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Planning Commission delays Eastern Neighborhoods projects, sets July 26 continuance

San Francisco Planning Commission · June 7, 2007
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Summary

The San Francisco Planning Commission voted June 7 to continue several Eastern Neighborhoods cases — including contested items tied to 700 Valencia — to July 26, 2007 while staff completes outreach and a nexus study; commissioners were divided over ‘springing conditions’ and legal timing for impact fees.

The San Francisco Planning Commission voted on June 7 to continue multiple calendar items tied to the Eastern Neighborhoods review until July 26, 2007, after a heated discussion about whether to impose interim "springing conditions" on projects that predate a completed nexus study.

Commissioners debated whether to hear discrete projects now or wait for a completed study that would provide a legal and financial basis for impact fees. Commissioner O'Wage urged caution, saying, "No project should be heard before we have some kind of finalized language," while others argued that separate project merits still warrant timely hearings.

The motion the commission adopted continued items 1a, 1b, 2a and 2b to dates shown on the calendar and moved items 13, 14 and 15 to July 26. The roll call for that motion recorded a 6–1 vote in favor, with Commissioner Seguaya voting against.

Why it matters: commissioners and staff said a full nexus study — which staff told the commission is underway and for which staff suggested September as a likely completion window — is the most reliable basis for determining whether and how impact fees can be imposed on projects in the Eastern Neighborhoods. Proponents of hearing projects sooner said public testimony gathered now could inform the study; opponents said imposing fees without a defensible nexus could lead to legal challenges.

Supporting details: staff described "springing conditions" as an interim tool that would apply certain requirements to pipeline projects until the nexus study or rezoning is complete. Multiple commissioners asked staff to prepare targeted outreach and additional materials to clarify how prior interim controls were applied in the Mission and how a final nexus study would differ by subarea.

Next steps: staff said it will follow up with commissioners over the coming weeks to refine the timeline and scope of interim measures and to report back on the department's proposed schedule for the nexus study. The commission set an updated hearing date of July 26 for the affected items.