The San Francisco Planning Director issued a Bulletin in December 2017 explaining how SB 35 will be implemented locally now that it is effective, as of January 1, 2018. Among other things, the Bulletin includes a new ministerial Planning Code exception process for qualifying 100% affordable housing projects.
On October 6, 2017, Governor Brown approved Assembly Bill (AB) 246, extending certain CEQA litigation streamlining provisions under the Jobs and Economic Improvement Through Environmental Leadership Act of 2011 (the Act) for two years. The Governor may now certify projects as eligible for streamlining until January 1, 2020. Projects that are certified for streamlining have until January 1, 2021 to complete the CEQA process and obtain project approval.
The Act provides three key litigation streamlining benefits to qualifying projects:
The California Court of Appeal for the Sixth Appellate District recently held, in Aptos Council v. County of Santa Cruz, 10 Cal. App. 5th 266 (2017) that environmental review under the California Environmental Quality Act (CEQA) need only analyze environmental impacts of development resulting from a zoning amendment if the development is reasonably foreseeable. This decision provides helpful guidance to municipalities considering zoning and land use plan amendments that permit development at higher densities.
On August 4, the San Francisco Planning Commission took two actions to move forward the establishment of a citywide Transportation Demand Management (TDM) Program designed to shift San Franciscans out of cars and onto sidewalks, bicycles and public transit. The Planning Commission recommended that the Board of Supervisors approve an ordinance creating the citywide TDM Program, and simultaneously adopted TDM Program Standards to take effect if the Board of Supervisors approves the TDM Program ordinance.