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San Francisco commission approves housing permit amid soil contamination concerns

September 13, 2023 | San Francisco City, San Francisco County, California


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San Francisco commission approves housing permit amid soil contamination concerns
In a recent San Francisco city meeting, officials grappled with the complexities of a proposed housing project amid concerns over soil contamination. The discussion centered around the implications of Senate Bill 35 (SB 35), which aims to expedite affordable housing projects while limiting the ability of city bodies to impose additional conditions on permits.

As the meeting unfolded, commissioners expressed a strong desire to see the housing project move forward, acknowledging the pressing need for affordable housing in the city. However, they were also acutely aware of the potential health risks posed by the contaminated site. The dialogue revealed a tension between the urgency of addressing the housing crisis and the responsibility to protect public health.

One commissioner emphasized that while the project complied with existing laws and regulations, the presence of toxic substances in the soil raised significant concerns. They argued that under normal circumstances, a project on a clean site would easily pass planning requirements, but the contamination complicated matters. The commissioner sought assurance that the project would not endanger future residents or the surrounding community.

Legal interpretations of SB 35 played a crucial role in the discussion. It was noted that the law restricts the imposition of additional conditions on permits unless they are applicable to all similar projects. This limitation sparked debate about whether the city could require a full cleanup of the site before proceeding with the permit. Some officials argued that the law was designed to prevent discretionary actions that could delay essential housing developments, while others felt that public health concerns warranted a more cautious approach.

The conversation also touched on the broader implications of the project and the need for accountability from various city departments, including the Department of Public Health (DPH) and the Department of Toxic Substances Control (DTSC). Commissioners suggested that if community concerns persisted, it might be more effective to address these issues through hearings focused on the agencies responsible for environmental safety rather than through the permit process itself.

As the meeting concluded, the commissioners recognized the delicate balance they must maintain between facilitating housing development and ensuring the safety of San Francisco residents. The outcome of this discussion will likely influence future projects under SB 35, as the city continues to navigate the challenges of urban development in the face of environmental concerns.

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