San Francisco Land Use and Transportation Committee Regular Meeting - December 4, 2023

The Land Use and Transportation Committee, chaired by Supervisor Myrna Melgar with Vice Chair Dean Preston and Member Aaron Peskin, met on December 4, 2023, at 9:45 AM (actual start time in afternoon per transcript). The committee reviewed ten agenda items, including citywide commercial use expansions, neighborhood amenity permits, a landmark designation, housing production legislation, lithium-ion battery fire safety, and a post-storm tree safety hearing. Several items were sent to the full Board of Supervisors as committee reports for consideration on December 5 or 12, 2023.

Consent Calendar

No separate consent calendar was used; all items received individual consideration.

Public Comments & Testimony

• Item 1&2 (Commercial Uses): No public comment.
• Item 3 (Neighborhood Amenities): Two speakers opposed inclusion of private planters in Tier 1 projects, citing concerns about hostile design and enforcement by DPW. The chair noted the legislation is iterative and will address such issues in regulations.
• Item 4 (Gregangelo Museum Landmark): Over 20 speakers, including the founder Greg Angelo and numerous artists, expressed strong support for landmarking, describing the museum as a unique incubator, employment source, and cultural treasure. One speaker praised its economic and neighborhood benefits.
• Item 5 (HCD Resolution): Five speakers from community organizations (People Power Media, Telegraph Hill Dwellers, MEDA, Soma Filipinas) supported the resolution, urging HCD to extend deadlines and focus on affordable housing and equity. They argued the HCD review threatens local control and contradicts the housing element's equity goals.
• Item 6 (12th Street Plaza): No public comment on continuance.
• Item 7 (Panos Place): One speaker (acting head of Corbett Heights Neighbors) supported the designation, highlighting Mr. Kotsuyanis’s volunteer beautification of the stairway gardens.
• Item 8 (Housing Production): Several speakers from Mission District and REP Coalition opposed the streamlining legislation, arguing it would accelerate displacement, violate fair housing commitments, and benefit luxury developers over affordable housing. One speaker (SPUR) supported advancing the legislation, noting that the monster home amendments may need HCD compliance checks.
• Item 9 (Lithium-Ion Batteries): One speaker (condo owner) praised the responsive process and fire department cooperation.
• Item 10 (Tree Safety): Two speakers: Denise Louis asked to prioritize wildfire risk reduction and Glen Canyon Park; Andrew Sullivan (Urban Forestry Council) noted that San Francisco’s tree canopy is declining and funding is insufficient to meet the 2040 goal.

Discussion Items

• Items 1 & 2 – Commercial Use Expansion: Director Katie Tang requested sending Item 1 (230701) to full board as a committee report and continuing Item 2 for later amendments to address operating hours, formula retail, and impact fees. The committee approved both motions (3-0).
• Item 3 – Love Our Neighborhoods (Public Works Code): Supervisor Melgar introduced the legislation to streamline permits for community amenities like planters, benches, and little libraries. DPW Deputy Director Beth Rubenstein noted plans for regulations with clear dimensions, ADA compliance, and enhanced inspections funded by the budget. The committee sent it to full board (3-0).
• Item 4 – Landmark Initiation for Gregangelo Museum: Supervisor Melgar sponsored the resolution to begin landmarking the property at 225 San Leandro Way, emphasizing its artistic and community value. After public testimony, the resolution was sent to full board (3-0), with Supervisor Preston added as co-sponsor.
• Item 5 – HCD Policy and Practice Review Resolution: President Peskin presented a resolution urging HCD to extend deadlines and correct its review to align with San Francisco’s housing element, preserving local control and equitable housing policies. Supervisor Preston added co-sponsor. Sent to full board (3-0).
• Item 6 – 12th Street Plaza Encroachment Permit: Continued to December 12, 2023, per Supervisor Dorsey’s request. (3-0)
• Item 7 – Panos Place Commemorative Street Name: Supervisor Mandelman presented the resolution honoring Panagiotis Kotsuyanis for volunteer stewardship of the Corbin Place stairway gardens. Sent to full board (3-0).
• Item 8 – Housing Production Ordinance (Constraints Reduction): This complex item involved extensive amendments. Supervisor Mandelman proposed changes to address “monster homes” in his district (Corona Heights and Central Neighborhoods SUDs), including a 20% expansion provision. President Peskin offered additional amendments: adding notice requirements, ownership restrictions for rent-controlled units, and buy-out agreement recording. The committee adopted all amendments (3-0). Then they stripped non-amended sections and sent the original to full board without recommendation (3-0). A duplicated file was created to incorporate substantive amendments not yet reviewed by the planning commission (Chinatown SUD notification and objective design standards), and that duplicate was continued to December 12 (3-0).
• Item 9 – Fire Code for Lithium-Ion Batteries: President Peskin introduced the ordinance after a 2022 fatal fire in District 5. Fire Marshal Ken Coughlin detailed fire risks: 58 fires in 2022, one death, and 40+ fires in first 11 months of 2023. The ordinance limits devices per unit, prohibits damaged or reconditioned batteries, and requires a public education campaign. Small amendments corrected fire count numbers. The ordinance was amended and sent to full board (3-0).
• Item 10 – Tree Safety After 2022-2023 Storms: Chair Melgar convened a hearing to assess storm damage and long-term urban forest plans. DPW Director Carla Short reported more than 900 tree/branch failures and 3,000 service requests, with an eight-year pruning cycle. Rec & Parks reported ~650 trees lost in parks, $2.18M in FEMA-eligible costs. SFPUC had 21 failures. Friends of the Urban Forest noted the city’s tree canopy is at 13.7% (half the national average) and lacks sustainable planting funding. UCSF’s Sutro Forest lost 350-400 trees; trails remain closed. Presidio Trust lost 100-200 trees but had a strong reforestation program. The hearing was filed (3-0).

Key Outcomes

• Item 1 (230701): Sent to full Board of Supervisors with positive recommendation as committee report for December 5, 2023. (3-0)
• Item 2 (231221): Continued to call of chair for later amendments. (3-0)
• Item 3 (230768): Sent to full board as committee report for December 5. (3-0)
• Item 4 (231091): Resolution to initiate landmark designation sent to full board for December 5. (3-0)
• Item 5 (231175): Resolution sent to full board for December 5. (3-0)
• Item 6 (230419): Continued to December 12, 2023. (3-0)
• Item 7 (230948): Commemorative street name resolution sent to full board for December 5. (3-0)
• Item 8 (231142): Original ordinance amended (monster home and additional amendments) and sent to full board without recommendation for December 5. Duplicated file with further substantive amendments continued to December 12. (All 3-0)
• Item 9 (231165): Fire code ordinance amended and sent to full board for December 5. (3-0)
• Item 10 (230390): Hearing heard and filed. (3-0)