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IMPARTIAL SUMMARY
BY SHARON M. TSO, CHIEF LEGISLATIVE ANALYST
This measure proposes changes to the City’s planning and land use management. The
measure would specify in the City Charter (Charter) the authorities and duties of the City
Planning Department and Director of Planning, while concurrently modifying the authority of
City Council to review planning and land use matters and replacing the seven Area Planning
Commissions with a single new Neighborhood Appeals Commission.
The City governs planning and land use through the Charter (City’s constitution) and
ordinances (City laws). The Charter is the foundational document that establishes the
powers and duties of key decisionmakers, which include the City Planning Department, City
Planning Commission, Area Planning Commissions, Director of Planning, Office of Zoning
Administration, the City Council and the Mayor. The Charter also establishes the processes
and appeal rights for certain land use entitlements including General Plan Amendments,
zone changes, variances, conditional use permits and similar quasi-judicial approvals.
This measure would:
● Replace the seven Area Planning Commissions (APCs) and their 35 Commissioners
with a single, new Neighborhood Appeals Commission (NAC) with at least seven
members, subject to qualification requirements concerning geographic or other
representation to be defined by ordinance, and grant the NAC the power to hear
administrative appeals and consider those appeals anew and without deference to
earlier decisionmakers. This will eliminate the APC system that has been in place
since the current Charter became effective in July 2000 and return the City to an
oversight and decision-making structure that mirrors one that existed prior to 2000
which consisted of a single, five-member quasi-judicial body, the Board of Zoning
Appeals.
● Specify in the Charter the responsibilities of the City Planning Department and
Director of Planning by amending the Charter’s section on the Office of Zoning
Administration to grant the Department authority over quasi-judicial applications
and the Director of Planning authority to appoint staff beyond the Office of Zoning
Administration to perform the duties of quasi-judicial review, as authorized by
ordinance.
● Remove Charter sections that establish the processes and appeal rights for
certain land use entitlements including General Plan Amendments, zone changes,
variances, conditional use permits and similar quasi-judicial approvals, and
delegation of legislative authority, thereby authorizing such matters to be governed
by ordinance.
● Make changes to the existing process for City Council to assert jurisdiction in
planning and land use matters. This measure will: (1) create a 30-day time limit for
the City Planning Commission or Neighborhood Appeals Commission to concur
with or dissent from City Council upon remand, after Council asserts jurisdiction;
(2) require the Commissions’ action on remand to be referred to City Council for
a final vote; and (3) require City Council to act within 21 days or the action of
the Commission becomes final. City Council’s authority to assert jurisdiction in the
planning and land use context is unique in that Council has the ability to act in place
of the underlying Commission upon asserting jurisdiction.
● Deem General Plan Amendments automatically approved if City Council does
not act within 75 days of approvals by the Mayor and City Planning Commission.
This measure will: (1) replace current City law which provides for an automatic
disapproval of the General Plan Amendment if the City Council does not take
action on the matter, and (2) codify the 75-day time limit for City Council to act,
which already exists in City law, in the Charter.
● Allow the City Council to change the Floor Area Restriction limitation by ordinance.
The Charter currently imposes a floor area limit of 13 times the buildable area of
a site.
This measure will become effective if approved by a majority of voters.