2021-10-14 · 9 comments · 3 / 4
Mark Loper · spoken · 2021-10-14 · support
Project sponsor
2020-001610PRJ - 3832 18th StreetPlease find attached our organization's correspondence regarding the project application for 3832 18th Street. As noted in our letter, YIMBY Law believes the law requires the City to approve the requested permits for this project. Regards, -- Rafa Sonnenfeld Paralegal he/him YIMBY Law 57 Post St, Suite 908 San Francisco, CA 94104 [email removed] 10/7/2021 San Francisco Planning Commission 49 South Van Nes… Please find attached our organization's correspondence regarding the project application for 3832 18th Street. As noted in our letter, YIMBY Law believes the law requires the City to approve the requested permits for this project. Regards, -- Rafa Sonnenfeld Paralegal he/him YIMBY Law 57 Post St, Suite 908 San Francisco, CA 94104 [email removed] 10/7/2021 San Francisco Planning Commission 49 South Van Ness Ave, Suite 1400 San Francisco, CA 94103 [email removed] Via Email Re: 3832 18th Street 2020-001610PRJ Dear San Francisco Planning Commission, YIMBY Law is a 501(c)3 non-prot corporation, whose mission is to increase the accessibility and aordability of housing in California. YIMBY Law sues municipalities when they fail to comply with state housing laws, including the Housing Accountability Act (HAA). As you know, the Planning Commission has an obligation to abide by all relevant state housing laws when evaluating the above captioned proposal, including the HAA. Should the City fail to follow the law, YIMBY Law will not hesitate to le suit to ensure that the law is enforced. The proposed Project includes demolition of the single-family home on the project site, and new construction of a six-story, 60-foot tall, residential building with 19 group housing units, a 390 square foot communal space, 19 Class 1 bicycle parking spaces, and two Class 2 bicycle parking spaces. The Project includes 890 square feet of common open space via a ground oor courtyard and two separate private roof decks at the sixth oor, including a 149 square foot front deck and a 165 square foot rear deck. The Project will provide three group housing units subject to the inclusionary aordable housing program. Project approval will not require any action abrogating or overriding the general plan designation and standards for the site. The Conditional Use Authorization permit currently being considered certainly falls well within the bounds of the General Plan, and as properly noted by Planning sta, <U+201C>the Commission must make ndings related to requested waivers from development standards for Building Height pursuant to Planning Code Section 260, Rear Yard pursuant to Planning Code Section 134, and for Dwelling Unit Exposure pursuant to Planning Code Section 140, pursuant to the State Density Bonus Law.<U+201D> California Government Code 65589.5, the Housing Accountability Act, prohibits localities from denying housing development projects that are compliant with the locality<U+2019>s zoning ordinance or general plan at the time the application was deemed complete, unless the locality can make ndings that the proposed housing development would be a threat to public health and safety. 1 Conditional Use Authorization and the Housing Accountability Act It is a common misconception that any additional approvals for a project besides a simple site permit automatically renders the Housing Accountability Act void. This is not the case. The Housing Accountability Act applies so long as the residential development complies with the objective general plan standards in place at the time of application submission. Though a conditional use permit requires additional authorization, it does not push the project beyond the bounds of the general plan. By its very nature, a conditional use is one that is permitted by the general plan provided certain prerequisites are met. The extra level of scrutiny does not mean that the project is no longer general plan compliant. In this case, a conditional use permit is being sought in order for the Project proponent to be granted waivers to which they are entitled under California state Density Bonus law, California Government Code 65915(e), so long as there are no specic, adverse impacts, upon health, safety, or the physical environment, and there are no feasible methods to satisfactorily mitigate or avoid the specic adverse impacts. The HAA, 65589.5 (j)(3) species that the receipt of a density bonus does not constitute a valid basis on which to nd a proposed housing development project is inconsistent, not in compliance, or not in conformity, with an applicable plan, program, policy, ordinance, standard, requirement, or other similar provision. Conclusion The Project proposal is zoning compliant with the entitled Density Bonus waivers, and general plan compliant, therefore, you must approve the application, or else make ndings to the eect that the proposed project would have an adverse impact on public health and safety, as described above. Should the City fail to comply with the law, YIMBY Law will not hesitate to take legal action to ensure that the law is enforced. I am signing this letter both in my capacity as the Executive Director of YIMBY Law, and as a resident of California who is aected by the shortage of housing in our state. Sincerely, Sonja Trauss Executive Director YIMBY Law YIMBY Law, 57 Post Street, Suite 908, San Francisco, CA 94103 2show more Jeff Horner · spoken · 2021-10-14 · —
Continuance
Austin Yang · spoken · 2021-10-14 · neutral
City Attorney
Chris Rudy · spoken · 2021-10-14 · oppose
No outreach, no changes to plans
Yonathan Randolph · spoken · 2021-10-14 · support
Prioritize creation of housing
Cindy Wong · spoken · 2021-10-14 · oppose
Housing shortage for families with children
Sue Hestor · spoken · 2021-10-14 · oppose
Corporate leases
Georgia Schuttish · spoken · 2021-10-14 · oppose
4th hearing