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San Francisco committee extends parcel-delivery interim zoning controls, lowers size threshold to 5,000 sq ft

September 11, 2023 | San Francisco County, California


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San Francisco committee extends parcel-delivery interim zoning controls, lowers size threshold to 5,000 sq ft
The Land Use and Transportation Committee of the San Francisco Board of Supervisors voted Sept. 11 to extend and modify interim zoning controls governing parcel-delivery facilities, adopting an amendment that lowers the size threshold for conditional-use review from 10,000 square feet to 5,000 square feet and forwarding the amended resolution to the full Board of Supervisors.

Madison Tam, staff for Supervisor Shamann Walton (now carried by Supervisor Dorsey’s office), told the committee the legislation is an extension of interim controls passed in March 2022 and that Planning Department staff recommended exempting small parcel-delivery facilities under the prior threshold to avoid unintentionally capturing cannabis delivery uses. Tam said the sponsor circulated an amendment to lower the effective threshold to 5,000 square feet and that the change was approved “to form” by the deputy city attorney.

Labor leaders urged the change during public comment. “These additional six months are needed to make sure companies don't slip through the legislative process before the legislative process is completed,” said John Bouchard, principal officer of Teamsters Local 350, who added that the original 10,000-square-foot threshold could allow companies such as Amazon to create small delivery sites that expand through accessory uses and parking. Bouchard also raised safety concerns, saying autonomous delivery vehicles have “blocked streets, alleys, and other critical access points” and created hazardous situations for union members.

Tony Delario of Teamsters Local 665 and other labor representatives echoed the call to lower the threshold, saying Amazon has sought to treat a proposed 900 Seventh Street site as an as-of-right project and that loopholes in planning approvals have allowed facilities to proceed without conditional-use review. Environmental advocates also supported the extension; Jacob Klein of the Sierra Club Bay Chapter cited diesel particulate, nitrogen oxides and ozone burdens near warehouse sites and said more time is needed for community review.

Vice Chair Dean Preston moved the amendment to reduce the threshold to 5,000 square feet; Preston and Chair Myrna Melgar voted to adopt the amendment. President Aaron Peskin recused himself from Item 5, saying he owns Amazon stock valued at more than $2,000, and was excused from the vote. The motion to forward the amended resolution to the full board passed with two ayes and Peskin excused.

The action sends the amended interim controls back to the full Board of Supervisors for further consideration. The resolution as described would retain conditional-use review for larger parcel-delivery uses while narrowing the size of facilities subject to the interim controls. Implementation, including whether additional Planning Department findings or permit conditions will apply, will be determined in subsequent Board action and Planning Department review.

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