to Amend Leases for 100% Affordable Housing: MOHCD presented a proposal to streamline amendments to ground leases and loan agreements to align with current residual receipts policy. Supervisors Peskin and Preston expressed concerns about delegation of charter authority, transparency, potential politicization, and lack of oversight at the affordable housing loan committee. Supervisor Melgar echoed concerns about precedent. The committee voted to continue the item to May 1, requesting information on how many projects were originally from redevelopment and an analysis of the full universe of applicable leases.

Item 5 – Facade Inspections for Tall Buildings: Supervisor Peskin explained the history of window failures in downtown buildings, noting that seven buildings lost windows in March 2023. The legislation would require post-1998 buildings over 15 stories to submit inspection reports by November 1 (later suggested December). DBI supported the concept but recommended timeline adjustments and an independent study. The committee continued the item one week.

Item 6 – Environmental Justice Framework and General Plan Update: Planning staff presented the EJ Framework, including a community-developed map identifying areas facing the top 30% of environmental and health burdens. The framework covers six topics (healthy environments, physical activity, food access, housing, green jobs, empowered neighborhoods). Supervisors discussed implementation and integration into city decision-making. The committee voted to recommend adoption to the full board.

Item 7 – Castro Theatre Landmark Designation Amendment: The ordinance would expand the landmark designation to include interior features and capture full historical significance. Supervisor Preston suggested a two-week continuance to allow further negotiations between stakeholders. The committee voted to continue to May 9, 2023.

Item 8 – LAFCO Study for Midtown Park Apartments: Supervisor Preston introduced a motion requesting LAFCO to study future management/ownership options and conduct a resident engagement process. The committee adopted non-substantive amendments (changing from motion to resolution) and recommended approval to the full board.

Key Outcomes

  • Items 1 & 2: Continued to May 1, 2023 (after amendment of Item 2).
  • Item 3: Recommended approval to full board.
  • Item 4: Continued to May 1, 2023, with requests for additional data.
  • Item 5: Continued to May 1, 2023.
  • Item 6: Recommended adoption to full board.
  • Item 7: Continued to May 9, 2023.
  • Item 8: Recommended approval (as amended) to full board.

Meeting Transcript

Good afternoon. Oh no, that I thought. Yeah. Okay, good afternoon. This meeting will come to order. Welcome to the April 24th, 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 of Supervisors President Aaron Peskin. The committee clerk today is Erica Major. And I would also like to acknowledge Jeanette Engelauf and James Kawana 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. 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 on the remote call-in line. The public comment 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 uh comes up in public comment is called, those joining in person should line up 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 you may be using. Alternatively, you can submit written comment to me, the land use and transportation clerk. My email address is ERICA dot MAJOR at SFGOV.org. You may also send written comments via use 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 May 2nd, unless otherwise stated. Madam Chair. Thank you, Madam Clerk. Please call items one and two together. Item number one is an ordinance amending the planning code to exclude designated historic districts under Article 10 of the planning code from the provisions of the home ownership means equity. Uh San Francisco Home SF program and affirming appropriate findings. Item number two is an ordinance amending the planning code to allow projects under housing opportunities mean equity, otherwise known as Home SF to agree to subject new dwelling units to the rent increase limitations of the rent ordinance and affirming appropriate findings. Members of the public who would like to speak on this item that are listening online, you just need to press star three now. And the system will indicate you have raised your hand in confirmation. Madam Chair? Thank you so much. Uh Supervisor Peskin, did you have any remarks about this item? I think we're about to hear some proposed amendments for item number two, which I believe will be deemed to be substantive by the city attorney, which will necessitate a continuance and insofar as items one and two have been traveling together for some time and are both related to home SF. After we take the amendments to item two after public comment, I would suggest that we continue both of these items to our next meeting and have them travel together. Okay, thank you very much, President Peskin. I I see Madison Tam here from Supervisor Dorsey's office. Did you want to talk about the amendments or somebody from Plany? So yeah, I can speak a little bit to the amendments. Uh do you want me to talk about the item a little more? Should we just keep kicking that down and saving it for next week? I think that we've heard a lot about this item. If you could just talk about the amendment, that'd be great. Okay, great. So uh the planning staff report had a number of recommendations. Uh the ones that um the sponsor's office has chosen to accept are as follows, and everyone has a hard copy, and they've also been circulated over email.

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