By J. K, ]. Dineen : sfchronicle – excerpt
San Francisco is poised to miss the first deadline state housing officials have set for reforming how it approves residential development, a blown due date that could cost the city local control over how projects are entitled and permitted.
Under a set of state mandates laid out in an Oct. 25 “San Francisco Housing Policy and Practice Review,” the California Department of Housing and Community Development, or HCD, gave the city 30 days to pass Mayor London Breed’s “constraints reduction” ordinance, which would slash red tape and allow many projects to go forward without a hearing at the Planning Commission.
While that deadline is Nov. 27, the ordinance has still not had a hearing at the committee level or before the full Board of Supervisors. While it could be heard at committee next week, it would likely not be before the full board for adoption until the second week of December.
San Francisco Planning Director Rich Hillis said he anticipates that next week HCD will send a letter warning that the city is out of compliance with state housing element laws, under which San Francisco is obligated to plan to accommodate 82,000 units before the end of 2031.
After the warning, the city would then have 30 days to come into compliance, or risk decertification of the housing element, which could allow property owners to apply for “builder’s remedy” projects, allowing them to bypass all local planning review. The city could also lose out on money for affordable housing and transportation as long as its housing element is not certified.
Hillis said he is hopeful the Board of Supervisors will pass the constraints legislation in time to avoid decertification. “It’s a tight window, but I think we can get there, given the schedule,” he said…
While the penalties for not following the state mandate are severe, some members of the Board of Supervisors are pushing back. On Nov. 7, Supervisor Aaron Peskin introduced a resolution urging the City Attorney David Chiu and the “city lobbyist” to work with state officials to extend the deadlines.
The resolution, co-sponsored by Supervisor Connie Chan, also takes issue with what it calls HCD’s “singular focus on private development policies and practices, and without sufficient measures to address racial equity, fair housing practices, affordability, and displacement.”
It points out that the city exceeded its goal for market rate housing over the last eight years, but fell short of its affordable housing goals. It said that the state deadlines “require adoption and action within time periods that may conflict with or are contrary to San Francisco’s Charter and other law.”
Rushing to decertify the city’s housing element “would completely deregulate development of market rate housing and put the approximately 65% of San Francisco’s population that are renters, as well as San Francisco’s historically marginalized low-income communities and communities of color at heightened risk of displacement,” the resolution reads.…(more)