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Click here to review the Housing
Element - General Information
Click here to review the Appeal of the Negative
Declaration - Summer 2004
Despite opposition from several San Francisco neighborhood organizations,
the San Francisco Housing Element has sailed through the Planning
Commission and the Board of Supervisors. The Housing Element is
a major part of San Francisco's General Plan that seeks to ensure
adequate housing for current and future San Franciscans.
Its chief proponent, Gerald Green, Director of the Planning Department
at that time, first presented the substance of the Housing Element
to Cow Hollow at our 2003 annual meeting. At that meeting, he forewarned
the members in attendance that the document would be controversial
and it certainly is.
The philosophical premise of the Housing Element is based on two
ideas:
(1) that the way to make housing in San Francisco more affordable
is to build more of it (up to 20,000 units). The single family residence
is an inefficient use of land and should be replaced with multi-family
buildings allowing for greater density at affordable prices, and
(2) a "public-transit first" policy takes precedence over
the current requirement of 1:1 off-street automobile parking considerations.
The plan has proven controversial because it threatens to increase
housing densities in residential neighborhoods like Cow Hollow without
an increase in parking, thus disturbing the neighborhood character.
Beyond that, this extensive plan to build 20,000 plus units was
done without an Environmental Impact Report (EIR), which is required
by State law. Despite the fact the Planning Department had EIRs
done in 1983 and 1990 for the previous Housing Elements, the Planning
Department simply issued what's called a Negative Declaration claiming
that any impacts on the environment would be speculative.
The Housing Element was also prepared without any input from the
neighborhoods that may be affected by the new policies. Although
the Coalition of San Francisco Neighborhoods (CSFN) did negotiate
amendments to the Housing Element with the Planning Department,
the appellants did not agree to those amendments and the effectiveness
of the amendments is doubtful.
For these reasons, and many others, neighborhood organizations
came together to appeal the Negative Declaration and to demand an
EIR. On May 13, 2004, the appellants, who included approximately
25 neighborhood organizations, testified at the Planning Commission
hearing in hopes that the Planning Commission would insist that
an EIR be prepared for the latest Housing Element.
However, the Planning Commission unanimously denied our appeal
and approved the Planning Department's decision to issue the Negative
Declaration in lieu of preparing an EIR. The Planning Commission
then heard arguments on the Housing Element itself. As expected,
the Commission approved the project without any consideration of
the appellants' arguments.
The appellants then appealed to the Board of Supervisors, requesting
an appeal of the Negative Declaration and the preparation of an
EIR. The hearing took place on June 29, 2004. Despite extensive
lobbying efforts, the appellants lost again with a 6-4 vote with
Supervisor Sandoval absent. Our votes came from Supervisors Hall,
Peskin, Ma and Alioto-Pier.
As it stands now, the appellants have written a letter to the State
Department of Housing and Community Development (HCD) detailing
why the Housing Element is not in compliance with state law. HCD
reviews the Housing Element for compliance. The appellants are raising
funds to commence a lawsuit to require an EIR before the City can
finalize or implement these new housing policies. The alliance of
neighborhoods has retained a noted environmental law specialist
to prepare the record and represent the appellants in the suit.
The lawyer will handle the lawsuit for a flat fee, which must be
raised quickly.
For further information and a more detailed analysis, visit the
Save Our Neighborhoods website at www.saveourneighborhoods.org.
If you would like to contribute to the lawsuit, you can complete
the form below and return it with your tax-deductible check payable
to Appeal Legal Fund, PHRA, 2443 Fillmore Street #192, San Francisco,
CA 94115. (Pacific Heights Residents Association is acting as depository).
In the event a lawsuit is not brought, your donation will be returned.
Name____________________________________________Phone________________
Address___________________________________________Zip Code____________
E-Mail___________________________________________FAX________________
Neighborhood Organization__________________________Amount_______________

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