San Francisco Land Use and Transportation Committee Meeting - July 10, 2023
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San Francisco Land Use and Transportation Committee Regular Meeting - July 10, 2023
The Land Use and Transportation Committee of the San Francisco Board of Supervisors met on July 10, 2023, chaired by Supervisor Myrna Melgar, along with Vice Chair Dean Preston and Board President Aaron Peskin (standing in for Supervisor Melgar due to her chair role). The Committee Clerk was Erica Major. The meeting covered eight agenda items, including updates to the Port Waterfront Plan, a major housing development at 98 Franklin Street, building permit streamlining, and a new Family Housing Opportunity Special Use District ("Domicity") for the West Side.
Public Comments & Testimony
- On Item 1 (Park Code), a speaker expressed confusion about the park code application and ramp slopes at parks; another speaker, David Pilpel, supported the continuance.
- On Items 2-4 (Port Waterfront Plan), a caller raised concerns about Navy contamination, unmitigated ammonia spills, coal tar, and sea level rise at Pier 70 and the waterfront.
- On Item 5 (98 Franklin Street), callers from the Housing Action Coalition and a community member (Shirley Thaum Box) spoke in support, citing community ties of Related California CEO Bill Witt.
- On Item 6 (Polk/Haight NCD), Chris Shulman from the Lower Polk CBD supported the ordinance; a speaker expressed concern about discrimination against Middle Eastern tobacco shop owners.
- On Item 7 (Site Permit Streamlining), numerous builders, architects, and trades representatives spoke in support, describing years-long delays (e.g., two-year average wait for a building permit, six-year project timeline). Some requested further reforms such as third-party review. A building trade union representative supported the legislation as an important step.
- On Item 8 (Family Housing SUD), extensive public comment (both support and opposition) included: Eric Brooks (Our City SF) opposed the legislation, citing lack of outreach and risk of speculative investment; Lori Lederman (Sunset resident) expressed concerns about condo conversions, removal of demolition controls, and elimination of notifications; Dennis Moscovi questioned the need given vacancies; Sally Tobin (West Side) warned of economic bias from shortened input periods; Teresa Flanders (North Beach Tenants Committee) worried about condo conversions displacing tenants; George Clothing (friend of architect Eugene Liu) suggested longer occupancy requirements and stronger CEQA notices; Tanya Rendell (Louis Harrison Foundation) called for 100% affordable housing and protested removal of notices; Howard Waugh (SF Tomorrow) urged robust public process; Robert Falkman supported the legislation to meet state housing goals; others requested more time to review amendments.
Discussion Items
Item 1: Park Code - Authorization for Recreation and Park Commission (Continued)
- Supervisor Melgar moved to continue this item to the call of the chair due to outstanding questions from the community (e.g., relationship between Hummingbird Farm and RPD). The motion passed unanimously (3-0).
Items 2-4: Port Waterfront Plan Update (Zoning Map, General Plan, Planning Code Amendments)
- Matt Snyder (Planning) presented the three ordinances: updates to the Northeastern and Central Waterfront Area Plans and the Recreation and Open Space Element; amendments to Planning Code Section 240 (waterfront special use districts) creating a new SUD #4 for southern waterfront properties; and a zoning map correction for a parcel at Mission Rock to correct an inadvertent rezoning. The amendments include administrative cleanups and removal of a conditional use requirement for unscreened uses.
- No questions from committee. Public comment: one caller raised environmental concerns about past Navy use and sea level rise. The committee voted to approve all three items with a positive recommendation (3-0), after confirming an amendment to the EIR addendum recitals.
Item 5: 98 Franklin Street / Van Ness & Market Residential SUD
- Supervisor Preston, the sponsor, described the package as a "quadruple win" that would unstick the 98 Franklin Street project (38-story mixed-use with a new high school and 385 units), enable a land dedication for 100% affordable housing at 600 McAllister Street (up to 196 units, increased from 168 at a previous site), and jumpstart affordable housing at Parcel K in Hayes Valley.
- Christy Alexander (Planning) summarized the project: 400-foot tower, five-story podium for the French American International High School, ground-floor retail, 385 units (275 studio/one-bedroom, 72 two-bedroom, 38 three-bedroom). Inclusionary obligation to be met via land dedication for at least 135 affordable units. Planning Commission unanimously recommended approval.
- Public comments: Jake Price (Housing Action Coalition) and Shirley Thaum Box (community member) supported.
- Motion to send to full board with positive recommendation passed unanimously (3-0).
Item 6: Polk Street and Haight Street Neighborhood Commercial District Amendments
- President Peskin introduced: permits health services on ground floor in specified Polk Street NCD areas (to fill vacancies), and makes permanent tobacco paraphernalia restrictions in both Polk and Haight NCDs (previously set to expire). Supervisor Preston added himself as co-sponsor and noted future separate legislation for other neighborhoods.
- Public comment: Chris Shulman (Lower Polk CBD) supported; one speaker expressed concern about discrimination against Middle Eastern tobacco sellers.
- Motion to send as a committee report for hearing on July 11 passed unanimously (3-0).
Item 7: Building Code - Streamlining Site Permit Review
- Supervisor Safai presented: the ordinance would define and limit the scope of site permit review to what is in the code (to prevent scope creep), require simultaneous interdepartmental review, and codify requirements. He noted the Building Inspection Commission (BIC) recommended approval with modifications, including requiring concurrent review with planning entitlements, removing the codified list of site permit contents (since DBI already achieved its intent via director's memo), adding fire department access, and incorporating slope protection. Chair Melgar offered a friendly amendment to apply simultaneous review only to electronically submitted applications (currently 70% of site permits).
- DBI's Carl Nacita requested a one-week continuance to address the amendments and BIC's concerns.
- Public comments: Overwhelmingly supportive from builders, architects, and trade unions (e.g., Gary G. Architects, Sean Keegan, Cyrus Sanadet, Rudy Gonzalez of Building Trades Council) citing extreme delays (e.g., 21 months for site permit, two-year wait for building permits). Some advocated for further reforms.
- The committee adopted the amendments by supervisor Safai (slope protection) and Melgar (electronic submissions), then continued the item for one week (to July 17) by unanimous vote (3-0).
Item 8: Family Housing Opportunity Special Use District (Domicity)
- Supervisor Melgar presented: this legislation creates a new SUD for RH1 zones in high-resource neighborhoods (per HCD opportunity map), allowing up to four units on a single lot or up to 12 units on merged lots, with a minimum of two- and three-bedroom units. It includes tenant protections (five-year look-back for no-fault evictions and buyouts, deed restrictions for rent control on new units, conditional use for two-unit buildings). Read multiple amendments: density exceptions (up to 1 unit per 1,000 sq ft), unit mix requirements, tenant displacement protections (mirroring SB 330), and clerical clarifications. She also agreed to an amendment from Supervisor Mandelman to respect the existing Central Neighborhood SUD (monster home controls).
- Supervisor Engardio proposed additional amendments for corner lot projects: up to 65 feet height, 25% rear yard (min 15 ft), 100 sq ft private or 133 sq ft common open space, no group housing, and no rear yard units. These would be added to a duplicate file that would be re-referred to the Planning Commission.
- President Peskin offered amendments to protect Article 10 historic districts and National Register properties from demolition under the ordinance.
- Supervisor Preston noted that while he supports increasing density, the legislation primarily creates market-rate units and should not be conflated with affordable housing production; he urged continued focus on truly affordable housing.
- Public comment: mixed; many speakers appreciated the anti-displacement amendments but expressed concern about reduced public notification, environmental review waivers, potential for speculation, and lack of community outreach. Some requested more time (longer than one week).
- The committee adopted the amendments by Melgar and Peskin, then continued the original file to next week (July 17) by unanimous vote. The committee also created a duplicate file incorporating Engardio's corner lot amendments and Melgar's lot merger language (to prevent through-lots from street to street), and continued that duplicate to the call of the chair with a planned re-referral to the Planning Commission. Both motions passed unanimously.
Key Outcomes
- Item 1: Continued to call of chair (3-0).
- Items 2-4 (Port Waterfront Plan): Approved with positive recommendation to full board (3-0).
- Item 5 (98 Franklin Street): Approved with positive recommendation to full board (3-0).
- Item 6 (Polk/Haight NCD): Approved as a committee report for July 11 (3-0).
- Item 7 (Site Permit Streamlining): Amended to include slope protection and electronic submission provisions, then continued one week to July 17 (3-0).
- Item 8 (Family Housing SUD): Original file amended with Melgar and Peskin amendments and continued one week to July 17 (3-0). Duplicate file created with Engardio and Melgar corner lot/lot merger amendments and continued to call of chair for re-referral to the Planning Commission (3-0).
Meeting Transcript
You're unmuted. Okay, good afternoon, everyone. This meeting will come to order. Welcome to the June 10th, 2023 regular meeting of the Land Use and Transportation Committee of the San Francisco Board of Supervisors. I'm Supervisor Myrna Melgar, chair of the committee, joined by Vice Chair Supervisor Dean Preston, and Board of Supervisors President Aaron Paskin. The committee clerk today is Erica Major. Madam Clerk, do you have any announcements? Yes, thank you. 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 take will be taken on each item on this agenda. Those attending in person will be allowed to speak first, and then we will move on to a remote call-in line. 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 the 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 on down your television and all listening devices you may be using. You may also submit written comments to myself, the land use and transportation clerk. My email address is ERICA dot M A J O R at SFGO V dot org. You may also send written comments via U.S. Postal Service to our office at City Hall. The address is one Dr. Carlton Vegli Place, room 244, San Francisco, California, 94102. Finally, items acted upon today are expected to appear on the Board of Supervisors' agenda of July 18th, unless otherwise stated. Madam Chair. Thank you very much. Uh Madam Clerk. Please call item number one. Item number one is an ordinance amending the park code to authorize the recreation and park commission to cause the park code to apply to specif to specified properties. It has authorized the recreation and park department to lease or operate for recreational purposes. Members of the public who wish to provide public comment should press star three now, and you'll hear the system indicate that you have raised your hand in confirmation. Madam Chair. Thank you very much. Uh Madam Clerk. Colleagues, this item was continued from our previous meeting as there are a number of questions still outstanding. If we have any additional questions, but I will be making a motion to continue this item to the call of the chair to allow us more time for this conversation. After the past meeting, uh when you know this was on the agenda, uh I my office was contacted by uh there, the people organizing to demand environmental rights. And uh they uh have a program uh at Hummingburg Hummingbird Farm at McLaren Park. Uh and they had a lot of questions about the relationship uh with Rack and Park Department, which would be new for them right now. Their relationship is with the PUC in the ensuing, you know, fees that would be paid, um, as well as other organizations. You know, they're there's still a lot of questions about what this would mean, and I would like to give the department and the public some time to figure out what the answers are to the questions that we asked them at last time, um, and anybody in the public. So if that's okay, uh, I am making that motion. And um let's go to public comment first. Thank you, madam chair. Are there any members of the public who would like to speak for item number one? Please approach the podium and line up to your right. Those online, now's your time to press star three to join the queue. You have two minutes. Please begin. Thank you. Thank you, committee. Uh appreciate it.
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