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Articles by Daniel Gershwin
Family Zoning and SB 79 in Court: What’s Next for San Francisco Housing?
San Francisco is facing three lawsuits in Superior Court (the local trial court) challenging its recent efforts to implement state housing legislation, on different legal theories and from different ends of the NIMBY/YIMBY spectrum. The outcome of any one of these suits could have significant implications for developers seeking to introduce new residential uses or maximize density within the City.
San Francisco’s Family Zoning Plan: What Developers Need to Know | JD Supra
After months of hearings, numerous proposed amendments, and substantial public comment for and against, the San Francisco Family Zoning Plan passed by a 7-4 vote at the Board of Supervisors, and was approved by Mayor Lurie on December 12. At a high level, the Family Zoning Plan is intended to provide zoning capacity for 36,000 new housing units, as part of San Francisco’s implementation of its 2023-2031 Housing Element.
As San Francisco Fails to Meet Its Housing Goals, the City’s Approval Process for Housing Projects Just Got Much (Much) Faster and Easier | JD Supra
As expected, on June 28, the California Department of Housing and Community Development (HCD) determined that San Francisco has not made adequate progress toward its State-mandated housing production goal. The City’s Housing Element—which it adopted and HCD certified in January 2023, just in time to avoid triggering certain penalties under the State Housing Element Law (see earlier post here)—sets forth the City’s plan to approve 82,000 units over an eight-year period ending in January 2031.
As San Francisco Fails to Meet Its Housing Goals, the City’s Approval Process for Housing Projects Just Got Much (Much) Faster and Easier
As expected, on June 28, the California Department of Housing and Community Development (HCD) determined that San Francisco has not made adequate progress toward its State-mandated housing production goal. The City’s Housing Element—which it adopted and HCD certified in January 2023, just in time to avoid triggering certain penalties under the State Housing Element Law (see earlier post here)—sets forth the City’s plan to approve 82,000 units over an eight-year period ending in January 2031.
San Francisco Adopts New Land Use Controls for Fleet Charging and Parcel Delivery Service Uses | JD Supra
The San Francisco Board of Supervisors recently amended the Planning Code’s controls to further regulate Fleet Charging and Parcel Delivery Service uses, primarily affecting Production, Distribution, and Repair (PDR) zoning districts. Below, we provide an overview of the legislative changes. Fleet Charging Background Fleet Charging[i] describes facilities that exclusively serve commercial or institutional vehicular fleets, including autonomous vehicles.
San Francisco Adopts New Land Use Controls for Fleet Charging and Parcel Delivery Service Uses
The San Francisco Board of Supervisors recently amended the Planning Code’s controls to further regulate Fleet Charging and Parcel Delivery Service uses, primarily affecting Production, Distribution, and Repair (PDR) zoning districts. Below, we provide an overview of the legislative changes. Fleet Charging Background Fleet Charging[i] describes facilities that exclusively serve commercial or institutional vehicular fleets, including autonomous vehicles.
March 2024 Election: San Francisco Measures and a State Proposition to Watch | JD Supra
Voters in San Francisco and California will again confront a formidable ballot during the election on March 5, 2024, with an array of qualified City measures and one state proposition to consider. Key measures related to real estate and housing are as follows: San Francisco Proposition A (Affordable Housing Bonds): Proposition A would allow the City to borrow up to $300 million by issuing general obligation bonds to construct, develop, acquire, and/or rehabilitate affordable housing.
Under the State Microscope, San Francisco Implements Its Housing Element and Avoids De-Certification | JD Supra
Throughout 2023, the State’s Department of Housing and Community Development (HCD) loomed large in San Francisco land use policy and politics. In January 2023, the City adopted and HCD certified a new Housing Element setting forth San Francisco’s plan for approving and building a State-mandated 82,000 new housing units over the next eight years (see earlier post).
Under the State Microscope, San Francisco Implements Its Housing Element and Avoids De-Certification
By Dan Gershwin and Stephanie Straka Throughout 2023, the State’s Department of Housing and Community Development (HCD) loomed large in San Francisco land use policy and politics. In January 2023, the City adopted and HCD certified a new Housing Element setting forth San Francisco’s plan for approving and building a State-mandated 82,000 new housing units over the next eight years (see earlier post).
2023 Housing Legislation Overview – Major Signed and Pending Bills | JD Supra
The 2023 California Legislative Session, which closed on September 14, was dominated yet again by efforts to address the state’s continued housing crisis. For the last several years, we have written about many bills enacted with the goal of increasing housing production. Although these efforts have helped move the state toward its housing goals, the practical results—new units of housing built—have been slower to materialize than many have hoped.
2023 Housing Legislation Overview – Major Signed and Pending Bills - Coblentz Law
The 2023 California Legislative Session, which closed on September 14, was dominated yet again by efforts to address the state’s continued housing crisis. For the last several years, we have written about many bills enacted with the goal of increasing housing production. Although these efforts have helped move the state toward its housing goals, the practical results—new units of housing built—have been slower to materialize than many have hoped.
San Francisco’s “Housing Fee Reform Plan” Passes at Board of Supervisors, Awaits Mayor’s Signature | JD Supra
On September 5, the San Francisco Board of Supervisors finally passed on second reading two pieces of legislation, together referred to as the “Housing Fee Reform Plan.” The Plan, previously discussed on July 7, July 21, and July 31, plays a key role in implementing Mayor Breed’s “Housing For All” Executive Directive, reducing inclusionary housing requirements and development impact fees for both new and pipeline projects.
San Francisco’s “Housing Fee Reform Plan” Passes at Board of Supervisors, Awaits Mayor’s Signature
On September 5, the San Francisco Board of Supervisors finally passed on second reading two pieces of legislation, together referred to as the “Housing Fee Reform Plan.” The Plan, previously discussed on July 7, July 21, and July 31, plays a key role in implementing Mayor Breed’s “Housing For All” Executive Directive, reducing inclusionary housing requirements and development impact fees for both new and pipeline projects.
San Francisco Housing Fee Reform Plan Passes at Board of Supervisors | JD Supra
On July 25, the Board of Supervisors passed on first reading the “Housing Fee Reform Plan” legislation (see previous posts here and here). The Board is expected to hold a second reading and finally pass the legislation in September after returning from summer recess. The legislation consists of two ordinances.
San Francisco Housing Fee Reform Plan Passes at Board of Supervisors
On July 25, the Board of Supervisors passed on first reading the “Housing Fee Reform Plan” legislation (see previous posts here and here). The Board is expected to hold a second reading and finally pass the legislation in September after returning from summer recess. The legislation consists of two ordinances.
San Francisco Inclusionary Housing and Development Impact Fee Reform Legislation Nears Passage at Board of Supervisors | JD Supra
The “Housing Fee Reform Plan” legislation, which we reported on previously, is heading back to the Board of Supervisors next week. On Monday, July 24, the Board’s Land Use and Transportation Committee will consider the two ordinances, which cover inclusionary housing changes and impact fee reform. Committee Chair Melgar has deemed the ordinances urgent and has requested that they go to the full Board as committee reports the following day, Tuesday, July 25.
San Francisco Inclusionary Housing and Development Impact Fee Reform Legislation Nears Passage at Board of Supervisors
The “Housing Fee Reform Plan” legislation, which we reported on previously, is heading back to the Board of Supervisors next week. On Monday, July 24, the Board’s Land Use and Transportation Committee will consider the two ordinances, which cover inclusionary housing changes and impact fee reform. Committee Chair Melgar has deemed the ordinances urgent and has requested that they go to the full Board as committee reports the following day, Tuesday, July 25.
Legislation Introduced to Reduce San Francisco Inclusionary Housing Requirements and Reform Development Impact Fees | JD Supra
In furtherance of Mayor London Breed’s “Housing For All” Executive Order issued in February (see earlier post here) and San Francisco’s daunting directive to produce 82,000 new housing units over the next 8 years (see earlier posts here and here), at the June 27, 2023, Board of Supervisors hearing, Mayor Breed and Board President Peskin introduced two pieces of legislation, together referred to as the “Housing Fee Reform Plan.” To reduce financial roadblocks to “pipeline,” or already approved...
Legislation Introduced to Reduce San Francisco Inclusionary Housing Requirements and Reform Development Impact Fees
In furtherance of Mayor London Breed’s “Housing For All” Executive Order issued in February (see earlier post here) and San Francisco’s daunting directive to produce 82,000 new housing units over the next 8 years (see earlier posts here and here), at the June 27, 2023, Board of Supervisors hearing, Mayor Breed and Board President Peskin introduced two pieces of legislation, together referred to as the “Housing Fee Reform Plan.” To reduce financial roadblocks to “pipeline,” or already approved...
Legislation to Incentivize Commercial to Residential Adaptive Reuse Projects Moves Forward | JD Supra
At the June 13, 2023 Board of Supervisors hearing, the “Commercial to Residential Adaptive Reuse and Downtown Economic Revitalization” legislation was introduced.
Legislation to Incentivize Commercial to Residential Adaptive Reuse Projects Moves Forward
At the June 13, 2023 Board of Supervisors hearing, the “Commercial to Residential Adaptive Reuse and Downtown Economic Revitalization” legislation was introduced.
San Francisco Planning Commission Recommends Approval of Legislation to Further Ambitious “Housing For All” Plans and Downtown Economic Revitalization | Coblentz Patch Duffy & Bass - JDSupra
In response to Mayor London Breed’s recent Executive Directive, titled “Housing For All,” on May 4, 2023, the San Francisco Planning Commission voted to recommend that the Board of Supervisors approve a package of Planning and Building Code amendments intended to spur reinvestment in the City’s commercial core.
Update on San Francisco Housing Element Implementation | JD Supra
On April 28, 2023, the Planning Commission received an informational presentation from Planning Department staff regarding its work to implement the City’s recently adopted Housing Element Update.
San Francisco Planning Commission Recommends Approval of Legislation to Further Ambitious “Housing For All” Plans and Downtown Economic Revitalization - Coblentz Law
In response to Mayor London Breed’s recent Executive Directive, titled “Housing For All,” on May 4, 2023, the San Francisco Planning Commission voted to recommend that the Board of Supervisors approve a package of Planning and Building Code amendments intended to spur reinvestment in the City’s commercial core.
Update on San Francisco Housing Element Implementation
On April 28, 2023, the Planning Commission received an informational presentation from Planning Department staff regarding its work to implement the City’s recently adopted Housing Element Update.
State Seeks to Curb Appeals of Residential Building Permits in San Francisco | JD Supra
The land use entitlement process in California is notoriously complicated, lengthy, and fraught with uncertainty. Less attention is paid to the process of receiving building permits, post-entitlement. Generally, this process is more straightforward because the local agency’s review is limited to ensuring state and local building code compliance. Accordingly, the issuance of building permits is typically a ministerial act, not subject to the discretion of city or county officials and not appealable.
State Seeks to Curb Appeals of Residential Building Permits in San Francisco
The land use entitlement process in California is notoriously complicated, lengthy, and fraught with uncertainty. Less attention is paid to the process of receiving building permits, post-entitlement. Generally, this process is more straightforward because the local agency’s review is limited to ensuring state and local building code compliance. Accordingly, the issuance of building permits is typically a ministerial act, not subject to the discretion of city or county officials and not appealable.
With Preliminary Approval from the State in Hand, the San Francisco Board of Supervisors Adopts an Updated Housing Element | JD Supra
On January 31, the San Francisco Board of Supervisors unanimously and finally approved an updated Housing Element, on the schedule we referenced in our prior post. The City had obtained a compliance letter from the California Department of Housing and Community Development (HCD) on January 20, which confirmed that the City’s final draft element “meets the statutory requirements” and will comply with State Housing Element Law when it is submitted to and approved by HCD.
San Francisco Housing Element Moves Forward as State Deadline Looms | JD Supra
San Francisco appears to be on track to meet the state’s deadline for adoption and certification of its Housing Element, with a final vote at the Board of Supervisors scheduled for January 31, the last possible day to remain in compliance under state law. On December 15, the Planning Commission reviewed a draft of the Housing Element and recommended adoption of a version updated at the hearing to reflect input from the state.
Bay Area Regional Housing Needs Allocation (RHNA) Plan Nearly Final, Appeals Hearings Ongoing | JD Supra
The Association of Bay Area Governments (ABAG) is finalizing its Regional Housing Needs Allocation Plan (RHNA Plan) for the sixth housing element cycle (2023-2031), which allocates a total of over 440,000 housing units across all Bay Area cities and counties, more than double the allocation from the prior 2015-2023 cycle. Notably, 27 Bay Area cities and counties have appealed to ABAG to reduce their draft RHNA allocations.
San Francisco Board of Supervisors Adopts Further Commercial Tenant Relief in Response to COVID-19 Pandemic | JD Supra
The COVID-19 pandemic continues to affect the commercial real estate market, and the San Francisco Board of Supervisors is pursuing relief for certain categories of commercial tenants, including adoption of an ordinance creating a rebuttable presumption that a commercial tenant’s legally required shutdown excuses rent owed for the shutdown period.
San Francisco Kicking Off General Plan Update Process: Virtual Workshops Available | JD Supra
The San Francisco Planning Department is updating the City’s General Plan, and Department staff will be holding a two-week series of online workshops on the proposed General Plan updates beginning Monday, March 15th. All development projects must be consistent, on balance, with the General Plan’s objectives and policies, so these updates are of high interest for San Francisco developers.
UPDATE – Status of Eviction Moratoriums Protecting Residential and Commercial Tenants in Response to COVID-19 Pandemic | JD Supra
Since we last reported on this topic, many of the residential and commercial eviction moratoriums that were enacted in response to the COVID-19 pandemic have been amended, replaced and/or extended. These moratoriums are generally set to expire on June 30, 2021. Depending on how COVID vaccination and the broader economic recovery play out in the coming months, these moratoriums may be further extended.
Prop H Brings Swift Approvals & More Flexibility to Many of San Francisco’s Retail Corridors | JD Supra
The Planning Department has a December 19 deadline to implement the small business streamlining provisions of Proposition H, which was approved by the voters last month. Proposition H expedites the approval process for principally permitted uses in Neighborhood Commercial (NC) and Neighborhood Commercial Transit (NCT) districts and relaxes zoning controls for a variety of businesses in most NC and NCT districts.
Election Results: Key San Francisco and California Ballot Measures Impacting Real Estate | JD Supra
In late October, we reported on a number of California, San Francisco, and regional propositions, including measures impacting real estate and other taxes, rent control, affordable housing, permits, and governance.
Another Daunting San Francisco Ballot | JD Supra
San Francisco voters will again confront a formidable ballot on November 3, 2020, with 13 San Francisco propositions to consider in addition to state and federal offices and measures. The local propositions address an array of topics, including governance, affordable housing, taxes, and permits. Some of the key measures impacting San Francisco businesses are summarized below. Except where indicated, the measures require a simple majority vote to pass.
California State Ballot Includes Major Property Tax, Rent Control Measures | JD Supra
While the focus in November is on the top of the ticket, Californians also face a long list of ballot measures. Here we focus on three major measures that impact California real estate: Propositions 15, 19 and 21. Proposition 15: Split Roll Tax for Commercial/Industrial Properties. Proposition 15 would remove certain limitations established under Proposition 13 (passed in 1978) that place a 2 percent cap on increases to assessed property values.
Farewell to Costa-Hawkins Agreements for On-Site Affordable Rental Units in SF | JD Supra
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Governor Brown Signs Major Housing Package Into Law
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Compromise Inclusionary Legislation Set for Final Approval
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Board of Supervisors to Consider Compromise Inclusionary Housing Legislation
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Ting Density Bonus Legislation Now Limited to San Francisco
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