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Commission backs modified extension of Eastern Neighborhoods legitimization amnesty
Summary
The Planning Commission recommended approval of an ordinance extending the Eastern Neighborhoods legitimization/amnesty program, endorsing staff changes to lengthen the extension to six months and to set a 90‑day deadline after issuance of a legitimization letter for applicants to file required materials.
The San Francisco Planning Commission on Feb. 23 recommended approval, with modifications, of an ordinance to extend the Eastern Neighborhoods Legitimization (amnesty) Program. Planning staff described the program as a time-limited option for property owners with unpermitted uses to seek legitimization; the original program expired Jan. 19, 2012.
Kimiya Hadadan of planning staff told commissioners the department supports reopening the program to encourage compliance with the planning code but recommended two changes: extend the window to six months (rather than the 90 days originally proposed by the supervisor's office) to allow adequate time to adopt the ordinance and to accept applications, and add a 90‑day deadline between issuance of a letter of legitimization and the submittal of required application materials so the department can conclude the process in a reasonable timeframe.
Andrea Bruss, representing Supervisor Malia Cohen’s office, said the supervisor introduced the ordinance at the request of the Eastern Neighborhood Citizens Advisory Committee to provide more time for outreach and to work with the Mayor’s Office, SFMADE and the Small Business Commission. During public comment, longtime participant Sue Hester praised a permit deadline but criticized uneven staff work and record-keeping and urged clearer, more thorough investigations of eligibility evidence.
Corey Teague (staff) described the multi-step eligibility review for legitimization: the zoning administrator issues a letter of determination (appealable), and eligibility is determined by historical use demonstrated through lease agreements, marketing materials, business licenses, assessor data and other evidence; a letter can trigger building-permit and office-allocation requirements if thresholds (e.g., >25,000 sq ft) apply. Commissioners recommended that staff produce a checklist of common documents used to determine eligibility to improve transparency.
Commissioner Borden moved to approve the ordinance with the staff’s modifications; the motion passed unanimously by roll call.
