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Planning Commission votes 4‑3 to delegate state density‑bonus approvals to planning director, adds reporting safeguards

December 14, 2023 | San Francisco City, San Francisco County, California


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Planning Commission votes 4‑3 to delegate state density‑bonus approvals to planning director, adds reporting safeguards
The Planning Commission voted on Dec. 14 to adopt a resolution delegating administrative authority to the Planning Director to make findings necessary for waivers and concessions under the state density bonus law for projects that do not require additional entitlements. The vote passed 4‑3, with Commissioners Braun, Diamond, Koppel and President Tanner voting aye and Commissioners Ruiz, Imperial and Moore voting no.

Aaron Starr, manager of legislative affairs, told the commission the resolution mirrors SB 423 language and is intended to streamline processing while preserving oversight for projects that involve recent tenant occupancy or demolition: "The resolution delegates the planning commission's authority to review and approve applications for state density bonus projects under §206 for projects that do not require any additional entitlement from the commission unless the site was previously used for housing that was occupied by tenants and was demolished within the past 10 years," Starr said.

Public commenters objected strongly, saying delegation would remove public visibility and "passive enforcement" that currently helps surface misrepresentations about tenant occupancy. Jerry Drentler told the commission: "If the planning commission delegates its authority to review these projects, the projects will no longer be visible to the public and subject to planning commission and public oversight and comment." Community groups including the San Francisco Land Use Coalition and Faith in Action urged the commission to retain review.

In response to those concerns, commissioners added two measures to increase transparency: a weekly oral report from the director listing addresses and basic details of submitted state density bonus projects, and a publicly accessible web page mapping those projects. President Tanner framed both as ways to balance streamlining and oversight.

Commissioner Moore, who voted no, said the change risks reducing the commission's deliberative role and urged stronger procedures to preserve public input. The resolution passed 4‑3 with the adopted amendments.

Next steps: the Planning Department staff said they will create the proposed web resource and include weekly oral updates to the commission as part of the director's reports.

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