Land Use and Transportation Committee Meeting – December 11, 2023: Fleet Charging, Mural Landmarks, Housing Production, ADUs, Public Art, and PDR Conversions
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Land Use and Transportation Committee Meeting – December 11, 2023
The Land Use and Transportation Committee of the San Francisco Board of Supervisors met on Monday, December 11, 2023, at 9:45 AM. Chair Myrna Melgar presided, joined by Board President Aaron Peskin and Vice Chair Dean Preston. The committee heard nine agenda items, including ordinances on fleet charging, mural landmarking, housing production, accessory dwelling units, public art for affordable housing, and conversion limits in Eastern Neighborhoods. Several items were approved and sent to the full board, while others were continued to January 22, 2024.
Public Comments & Testimony
- Item 1 (Fleet Charging): Mark Leeson and Peter Ziblat (Teamsters Joint Council 7) spoke in support, stating the ordinance clarifies that fleet charging stations cannot host parcel delivery activities without separate planning approval, protecting workers and ensuring proper land use.
- Items 2-3 (Mural Landmarks): Multiple speakers including artists Daniel Galvez, Rodrigo Duran (Carnaval SF), Eric Arguello (Calle 24 Latino Cultural District), Roberto Hernandez, Martina Ayala (Mission Cultural Center), and Arturo Carrillo (HealthRight 360) expressed strong support for landmarking the Chata Gutierrez and Carnaval murals, citing cultural and historical significance, community identity, and the need to preserve Latino heritage in the Mission District.
- Item 5 (Housing Production): Peter Papadopoulos (Mission Economic Development Agency) expressed concern that the legislation’s density bonus provisions violate the Housing Element’s commitments to prevent displacement and urged HCD to work with the city for compliance.
- Item 8 (Public Art for Affordable Housing): Anne Cervantes (San Francisco Latino Historical Society) recommended the committee not move forward until questions about compliance with state public art protections are answered, and urged including local artists in procurement. Sharm Shariati, a resident at 1400 Mission, spoke in favor, describing the burden of a graffiti-covered mural on a BMR building and the inability to afford maintenance. Charlie Shamus (Council of Community Housing Organizations) supported the “look back” provisions for existing art but opposed the “look forward” elimination of art requirements for new projects, proposing alternative funding instead.
- Item 9 (PDR Conversions): Lamer Bamin Touan (Swords to Plowshares) spoke in support, stating the amendment would allow the nonprofit to operate a veterans community center without incurring over $300,000 in conditional use fees, freeing resources for services. A general comment from Mr. Phil urged the committee to think critically and avoid conflicts of interest.
Consent Calendar
No consent calendar was designated. All items received individual discussion.
Discussion Items
Item 1 – Fleet Charging Locations and Parcel Delivery Service (File 230704)
Supervisor Chan introduced the ordinance prohibiting parcel delivery sorting, unloading, and reloading at fleet charging stations. Planning staff confirmed the Planning Commission unanimously approved it on November 16 with a minor amendment. The committee voted unanimously (3-0) to adopt the amendments and send the item to the full board for the December 12 meeting. Chair Melgar added herself as a co-sponsor.
Items 2-3 – Landmark Designations for Chata Gutierrez Mural (File 231033) and Carnaval Mural (File 231034)
Ana Herrera (Supervisor Ronen’s office) and Pilar LaValley (Planning) presented. The Historic Preservation Commission unanimously recommended landmarking on September 18. Both murals meet Article 10 criteria. Supervisor Peskin noted he has danced in Carnaval for years and supports the designations. The committee voted unanimously (3-0) to add co-sponsors (Peskin, Preston) and send as a committee report to the December 12 board meeting.
Item 4 – Building, Green Building, Mechanical, and Plumbing Codes – Amending Findings (File 231125)
Carl Nisida (DBI) explained the ordinance makes technical corrections to indexes of findings for the 2022 codes, requested by the California Building Standards Commission. The changes do not alter underlying codes. The Code Advisory Committee and Building Inspection Commission both unanimously recommended approval. No public comment. The committee voted unanimously (3-0) to send to the full board.
Item 5 – Housing Production (File 231258)
Aaron Starr (Planning) presented amendments to replace “building permit” with “planning entitlement” in Section 311 to comply with AB 1114 (post-entitlement permits within 15 days). President Peskin questioned the feasibility of rapid plan checks and the pace of state preemption. Peter Papadopoulos (MEDA) voiced concern about displacement and cultural asset loss. After discussion, the committee voted (3-0) to adopt Starr’s amendments, strip duplicative sections, and continue the item to January 22, 2024, for further refinement.
Item 6 – State-Mandated Accessory Dwelling Unit Controls (File 230310)
Starr and Natalia Fassi (Planning) presented amendments to align local code with AB 2221 and SB 897, including modifications from a recent HCD letter. President Peskin objected to receiving a 57-page amended document during the meeting without prior review, stating he could not responsibly vote. No public comment. The committee voted (3-0) to continue the item to January 22, 2024.
Item 7 – Street Encroachment Permit – 12th Street Plaza (File 230419)
Madison Tam (Supervisor Dorsey’s office) requested adoption of substantive amendments (cleanup language, accepting a sidewalk easement) and a one-week continuance for public works staff availability. No public comment. The committee voted (2-0, Preston absent) to amend and continue to January 22, 2024.
Item 8 – Eliminating Public Art Requirement for 100% Affordable Housing Projects (File 230706)
Tam explained the legislation was split: the original file (duplicate) was amended to remove the forward-looking waiver, focusing only on a process for removing or relocating existing art on 100% affordable housing. Planning staff (Audrey Merlone) summarized the Planning Commission’s recommended modifications (new ZA hearing criteria, minor relocation process, technical corrections). Public comment included support from residents and CCHO, and a caution from Cervantes to protect artists. The committee voted (3-0) to duplicate the file, amend the original with the commission’s modifications, send the amended version as a committee report to the December 12 board meeting, and continue the unamended duplicate to the call of the chair.
Item 9 – Exceptions from Limits on Conversion of PDR, Institutional, Community, and Arts Uses in Eastern Neighborhood Plans (File 230863)
Tam presented legislation to exempt changes among these uses from conditional use and replacement requirements in West Soma, with a new 25,000 square-foot ground floor cap. Planning staff confirmed the commission approved it on October 26 and supported the cap. Public comment from Swords to Plowshares supported. The committee voted (3-0) to adopt the cap amendment and send the ordinance as a committee report to the December 12 board meeting.
Key Outcomes
- Item 1: Amended and sent to full board (Dec. 12) with positive recommendation (3-0).
- Items 2-3: Sent as committee report to full board (Dec. 12) with positive recommendation (3-0).
- Item 4: Sent to full board with positive recommendation (3-0).
- Item 5: Amended and continued to January 22, 2024 (3-0).
- Item 6: Continued to January 22, 2024 (3-0).
- Item 7: Amended and continued to January 22, 2024 (2-0, Preston absent).
- Item 8: Duplicate file amended and sent as committee report to full board (Dec. 12) (3-0); original duplicate continued to call of the chair.
- Item 9: Amended (25,000 sq. ft. cap) and sent as committee report to full board (Dec. 12) (3-0).
The meeting adjourned at approximately 12:30 PM.
Meeting Transcript
Okay, good afternoon, everyone. This meeting will come to order. Welcome to the December 11th, 2023 regular meeting of the land use and transportation committee of the San Francisco Board of Supervisors. I am Supervisor Miranda Melgar, Chair of the Committee, joined by Board of Supervisors, President Aaron Peskin, and Vice Chair Dean Preston. The committee clerk today is John Carroll. And Jason Goldham is our staff person for SFGov TV. Thank you so much, Mr. Goldhammer. Mr. Clerk, do you have any announcements? Yes, thank you, Madam Chair. Please ensure that you silenced your cell phones and other electronic devices you may have brought with you to the board chamber today. If you have any documents to include as part of any of today's files, you should submit them directly to me. You can bring them to the front rail and leave them there. I'll pick them up from there. Public comment will be taken on each item on today's agenda. When your item of interest comes up and public comment is called, please line up to speak along your right hand side of the room. I'm pointing it out with my left hand. Alternatively, you may submit your public comment in writing, and you may do so by writing via email to me, the land use and transportation committee clerk. My email address is J-O-H-N, period C-A-R-R-O-L-L at SFGOV.org. Or you may submit your written comments via U.S. Postal Service to our office in City Hall. That's the clerk's office, room 244, City Hall's address is one, Dr. Carlton B. Goodlick Place, San Francisco, California, 94102. If you submit your public comment in writing, I will forward it to the members of this committee and also include your comments as part of the file upon which you are commenting. And finally, Madam Chair, items acted upon today are expected to appear on the Board of Supervisors agenda of January 9th, 2024, unless otherwise stated. Thank you, Mr. Clerk. Please call item number one. Agenda item number one is an ordinance amending the planning code to prohibit parcel delivery service activities at fleet charging locations and affirming the appropriate findings. Thank you so much. Thank you, Chair Melgar and colleagues. Thank you so much for having this item before you today. And so now it's before you. Part of it is was actually proposed by planning staff. That is the parcel delivery service activity, including unloading, sorting, and or reloading merchandise for deliveries is prohibited as part of a fleet charging use. And so that is to clarify that these types of activities is not allowed, whether as a principal or accessory use at fleet charging station. With this very much the same goal to think about how we can further to, you know, uh further let legislate to protect small business and workers in San Francisco as e commerce continue to expand. I see that we also have planning staff here today and can also answer any questions, but I'm gonna also leave it for the planning to to make a brief presentation. Thank you. Um good afternoon, and thank you, Chair Melgar, Vice Chair Preston, um, President Peskin, and Supervisor Chan. Um I'm here, Jenny DeLumo from the planning department. Just want to reiterate what Supervisor Chan said that the planning commission voted on November 16th of this year to unanimously approve the ordinance with minor amendment, which we thank you, Supervisor Chan, for including in the version before this committee today. And yes, I am available if you have any questions. Thank you so much. Uh just before we go further, I'd like to have a warm welcome to dead six of the scouts. Thanks for being here. Um if there are no questions or comments, colleagues, let's go to public comment on this item. Thank you.
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