Appeals Court Orders City to Create EIR for Housing Element of General Plan

By Paul Kozakiewicz

Neighborhood groups won a major victory at the end of June when the First District Court of Appeals ruled the City had to create a new Environmental Impact Report (EIR) for modifications made to the housing element of the city’s General Plan.

The 3-judge panel ruled changes being sought by the City, including reducing parking spaces at new and remodeled projects and increasing housing density, were potentially significant and should be investigated further.

The City had claimed the changes were minor modifications to the existing plan, and thus didn’t trigger an environmental review. The trial judge agreed with the City but the Appeals Court saw it differently.

It is unknown if the City will appeal directly to the state’s Supreme Court or require the EIR to be commenced.

In 2005, Superior Court Judge Ronald Quidachay sided with the City, saying changes to the housing element were minor.

But the appeals court said in a unanimous decision that the changes were significant enough to trigger an EIR.

The court determined a reduction in parking spaces and an increase in housing density could lead to more traffic congestion on city streets, more noise, and more air pollution. It also determined the housing plan could change the “aesthetic quality” of neighborhoods throughout the City.

The lawsuit was filed by San Franciscans for Livable Neighborhoods, an umbrella group that is comprised of more than a dozen community organizations.

The SF Planning Commission gave approval to update the General Plan in 2004 to reflect a need to build around 2,700 units of housing a year, which is the amount the Association of Bay Area Governments (ABAG) estimates is needed to meet upcoming demands.

The state and federal governments are putting pressure on city officials to increase the amount of housing in the City. Federal grants are now tied into the development of housing in transit corridors, such as Geary Boulevard.

According to attorney Kathryn Devincenzi, who represented the Livable Neighborhoods group, the ruling to require an EIR will shed light on the possible consequences of moving forward with the plan, including potential negative effects for neighborhood merchants.

“This is the opening wedge … to Manhattanization,” she said.

Devincenzi told the judges that the city’s plan was a new one – not a minor modification of its existing plan – and that groups in the west side of San Francisco were excluded from discussions concerning the housing element changes to the General Plan. The EIR is also a document for accountability, she said, which would allow local residents an opportunity to comment.

In response to the relaxing of parking spaces in the city’s general plan, a loss of parking spaces throughout the City, and the need for more parking for local merchants, a coalition of neighborhood groups is getting petitions signed to put parking measure on the November ballot.

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