San Francisco Board of Supervisors Land Use and Transportation Committee Regular Meeting - November 27, 2023

The Land Use and Transportation Committee, chaired by Supervisor Mirna Melgar and joined by President Aaron Peskin and Vice Chair Dean Preston, held a regular meeting on November 27, 2023, to consider six agenda items related to planning code amendments, coastal program updates, public works permitting, and housing production. The meeting featured extensive public comment, discussions of amendments, and several votes.

Consent Calendar

No items were considered on the consent calendar.

Public Comments & Testimony

• Items 1 & 2 (Irish Cultural Center SUD): Multiple speakers expressed support for the redevelopment, citing the center's cultural importance and community programs. Others opposed the project, raising concerns about procedural irregularities, insufficient public notification, potential environmental impacts on the coastal zone, and a 509-page augmentation document that was allegedly introduced without proper commission review.
• Item 3 (Love Our Neighborhoods): Public comment focused on concerns that planters and other amenities could be used to displace homeless individuals. Some speakers urged the committee to reject hostile architecture.
• Item 4 (Commercial/Retail/Restaurant Uses): One speaker supported the legislation as a way to revive music venues in the Haight-Ashbury. Another expressed confusion over technical abbreviations used in the discussion.
• Item 5 (Housing Production): A wide range of testimony was heard. Supporters urged passage to meet state housing element deadlines, avoid loss of state funding, and increase housing supply for all income levels. Opponents argued the ordinance prioritizes market-rate development over affordable housing, undermines equity goals, weakens tenant protections (including rent-controlled housing), and violates the city's obligation to affirmatively further fair housing.
• Item 6 (HCD Extension Resolution): Supporters described the resolution as a necessary response to HCD’s overly aggressive timeline and lack of focus on affordable housing and equity. Opponents argued the resolution is unproductive theater that signals bad faith to the state and risks decertification of the housing element.

Discussion Items

Items 1 & 2 (Wawona Street and 45th Avenue Cultural Center Special Use District) Supervisor Joel Engardio presented the ordinance to facilitate redevelopment of the Irish Cultural Center at 2700 45th Avenue. The proposed 6-story building would include community facilities, restaurant, bar, theater, aquatic center, and more. Planning staff outlined required Local Coastal Program amendments due to the site’s location in the coastal zone. President Peskin noted that San Francisco has not sought Coastal Commission certification for many citywide ordinances adopted since 1986, and that this project represents a first step toward compliance. Amendments were adopted to add findings about the local coastal program and to adjust the timing of the resolution to align with full board action on December 12, 2023.

Item 3 (Love Our Neighborhoods – Public Works Code Amendments) Chair Melgar described the ordinance as streamlining permits for neighborhood amenities such as little libraries, string lights, planters, and murals. Director Carla Short of Public Works confirmed that tiered permitting (registration for simple projects, streamlined permits for moderate projects, and engineering review for complex ones) would be implemented. Supervisor Preston raised concerns about fees for existing unpermitted string lights; Director Short indicated they would be grandfathered in. Chair Melgar read a series of amendments into the record, including definitions for decorative street lights, sidewalk libraries, and neighborhood string lighting, as well as clarifications on liability and inspection fees. The item was continued to December 4, 2023, as amended.

Item 4 (Citywide Expansion of Commercial, Restaurant, and Retail Uses) Director Katie Tang of the Office of Small Business presented amendments related to limited corner commercial uses, formula retail controls, and priority processing. Supervisor Peskin raised questions about a broad fee waiver in section 406 for changes of use, which appeared to only apply to conversions from PDR to non-PDR; it was agreed to remove that subsection from the main file and place it in a duplicated file for further refinement. After public comment, the committee adopted amendments proposed by both staff and Supervisor Peskin, then duplicated the file and continued it to December 4, 2023, for further work on remaining items.

Item 5 (Housing Production Ordinance) This major item, relating to planning code amendments to encourage housing production, had been the subject of multiple prior hearings. Supervisor Mandelman (present via remote participation) outlined his priorities: protecting rent-controlled housing from streamlined demolition, ensuring notification for interested parties, adding anti-monster home protections, and protecting historic properties from demolition. Planning staff presented amendments that removed carve-outs for the Family Housing Opportunity Special Use District, applied protections for rent-controlled units (no demolition of any rent-controlled units without conditional use authorization), and refined pre-application meeting requirements. President Peskin proposed amendments to align with earlier Supervisor Melgar SUD provisions regarding buyouts, relocation benefits, mailed notice, holding periods, and income limits for Hope SF. Supervisor Preston criticized the administration for initially proposing to streamline demolition of rent-controlled housing, noting that the delay was due to that policy dispute. Public comment was extensive. After debate, the committee adopted amendments from Supervisor Mandelman (historic building language) and from planning staff. The ordinance was then sent without recommendation as a committee report to the full board for its November 28 meeting. A duplicated file was continued to the call of the chair.

Item 6 (Resolution to Request HCD Extension and Revision) President Peskin introduced a resolution directing the city attorney and lobbyist to formally request that the California Department of Housing and Community Development (HCD) extend the housing element implementation deadline and revise its Policy and Practice Review letter to better align with the city’s adopted housing element, including its equity and affordable housing commitments. The resolution also calls for HCD to respect San Francisco’s charter city authority and legislative process. Public comment was divided. The committee adopted amendments (not specified) and continued the item as amended to the next meeting.

Key Outcomes

• Items 1 & 2: Approved amendments and forwarded the ordinance (230505) with a positive recommendation to the full board for December 5, 2023; the resolution (231137) was forwarded with a positive recommendation for December 12, 2023. Both votes were unanimous.
• Item 3: Adopted amendments as read by Chair Melgar; then continued the ordinance as amended to the December 4, 2023 land use committee meeting (unanimous).
• Item 4: Adopted amendments from staff and Supervisor Peskin; duplicated the file and continued the duplicate as amended to December 4, 2023; the original file was forwarded without further action (unanimous).
• Item 5: Adopted two sets of amendments (historic building language and planning staff amendments); sent the twice-amended ordinance as a committee report without recommendation to the full board for November 28, 2023; duplicated file continued to the call of the chair (unanimous).
• Item 6: Adopted amendments and continued the resolution as amended to the next meeting (unanimous).