OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

June 3, 2024 Land Use and Transportation Committee Meeting

Land Use and Transportation CommitteeMonday, June 3, 2024
BodySan Francisco, California
SessionLand Use and Transportation Committee
DateMonday, June 3, 2024
StatusFILED
Video Record

STREAMING COPY IN PREPARATION — RECORDING AVAILABLE FROM THE ORIGINAL SOURCE

Transcript — Verbatim
0:10

Good afternoon, everyone.

0:11

This meeting will come to order.

0:13

Welcome to the June 3rd, 2024 regular meeting of the Land Use and Transportation Committee of the San Francisco Board of Supervisors.

0:21

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

0:30

The committee clerk is Mr.

0:32

John Carroll.

0:34

Today I also like to acknowledge uh Jeanette Engelauf at uh SFGov TV for staffing this meeting.

0:41

Mr.

0:41

Clerk, do you have any announcements?

0:43

Yes, thank you, Madam Chair.

0:44

Please ensure that you silenced your cell phones and other electronic devices you may have brought with you into the chamber today.

0:48

If you have any documents to include as part of the file, you should submit them to me.

0:52

Public comment will be taken on each item on today's agenda when your item of interest comes up and public comment is called.

0:57

Please line up to speak along your right hand side of this room.

1:00

I'm pointing it out with my left hand.

1:02

Alternatively, you may submit your public comment in writing in either of the following ways.

1:05

First, you may email your comments to me at J-O-H-N period C-A-R-R-O-L-L at SFGOV.org.

1:12

Or you may send your written comments by U.S.

1:14

Postal Service to our office in City Hall.

1:16

The address is one Dr.

1:18

Carlton Be Goodlit Place, Room 244, San Francisco, California 94102.

1:23

If you submit public comment in writing, I will forward your comment to the members of this panel and also include your comments as part of the official file upon which you are commenting.

1:31

And items acted upon today are expected to appear on the Board of Supervisors' agenda of June 11th, 2024, unless otherwise stated.

1:40

Thank you, Mr.

1:40

Carroll.

1:41

Please call item number one.

1:43

Agenda item number one is an ordinance amending the planning code to permit liquor stores in the buildings with off-street parking access down Broadwick Street within the Devisadero Street Neighborhood Commercial Transit District.

1:54

Affirming the planning department's determination under CEQA and making public necessity, convenience, and welfare findings under planning code section 302 and findings of consistency with the general plan and the eight priority policies of planning code section 101.1.

2:07

I have a memo from your desk, madam chair, that requests that this item be agendized as a committee report for potential consideration by the Board of Supervisors at tomorrow's meeting, June 4th.

2:18

Thank you, Mr.

2:19

Clerk.

2:19

Supervisor Preston, the floor is yours.

2:22

Thank you, Chair Melgar.

2:24

Uh, and thank you for scheduling the item today.

2:26

Also want to thank uh Veronica Flores and Audrey Merlone from Planning and Deputy City Attorney Rob Kapla for their work on this item.

2:35

Uh the intent of this uh item before you today is to implement the initial planning commission recommendations from back in 2004, a full 20 years ago, uh, to exempt the mixed use project known as Falletti's Plaza from the alcohol restrictions of the nearby Divisadero Alcohol Restricted Use District, the RUD.

3:00

So the RUD places strict limitations on new alcohol establishments, including a prohibition on new liquor stores.

3:08

Um and when the Planning Commission heard this item back in 2004, they actually recommended at that time that the mixed-use development at uh 1275 Fell Street, uh the Falletti's Plaza be exempt from the restrictions of the RUD.

3:24

In retrospect, I think that exemption was a good idea uh back then to uh that would have maintained flexibility of the site, but it was not ultimately adopted into the ordinance that established the RUD at that time.

3:37

This was not an issue for many years because um this uh folks are probably familiar with this site.

3:42

This was a Bank of America right across from that DMV lot right next to Fletties.

3:47

Um really a key corner location was occupied by the bank for many years.

3:53

Uh the Bank of America branch there closed during the pandemic.

3:57

Uh and uh there were no banks uh on in the on the landscape or horizon here that were seeking to take its place.

4:05

And so it's been sitting empty.

4:07

Um and it's really essential uh that there's flexibility at the site to prevent an even longer uh prolonged vacancy there.

4:14

So I want to thank you not just for calendaring this, uh, but also for calendaring it as a committee report.

4:19

There's some urgency because the current restrictions are uh are and have been a major impediment for activating uh this site.

4:26

So we're looking forward to changing the code uh as quickly as possible.

4:30

I want to thank uh Tick Falletti, uh, who is here today and his family from Falletti Foods for their longstanding uh commitment to the neighborhood and for uh flagging this issue for our office.

4:41

I think we are all uh united uh with uh really seeing the last thing that we want is a prolonged vacancy, abutting this beloved community grocery store that has managed to survive through some tough times and through a pandemic.

5:00

Uh so we want to do everything we can to to support uh the overall uh vitality and success of of all the businesses there uh uh at Folletti's grocery store and and the uh the neighboring properties.

5:09

Um want to thank the planning commission for their unanimous support, also the North of Panhandle Neighborhood Association and Divisadero Merchants Association, uh both of which submitted letters of support.

5:19

Uh we have not heard any concerns from community.

5:22

I do have some technical amendments that were recommended by the planning commission.

5:26

Um and those changes uh have been circulated to the committee at page one, lines three through five, and page four, lines nine through thirteen.

5:36

These are just technical amendments the city attorney has confirmed.

5:39

They are non-substantive and will not require uh a continuance.

5:43

Uh thank you.

5:45

Thank you, Supervisor Preston.

Discussion Breakdown — Share of Meeting
Public Comment█████████████████████████████29%
Land Use██████████████████████████26%
Procedural██████████████████18%
Liquor License Transfer██████████████14%
Public Works██████████10%
Community Engagement███3%
Summary of Proceedings

June 3, 2024 Land Use and Transportation Committee Meeting

This regular meeting of the San Francisco Board of Supervisors' Land Use and Transportation Committee convened on June 3, 2024, at 9:45 AM. Chair Mirna Melgar presided, joined by Vice Chair Dean Preston and Member Aaron Peskin. The committee considered three agenda items, including a Divisadero Street liquor store exemption, a Lovejoy's Tea Room parklet waiver, and amendments to the Wawona Street/45th Avenue Cultural Center Special Use District and Local Coastal Program. All items were approved unanimously and recommended as committee reports to the full Board of Supervisors.

Public Comments & Testimony

  • Item 1 (Divisadero Street liquor store exemption): Tick Falletti (James Lewis) of Falletti Foods expressed support for the exemption, noting the site's vacancy and the need for flexibility. He stated that the proposed tenant, Bitters and Bottles, would complement the existing grocery store. No opposition was voiced.
  • Item 2 (Lovejoy's Tea Room parklet): Celine O'Driscoll, co-owner, spoke in support, emphasizing the parklet's role in sustaining the business and retaining employees. Two additional community members, Leo Cassidy and Redmond Lyons, also voiced support, citing the tea room's value to the neighborhood.
  • Items 3 & 4 (Cultural Center SUD and Coastal Program amendments): Opposition speakers included Eileen Bogan (SPEAC) and several community members who argued the ordinance was a backdoor to bypass appeals to the California Coastal Commission, referenced nearly 1,200 pages of written opposition, and criticized the process as insufficiently public. Supporters included Jean Connolly, Stephanie O'Sullivan, John Kevlin (attorney for the Irish Center), Liam Reedy (UICC president), and others, who highlighted the center's community role, decades of service, and adherence to all required processes.

Discussion Items

  • Item 1: Divisadero Street Neighborhood Commercial Transit District – Liquor Store Exemption (File 240263): Supervisor Preston introduced the ordinance, which would exempt the Falletti's Plaza mixed-use project at 1275 Fell Street from the Divisadero Alcohol Restricted Use District (RUD), originally recommended by the Planning Commission in 2004. He noted the site had been vacant since the Bank of America closed during the pandemic. The Planning Commission unanimously recommended approval on May 23, 2024, with technical amendments. Planning staff presented the amendments, which included citing the correct assessor's blocks and updating the NCT reference. Chair Melgar noted the broader trend of bank closures and looked forward to future discussions.

  • Item 2: Lovejoy's Tea Room Parklet on Clipper Street (File 240503): Adam Tongsebut from Supervisor Mandelman's office presented the ordinance, which would waive administrative code requirements to allow the parklet to occupy both the parking lane and a portion of the sidewalk on the 100 block of Clipper Street. The parklet had to relocate from Church Street due to pedestrian visibility requirements at a Muni Metro stop. The sidewalk on Clipper Street is 15 feet wide, leaving 10 feet of clearance. The parklet is critical for the business's post-pandemic recovery.

  • Items 3 & 4: Wawona Street and 45th Avenue Cultural Center Special Use District and Local Coastal Program Amendments (Files 240228, 240563): Supervisor Engardio, the sponsor, explained the ordinance supports the redevelopment of the United Irish Cultural Center (UICC) at 2700 45th Avenue, a neighborhood gathering space since the 1970s. The amendments incorporate feedback from the California Coastal Commission, including clarifying the 100-foot height limit and designating principally permitted uses. President Peskin provided context on the Coastal Act, noting that only three appeals from San Francisco have reached the Coastal Commission in 40 years, and that the change aligns with other municipalities. Planning staff confirmed the SUD is effective but not yet operative pending Coastal Commission certification.

Key Outcomes

  • Item 1: The committee voted unanimously (3-0) to approve the technical amendments and recommend the amended ordinance as a committee report to the Board of Supervisors for the June 4, 2024 meeting.
  • Item 2: The committee voted unanimously (3-0) to recommend the ordinance as a committee report to the Board of Supervisors.
  • Items 3 and 4: The committee voted unanimously (3-0) to recommend item 3 (ordinance) as a committee report and item 4 (resolution) to the full Board of Supervisors with a positive recommendation.

Meeting Transcript

Good afternoon, everyone. This meeting will come to order. Welcome to the June 3rd, 2024 regular meeting of the Land Use and Transportation Committee of the San Francisco Board of Supervisors. I am Supervisor Mirna Melgar, Chair of the Committee joined by Board of Supervisors President Aaron Peskin and Vice Chair Dean Preston. The committee clerk is Mr. John Carroll. Today I also like to acknowledge uh Jeanette Engelauf at uh SFGov TV for staffing this meeting. 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 into the chamber today. If you have any documents to include as part of the file, you should submit them to me. 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 this room. I'm pointing it out with my left hand. Alternatively, you may submit your public comment in writing in either of the following ways. First, you may email your comments to me at J-O-H-N period C-A-R-R-O-L-L at SFGOV.org. Or you may send your written comments by U.S. Postal Service to our office in City Hall. The address is one Dr. Carlton Be Goodlit Place, Room 244, San Francisco, California 94102. If you submit public comment in writing, I will forward your comment to the members of this panel and also include your comments as part of the official file upon which you are commenting. And items acted upon today are expected to appear on the Board of Supervisors' agenda of June 11th, 2024, unless otherwise stated. Thank you, Mr. Carroll. Please call item number one. Agenda item number one is an ordinance amending the planning code to permit liquor stores in the buildings with off-street parking access down Broadwick Street within the Devisadero Street Neighborhood Commercial Transit District. Affirming the planning department's determination under CEQA and making public necessity, convenience, and welfare findings under planning code section 302 and findings of consistency with the general plan and the eight priority policies of planning code section 101.1. I have a memo from your desk, madam chair, that requests that this item be agendized as a committee report for potential consideration by the Board of Supervisors at tomorrow's meeting, June 4th. Thank you, Mr. Clerk. Supervisor Preston, the floor is yours. Thank you, Chair Melgar. Uh, and thank you for scheduling the item today. Also want to thank uh Veronica Flores and Audrey Merlone from Planning and Deputy City Attorney Rob Kapla for their work on this item. Uh the intent of this uh item before you today is to implement the initial planning commission recommendations from back in 2004, a full 20 years ago, uh, to exempt the mixed use project known as Falletti's Plaza from the alcohol restrictions of the nearby Divisadero Alcohol Restricted Use District, the RUD. So the RUD places strict limitations on new alcohol establishments, including a prohibition on new liquor stores. Um and when the Planning Commission heard this item back in 2004, they actually recommended at that time that the mixed-use development at uh 1275 Fell Street, uh the Falletti's Plaza be exempt from the restrictions of the RUD. In retrospect, I think that exemption was a good idea uh back then to uh that would have maintained flexibility of the site, but it was not ultimately adopted into the ordinance that established the RUD at that time. This was not an issue for many years because um this uh folks are probably familiar with this site. This was a Bank of America right across from that DMV lot right next to Fletties. Um really a key corner location was occupied by the bank for many years. Uh the Bank of America branch there closed during the pandemic. Uh and uh there were no banks uh on in the on the landscape or horizon here that were seeking to take its place. And so it's been sitting empty. Um and it's really essential uh that there's flexibility at the site to prevent an even longer uh prolonged vacancy there. So I want to thank you not just for calendaring this, uh, but also for calendaring it as a committee report. There's some urgency because the current restrictions are uh are and have been a major impediment for activating uh this site. So we're looking forward to changing the code uh as quickly as possible. I want to thank uh Tick Falletti, uh, who is here today and his family from Falletti Foods for their longstanding uh commitment to the neighborhood and for uh flagging this issue for our office.

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