Category: Land Use

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SF Superior Court Strikes Down Residential Vacancy Tax

insidesf – excerpt

The San Francisco Superior Court has struck down a residential vacancy tax slated to take effect in 2025, ruling that the tax is unconstitutional.

Voters approved the Empty Homes Tax in 2022, which required owners of apartments or condos in structures with three or more units to pay a tax on units vacant for 182 or more days in a calendar year. Filing and fees were scheduled to begin in 2025.

However, the San Francisco Apartment Association, Small Property Owners of San Francisco Institute, San Francisco Association of Realtors and four individual landlords filed a lawsuit in San Francisco Superior Court in February 2023 to challenge the constitutionality of the law. And the San Francisco Superior Court ruled yesterday morning that the tax violated the Constitution and imposed an unlawful burden on privacy interests, while also being pre-empted by the state’s Ellis Act.

As it stands now, the residential vacancy tax is no longer in effect. The city will appeal the decision and debate will continue. (Here’s a link to the court decision.)

Owners in this property category now don’t need to file or pay any fees to the city. I’ll keep you updated on any future developments…(more)

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Newsom announces new accountability measures for cities that receive homelessness aid

By Mollie Burke : sfchronicle – excerpt

Gov. Gavin Newsom announced new requirements Friday for cities and counties receiving state money to address homeless encampments.

Newsom, who has been cracking down on local governments that refuse to accommodate new housing projects or homeless shelters, said that the state will “claw back” funding for localities that fail to comply with their housing goals.

San Francisco became the first city to fall out of compliance with the housing element law, the California Department of Housing and Community Development ruled in July. San Francisco is required to plan for 82,000 new units between 2023 and 2031, but the city authorized just over 3,000 new units in 2023 and 831 units in the first half of this year, according to the city’s Planning Department. The state announced in August that San Francisco was back on track to return to compliance.

Under a law passed in 2023 by San Francisco Sen. Scott Wiener, cities that fail to comply must streamline the approval of most projects.

Newsom also said Friday that cities must follow “all state housing and homelessness laws” to hold on to their millions in state aid from encampment resolution funds…(more)

How did we end up with an anti-San Francisco governor and an anti-San Francisco Senator? What is wrong with our city that no one who likes us runs for state office?
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Rent control bill advances, with Melgar in opposition

By Tim Redmond : 48hills – excerpt
Peskin measure would add protections to tens of thousands of units (if the state allows). Can Breed veto it?…

Prop. 33 on the Nov. 5 ballot would overturn Costa Hawkins. If that happens, and Peskin’s bill passes, every apartment build between June 14, 1979 and Nov. 5, 2024 would come under the city’s rent control law…

The legislation, sponsored by Sup. Aaron Peskin, would extend rent controls to the tens of thousands of units that are exempt under state law, if and when that state law is repealed or amended.

Under the Costa Hawkins Act, any apartment built after June 13, 1979 is exempt from any form of local rent control…(more)

Not sure why no one is asking the Mayoral candidates about this. They do a lot of lip service to “the high costs of housing”, but avoid talking about the corporate takeover and control of rental pricing. There is even less talk about the exorbitant costs of fuel and utilities. Most of these are state problems, but they need to be on the table for discussion every time the price of rent is raised, in my opinion.

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Investor who bought up buildings to ‘improve’ ritzy S.F. neighborhood is uprooting legacy businesses

By Laura Waxman : sfchronicle – excerpt

The first thing that Pacific Heights resident Gabriel Wolf recalls when asked about his mid-pandemic move to Upper Fillmore Street is discovering signs of a friendly and engaged community that he found comforting during a time of great uncertainty.

He points out a ginkgo tree dubbed “Bartholome” that the owner of Cielo lobbied the city to have planted on the sidewalk in front of her clothing boutique, and the string lights that a customer of adjacent Ten-Ichi installed outside the 46-year-old sushi restaurant. Across the street, 45-year-old La Mediterranee restaurant refurbished its parklet with a mural depicting a serene sunset…

“These businesses obviously care about this neighborhood and the people in it,” Wolf said.

Now the future for some of these businesses is uncertain.

When a mysterious web of connected limited liability companies started buying up building after building on a three-block stretch of Fillmore, small business owners and residents in the area were hopeful that the infusion of capital could help buoy and revive the close-knit retail community that had been struggling since the pandemic.

But, months after the properties traded hands, the vision of Upper Fillmore’s newest investor is coming into focus, and one thing appears certain: It does not include several of the mom and pop businesses that have anchored the street for decades.

Earlier this year, stealthy entities spent upwards of $40 million on acquiring more than half a dozen aging buildings on Fillmore between Clay and Pine streets, including the defunct Clay Theater at 2261 Fillmore. For now, they’re adding to the street’s shuttered storefronts by displacing a handful of long-time small businesses in an apparent bid to ultimately bring more high-end retailers into the area… (more)

RELATED:
VC Neil Mehta, who’s quietly nabbing prized SF property, plans a “Y Combinator for restaurants”: 
What does Neil know about the restaurants he is kicking out? Not much evidently. They are some of the most popular eating establishments in town. How jaded are his tastebuds?

You better keep your car because you are going to need it when they drive you out of town!

 

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SB 610: Senator Wiener attacks Fire Hazard Maps as impediments to housing.

By Amy Kalish : marinpost -excerpt

Fire truck got stuck in a tight turn. Had to get another. Use a different approach. Hydrant was 300 feet away Here’s something fresh!

There is a new and dangerous assault on local control. Senator Wiener is not content to merely wrest zoning from cities. He is now targeting Fire Hazard Severity Zone Maps as “impediments” to housing.

SB 610 upends local considerations — and would eliminate the State Fire Hazard Severity Zone maps and familiar terms — most noticeably “ember resistant zones.” A whole new system would instead declare portions of the state “Wildfire Mitigation Areas.” There would be no comparative maps to see where changes were made.

Wiener introduced SB-610 “Fire prevention: wildfire mitigation area: defensible space: State Fire Marshal” as a “gut and amend” bill, meaning the contents were completely changed after it had already passed the Senate in an innocuous form (a proposed annual report by the chair of the State Energy Resources Commission).

The Assembly had no time to digest the language or its ramifications and it has sailed through.

Wiener bluntly states the reasons to ditch a functioning system in his SB 610 Fact Sheet:

  • “to keep localities from weaponizing the fire hazard mapping as anti-housing/development tools.”
  • “LRA (Local Responsibility Area) maps can functionally result in restrictions on growth in those areas through imposing costly building standards, increased disaster planning and mitigation requirements, or increasing home insurance premiums.”
  • “Local jurisdictions have the ability to misuse this process and make the majority of their community a high or very high FHSZ (Fire Hazard Severity Zone) map that could impact housing development.”
  • In other words, the Maps must go in order to keep cities and counties from cheating their way out of “fair share housing.”…(more)

How can anybody be so callous about human lives?

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Breed’s allegiance to the Yimby movement is hurting her political future

By Calvin Welch : 48hills – excerpt

Some of her Big Tech allies have abandoned her—and now the neighborhoods are unhappy too…

Hammett’s 1920s cynicism of fictional San Francisco has been superseded by the 2020s reality facing voters this November: the simultaneous buying and taking of the city by a handful of billionaires. These billionaires’ intent is not only controlling the city’s politics, but also in replacing most of its current residents with folks more like them—wealthy and conservative.

This assault on the current residents of San Francisco is based, in part, on Yimby lies about housing policy, lies endorsed by the Breed administration. And the irony of ironies is that it is her “loyalty” to this agenda that has so weakened her among San Francisco voters that some of her wealthy backers have dropped her like a stone.

Breed has now been officially discarded by the very “moderates” she has courted with her pro-Yimby density/displacement plans and her hard right turn on crime and police. Parts of the big tech/real estate coalition have now formally endorsed Mark Farrell, saying that Breed has not “demonstrated an ability to govern with the degree of persistence and consistency necessary to solve San Francisco’s problems.”…(more)

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URGENT — OPPOSE SB 7

This is an URGENT call to action. SB 7 is a terrible bill, and it needs to be opposed before it’s next heard on 6/26. Letters and calls should be in ASAP. Today if possible.

What is the Problem with SB 7?
This is a housing bill that makes HCD stronger and RHNA worse. SB7 takes recommendations from a 176 page report — “California’s Housing Future 2040: The Next Regional Housing Needs Allocation (RHNA)” — sent to legislators just two months ago, and hastily tries to get them passed into law in the next few weeks.

Through a sneaky process called “gut and amend,” new language has been put into SB 7 — which already passed the Senate in another form — and is now working its way through the Assembly.

No underlying problems of 6th cycle RHNA are addressed. This bill relies on unsubstantiated claims about the state’s housing crisis to justify usurping local control.

The 6th cycle RHNA is not even mid-way through, and all cities are failing its metrics. The solid reasons why are heavily documented — to the point that a housing element audit was recently authorized to examine the process.

The HCD is doing an end run around the audit and any flaws it might uncover; the new language of SB 7 bolsters their powers for 7th cycle RHNA, and they want it done now.

WHAT HCD GETS WITH SB 7:

  • An increase in authority, zero oversight, no transparency
  • Heavier hand against cities, bolstered by new punitive legislation
  • Further control over local zoning control
  • Eliminates the right to appeal RHNA mandates
  • Allows unchecked lobbyist influence
  • Continue to disregard infrastructure costs and other impacts to cities
  • Continue to disregard actual data, including population projections that show California’s numbers flat through 2060
  • Inclusion of open space in their calculation for how much new development a jurisdiction can absorb
  • No requirement to base policy on robust economic theory
  • No requirement to base RHNA mandates on legitimate population projections
  • RHNA allocations will continue to increase market rate housing
  • RHNA will require — but not advance — affordability.
  • Unelected bureaucrats will continue creating policy with no accountability

THIS IS HAPPENING FAST:
SB7 is being rushed through without due diligence.
This “gut and amend” bill bypassed normal deadlines, and showed up at the last minute. In the Senate it was an innocuous bill about group housing.

June 10th: Amended in Assembly
June 18th: Passed Assembly Housing and Community Development Committee
June 26th: Up for a vote in the Local Government committee

your message can be this simple: I OPPOSE SB 7.
Contact for direct representatives are below, they also need to hear from us.

First Last Email Phone
Chair, D Juan Carrillo juan.carrillo (916) 319-2039
V-Chair, R Marie Waldron marie.waldron (916) 319-2075
R Bill Essayli bill.essayli (916) 319-2063
D Matt Haney matt.haney (916) 319-2017
D Ash Kalra ash.kalra (916) 319-2025
D Blanca Pacheco blanca.pacheco (916) 319-2064
D James Ramos james.ramos (916) 319-2045
D Chris Ward assemblymember.Ward (916) 319-2078
D Lori Wilson lori.wilson (916) 319-2011
Chief Cons. Angela Mapp angela.mapp (916) 319-3958

SB 7 Verville sample letter

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Confederacy of NIMBYS cheer Peskin, criticize Melgar on housing

By KELLY WALDRON : missionlocal – excerpt

As dozens of slides on the evils of new housing construction flashed on the screen, the 100 or so residents gathered Wednesday night at the Scottish Rite Masonic Center agreed on one thing: Board of Supervisors President Aaron Peskin best represented their views, while the local district supervisor Myrna Melgar did not.
Peskin, who is running for mayor and spoke for around 10 minutes, often skeptical of new market-rate housing, was a clear winner for the crowd. District 7 Supervisor Melgar, who represents the area in which the meeting was held and is running for re-election there, attended but did not speak. She was not a fan favorite — and she made it clear the feeling was mutual.
“These are not my people,” said Melgar about the event put on by Neighborhoods United, a coalition of over 50 neighborhood associations across the city…(more)  
 
Melgar was invited to speak but just sat in the audience and said nothing. One of her opponents, Stephen Martin-Pinto was in attendance and gathered a lot of support last night. There were a lot of people from D-4., D-7, and D-11 that I recognized.

RELATED:

An Open Letter to Mission Local reporter Kelly Waldron

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New Planning Commissioners

Gilbert Williams nominated by President Peskin
Gilbert Williams dedicated PODER member for over a decade has spent the entire pandemic learning about Land Use through his participation in the Race & Equity in all Planning Coalition’s “All Planning to the People” series. Always wanting to learn more by asking questions, and supporting his fellow community members leadership development, his leadership presented an opportunity to have a seat at the decision making table. After months of careful consideration, weeks of sleepless nights navigating the application process to join the Planning Commission. It was a whirlwind finale that started with the Rules Committee on Monday March 11th, Full Board vote Tuesday March 12th,  Sworn in Wednesday March 13th, and first day as Planning Commissioner on Thursday March 14th… (more)

Lydia So nominated by Mayor Breed
Mayor London N. Breed announced the nomination of Lydia So to the San Francisco Planning Commission. In June 2023, Mayor Breed appointed So to the San Francisco Municipal Transportation Agency (SFMTA) Board of Directors, where she has worked to advance the equity, safety, and efficiency of Muni for San Francisco residents and visitors… more)

The Current member of the SF Planning Commission are
Sue Diamond, President; Kathrin Moore, Vice-President;
Derek Braun, Theresa Imperial, Joel Koppel, Lydia So, Gilbert Williams

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The San Francisco Influence List: People who are directing the city’s future

By Chronicle staff : sfchronicle – excerpt

San Francisco is changing. These are people whose decisions will shape that change — for better or worse. You might not know them all. But you should.

Since the pandemic, San Francisco has been thrust into the global spotlight for its myriad problems: homelessness, the fentanyl epidemic, the affordability crisis and the potential for an economic “doom loop.” These challenges have forced a place known for historic cataclysms and rebirths into one of its most difficult transformations.

The election in November comes at a critical time: Residents are eager for solutions, and the decisions being made have the potential to dramatically alter what it’s like to live in San Francisco. It’s important that you, our readers, understand how things grow from idea to reality, so we are identifying the people directing that process. You might or might not like what they’re doing, but you should know who they are.

Enter the San Francisco Chronicle’s first Influence List…

Kanishka Cheng : Founder and CEO of Together SF Action
Jennifer Friedenbach : Executive director of the Coalition on Homelessness
Rudy Corpuz : Executive director of United Playaz
Sean Elsbernd : Mayor London Breed’s chief of staff
Chris Larson : Chairman and Co-founder of Ripple
Sheryl Davis : Executive Director of the San Francisco Human Rights Commission
Phil Ginsberg : General manager of the SF Rec and Park Department
John Elberling : President of TODCO
Laura Crescimano : Principal of SITELAB Studio
Enrique Landa : Managing Partner of Associate Capital
Rudy Gonzalez : Secretary-treasurer of the San Francisco Building and Construction Trades Council
Larry Baer : President and Chief Exceutive of hte SF Giants
Malcolm Yeung : Executive director of Chinatown Community Development Center
Lena Millier : Founder dn CEO of Urban Alchemy
Joe Derisi : President of Chan Zuckerberg Biohub San Francisco
Mira Murati : Chief Technology Officer of OpenAI
Greg Perloff : Co-founder of Another Planet Enertertainment
Pim Techamuanvivit : Chef-owner of Kin Khao and Nari
Brandon Jew : Chef-owner of Mr. Jiu’s
D’arcy Drollinger : San Francisco drag laureate