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Planning staff flags rewrite of demolition definition, sets hearings on inclusionary housing
Summary
Planning Department staff told the Historic Preservation Commission the department is preparing to replace the Planning Code's demolition definition with DBI's definition and noted new inclusionary housing legislation; Planning Commission hearings are scheduled March 9 and March 23 with a tentative recommendation to the Board of Supervisors on March 23.
Planning Department staff briefed the San Francisco Historic Preservation Commission on March 1, 2017, that the department is working on a rewrite of the Planning Code's demolition definition to align with the Department of Building Inspection's (DBI) definition and reduce conflicting interpretations.
A staff speaker identified as Sasan said the Planning Department has held at least one hearing on the issue and is developing an alternative approach to how demolitions are defined and governed, noting the current Planning Code and DBI definitions "were not in sync." Staff indicated they expect to bring the topic back for additional hearings in the coming months and suggested they will likely eliminate the Planning Code definition and rely on DBI's definition.
Sasan also alerted commissioners to recently introduced inclusionary-housing legislation that seeks to change the inclusionary requirements. Citing a Controller's study, staff said suggested ranges include roughly 16–18 percent for rental housing and 18–20 percent for condominiums, with a proposal that would increase the required amount by half a percentage point annually beginning in 2019. Staff announced Planning Commission hearings on those matters scheduled for March 9 and March 23, 2017, and said the Planning Commission was tentatively scheduled to make a recommendation to the Board of Supervisors on March 23.
Commissioners asked clarifying questions about the legal and practical implications of relying on DBI's definition and requested that any relevant case law or prior challenges be included when the item returns for a full hearing. No formal action or vote on policy changes was taken at this meeting; staff characterized the current work as early-stage and informational.
