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Committee forwards ordinance to waive annual right-of-way fees for SFPUC-funded flood projects
Summary
The Land Use and Transportation Committee voted to forward a code amendment that exempts minor encroachments tied to San Francisco Public Utilities Commission (SFPUC) floodwater grants from annual right-of-way occupancy fees, proponents said this will encourage small businesses and residents to pursue protective work.
The Land Use and Transportation Committee on Tuesday forwarded a proposed Public Works Code amendment that would waive annual public right-of-way occupancy assessment fees for floodwater management projects that encroach into sidewalks when the work is funded by San Francisco Public Utilities Commission (SFPUC) grant funds.
Supervisor David Campos, who represents District 9 and sponsored the legislation, said the targeted change will make it easier for small businesses and property owners in flood-prone areas — notably around 17th and Folsom — to accept SFPUC grant money and complete property-level flood protections without incurring recurring fees. "Exempting these projects from annual fees will make it easier for small business and residential tenants, persuade their property owners to actually apply for grants," Campos said.
Kathy Howup, Assistant General Manager for Infrastructure at the SFPUC, said the SFPUC created a Floodwater Grant Program in 2013 to help property owners lower flood risk. She told the committee the program's popularity has grown after recent storm events and with an anticipated El Niño winter. Howup said the proposed amendment would preserve the existing minor-encroachment permit requirement but waive the perpetual annual fee that some property owners currently face; she cited a commonly assessed annual fee of $2,200 as an example that grant funds cannot reimburse.
Members of the public described how the fee affects local property owners. Chris Hickey said he raised his building’s ground-floor slab and sidewalk as part of an $~1 million project to protect a building with an 18,000-square-foot footprint, only to learn afterward of a $2,200-per-year encroachment assessment; Hickey said SFPUC staff helped get most of that fee waived in his case but urged broader, long-term structural solutions. Malcolm Davis, another property owner at 17th and Folsom, supported the ordinance but warned that nearby proposals — including a park — could change flood patterns and that the city still needs short-, mid- and long-term structural fixes.
After discussion, Chair Malia Cohen moved the item forward with a positive recommendation; the motion passed without objection and will be transmitted to the Board of Supervisors for further consideration.
The committee and SFPUC staff said they will continue community outreach; Howup said the agency plans another public meeting in mid-October to present short-, mid- and long-term solutions.
