Supervisors approve correction to planning code typo, send amended height language back to Planning

The San Francisco Board of Supervisors on March 2009 voted to amend the planning code to correct a typographical error affecting Block 3616, Lot 07 in Supervisor Campos’s district and sent the amended language back to the Planning Department for consideration.

Supervisor Campos told the board the change was intended to correct a clerical mistake that showed the property height as 85 feet when the board had approved 65 feet. Planning Department staff member Ann Marie Rogers told the board the drafting error cited by Campos was not included in the draft ordinance before the board because that draft predated the correction: “The error that he refers to is not included in the draft ordinance before you.”

Deputy City Attorney Cheryl Adams advised the board that moving forward with a correction would be legally possible but would require rereferral to planning because the change was not included in the noticed materials: “It…doesn’t preclude the board from asking for that type of change to be made to the planning code, but a change like that would require a rereferral back to planning,” Adams said.

Supervisor Campos moved to amend the ordinance to reflect the 65-foot height. The board approved the motion to amend on a roll-call vote, 7 ayes and 4 noes, which triggered the clerk’s obligation to send the amended portion back to the Planning Department for review and possible re-notice. The board then divided the question so the remainder of the ordinance could proceed without the amended section. The unamended ordinance passed on final vote, 6 ayes and 5 noes; the board instructed the clerk to refer the amended portion to planning for further consideration.

Why it matters: the change corrects the numeric height recorded in code for a parcel in Supervisor Campos’s district. Because the board approved the substantive correction by amendment after the item was noticed, the board followed the clerk and city attorney guidance and sent the amended language back to the Planning Department for review and public notice rather than adopting the amended text directly.

Next steps: The clerk of the board is required to refer the amended section to the Planning Department. That office will determine whether the proposed correction requires further public notice and return to the Board through the normal planning/commission process.

Votes and formal actions on this item are recorded in the meeting minutes and are reflected in the actions[] entry attached below.