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Supervisors adopt amendment to inclusionary housing ordinance to avoid recapturing already-approved projects
Summary
The board adopted a technical amendment to the inclusionary housing ordinance to prevent projects that already completed approvals from being forced to do new feasibility studies or recapture contributions. Supervisor Kim said the change protects projects that increased inclusionary contributions after prior approvals.
The Board of Supervisors adopted an amendment to the city's inclusionary affordable housing planning code provisions intended to avoid retroactively capturing projects that already completed approvals.
Supervisor Kim described the amendment as a technical fix to prevent the city from requiring feasibility studies or recapturing inclusionary contributions from projects that "have already gone through the approvals process" with the Planning Commission or this board. The amendment directs the Planning Department, in consultation with the Controller, to study areas larger than five acres where rezoning or area plans adopted since Jan. 1, 2015, would affect inclusionary requirements and to report that study to the Planning Commission and Board.
Deputy City Attorney John Givner advised that although the amendment itself is not substantive, any amendment on second reading triggers further reading requirements; the board can make the amendment and then consider the ordinance again on second reading on Sept. 5. Supervisors approved the amendment without objection and placed the amendment on the file for further proceedings.
Why it matters: The change aims to protect developers and projects that already proceeded through a public approvals process from being required to retroactively comply with newly tightened inclusionary rules, while directing the Planning Department and Controller to study potential geographic areas for higher on-site inclusion requirements.
Outcome: The board adopted the amendment and filed it for the ordinance's continued processing; the ordinance remains active for further readings.
