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Planning Commission backs amnesty for properties tied to DBI audit, with limits for flagged contractors
Summary
The San Francisco Planning Commission voted 6-1 to recommend approval of an ordinance creating a limited amnesty program for properties identified in the Department of Building Inspection(DBI) internal quality-control audit, but added a condition excluding applicants who use contractors on the department—s expanded compliance control list.
The San Francisco Planning Commission on May 1 recommended approval of an ordinance sponsored by Supervisor Matt Mandelmann that would establish an amnesty program for properties identified by the Department of Building Inspection—s internal quality-control audit.
The ordinance would waive specified planning-code violations, refund fees already paid by property owners who bring violations to the city—s attention, and waive certain zoning or conditional-use requirements for properties that were caught up in fraudulent or improper permitting tied to former building professionals. Supervisor Mandelmann told the commission the measure "will provide relief to scores of property owners who were unwittingly and through no fault of their own swept up in the sad and sorry saga of Bernie Curran and Rodrigo Santos." His office said the audit identified nearly 5,500 properties associated with the two men.
Why it matters: DBI—s audit followed criminal prosecutions of a former DBI inspector and a private engineer who, the city says, submitted falsified documents and accepted gratuities. Owners found to have inherited unpermitted work faced large remediation bills, in some cases tens of thousands of dollars for architects, permit fees and repairs. The ordinance aims to reduce that financial burden for owners who were not party to the fraud while preserving building-safety requirements.
What the commission did: Commissioners voted 6 to 1 to recommend approval, with a specific condition added during the hearing. The commission directed that entities on DBI—s expanded compliance control lista public list of applicants and design professionals found to have falsified plans or exceeded approved workbe ineligible to act as applicants or as the design professional of record for owners seeking amnesty. The amendment was offered by several commissioners as a guardrail to prevent developers or design professionals previously disciplined by DBI from benefiting from the program.
Public concerns and staff response: DBI staff and the sponsor acknowledged the legislation would not waive building-code life-safety obligations; property owners would still have to bring work up to building-code standards and obtain any construction permits required to abate structural or safety violations. Tate Hannah of DBI said the department paused some enforcement while the legislation moved through the process to avoid creating undue anxiety for owners who bought recently renovated properties without knowledge of past fraud. Public commenters supported the concept but urged the city to publish the specific list of properties that would be eligible and to explain how refunds and fee waivers would be handled.
Vote and next steps: The commission—s recommendation (motion moved by not specified, second not specified in the public record) passed 6 to 1. Recorded votes were: Commissioner Campbell 9Aye9; Commissioner McGarry 9Aye9; Commissioner Williams 9Aye9; Commissioner Braun 9Aye9; Commissioner Imperial 9Aye9; Commissioner Moore 9No9; President So 9Aye9. With the commission—s recommendation, the ordinance moves back to the Board of Supervisors— land-use committee for further review and final action.
What remains unresolved: Several commissioners and public commenters asked the sponsor and DBI to produce publicly the audit—s property list and to clarify how many notices of violation (NOVs) have been fully investigated. DBI staff said the agency has completed its internal research and categorized properties by tiers but paused certain NOVs while the ordinance worked through the legislative process. Deputy legislative staff and the sponsor said they will provide additional outreach to affected owners and more detailed cost estimates for refunds and waived fees before the Board of Supervisors takes action.
Ending: The commission—s approved amendment narrows eligibility to block applicants who appear on DBI—s enforcement watch list from acting as the applicant or design professional of record for amnesty claims; owners not involved with those flagged firms remain eligible. The measure now proceeds toward the Board of Supervisors as the city balances relief for innocent owners against safeguards against repeat improper practice.
