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Planning Commission advances code cleanup to align rules with court decisions

San Francisco Planning Commission · February 25, 2021
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Summary

The Planning Commission voted 5–1 on Feb. 25 to recommend Planning Code cleanup amendments that staff said correct typographical errors, update cross-references and bring code language into conformance with recent court decisions limiting actions tied to the Ellis Act.

The San Francisco Planning Commission on Feb. 25 recommended adoption of an ordinance to amend the Planning Code to fix typographical errors, update outdated cross-references and clarify language across multiple sections. Planning Department staff said the changes are primarily editorial but include limited substantive edits to reflect recent judicial decisions involving the Ellis Act.

"With the repeated amendments to the Planning Code, minor typographical errors or other omissions creep into the Planning Code," Planning Department presenter Diego Sanchez said during the remote hearing. He told commissioners the package includes corrections to zoning tables, cross‑references and other technical fixes and that staff recommended adoption.

Commissioners pressed staff on whether any of the changes would alter long‑standing policy or remove the commission's ability to consider tenant history. Deputy City Attorney Austin Yang and staff said the edits are intended to align the code with court rulings that limit the city's authority when a landlord exercises rights under the Ellis Act, and are not intended to prevent the commission from considering tenant history in appropriate circumstances.

Commissioner Moore said the third bullet in the staff summary appeared to touch on substantive issues and asked for additional legal context. "Tenant history is something that could be relevant to the planning commission’s determination," Yang replied, but added the office's advice focused on the impact of Ellis Act evictions.

A motion to approve the Planning Code corrections as proposed by staff carried on roll call, five ayes to one no (Commissioner Imperial opposed). The commission placed the item on its consent calendar for the next stage of processing.

The commission's approval forwards the ordinance for subsequent actions by the Board of Supervisors and other required steps in the city's legislative process. Staff said the change is intended to reduce inadvertent inconsistencies in the code and to incorporate clarifications required by appellate and judicial decisions.