Revised Mission Interim Controls Return to Planning Commission

On January 14, 2016 the Planning Commission adopted revised Mission Interim Controls that planning staff has been working on over the past 7 months.  The Interim Controls will apply to all projects in the Mission District (that have not received entitlements by January 14, 2016, excluding projects with less than 25 dwelling units or 25,000 gross sq. ft.  This would capture all pipeline projects that have not been reviewed by the Planning Commission. (The boundaries of the Mission District are 13th and Division Streets to Mission Street, to Cesar Chavez, to Potrero Avenue, and back to 13th and Division Streets – except that the Mission Street boundary would include any parcel with a property line on either side of Mission Street.)

Following is a table summarizing the adopted Interim Controls.  The information described below is intended to supplement the information currently required by the Planning Code for pending and future projects.

1. Loss of one or more rent-controlled dwelling unit.

Projects must meet a majority (at least four) of the following criteria:

* Free of serious, continuing Code violations;

* Maintained as decent, safe and sanitary housing;

* Does not convert rental to other forms of tenure;

* Conserves existing housing to preserve neighborhood diversity;

* Protects relative affordability of existing housing;

* Increases permanent affordable housing stock; and 

* Increases family-sized housing stock.

2. Medium Projects.

Projects which provide either:

* Net addition or new construction of between 25,000 and 75,000 gross sq. ft. (if non-residential), or 

* Between 25 and 75 dwelling units.

The application is required to submit the following additional information:

* Housing Production:  Maximum allowable density, proposed density or project, and evaluation of project’s ability to effectively house future residents;

* Affordable Housing Production:  Analysis of project alternatives and feasibility of additional affordable housing;

* Housing Preservation:  Discussion of existing housing on site;

* Tenant Displacement:  Disclosure of eviction and buyout history at the site; and 

* Proximal Development:  Discuss proposed and recent projects within ¼ mile radius of the site.

3. Medium Projects that displace PDR – including institutional, recreation, arts and entertainment uses.

In addition to the above, the following information will also be required if PDR displacement is proposed:

* Relocation Assistance:  In non-PDR zoning districts, discuss last known use and relocation benefits provided to previous tenant; or 

* Business & Community Building-Uses: If no relocation benefits were offered, discuss potential impacts to the community; and

* Inventory of Similar Uses: Discussion of existing businesses within the neighborhood that are similar to the use being displaced;

* Non-Residential Displacement: Discuss existing businesses and non-profit organizations that will be displaced by the project and within the last 12 months.

4. Large Projects.

Projects that include the:

Net addition or new construction of 75,000 gross sq. ft. (if non-residential) or more than 75 dwelling units.

The applicant is required to submit the following additional information:

* Demographic Changes: Discussion and evaluation of socio-economic characteristics and effects of the project on the neighborhood;

* Economic Pressure: Discussion and evaluation of additional housing supply provided by the project and resulting indirect and direct displacement;

* Housing Production: Maximum allowable density, proposed density and evaluation of projects ability to effectively house future residents (the additional net supply of housing units);

* Affordable Housing Production: Analysis of project alternatives and feasibility of additional affordable housing; and

* Tenant Displacement: Eviction and buyout history.

5. Large Projects that displace PDR – including institutional, recreation, arts and entertainment.

In addition to the above, the following information will also be required if PDR displacement is proposed:

* Relocation Assistance: In non-PDR zoning districts, discuss last known use and relocation benefits provided to tenant; or

* Business & Community Building-Uses: If no relation benefits were offered, discuss potential impacts to the community;

* Jobs & Economic Profile: Discuss economic and fiscal impacts and their benefits to area residents;

* Available Space in the Mission: Discuss availability of vacant space to replace use type being lost;

* Affordability of Community Building Uses: Assess affordability of community-building uses; and

* Non-Residential Displacement: Discuss existing businesses and non-profit organizations that will be displaced by the project and within the last 12 months.    

The Interim Controls will be in effect for 15 months commencing on Jan. 14, 2015.   Much of the required additional information required by the Interim Controls set forth above regarding affordable housing production, availability of space in the Mission, and displacement is already available in existing studies and reports maintained by the Planning Dept., and citations to the existing reports will be acceptable to meet the requirements.  Required information not contained in existing reports shall be based upon independent study by a qualified professional. To determine which projects are “Projects that replace PDR”, the Planning Dept. will look back a maximum of 3 years for PDR uses.  If another use has replaced PDR, or if PDR has been abandoned for 3 years or more, the project will not be considered to replace PDR.   

The following projects will be exempt from the Interim Controls:

1. 100% affordable projects;

2. Residential and mixed-use projects that (a) provide at least 33% of the units as affordable for households of low and moderate income, or (b) provide a dedication of land to the Mayor’s Office of Housing for a project that will result in 33% of the units as affordable for households of low and moderate income; and

3. Production, distribution, and repair uses if exclusively PDR, or that are mixed-use and include PDR uses and meet either of the two criteria above.

 New LPA and Conditional Use Requirements

a. Loss of Rent-Controlled Units – any project that would result in the loss of one or more rent-controlled residential units shall require conditional use authorization.

b. Medium Projects – any residential or mixed-use project that is between 25,000 and 75,000 gross sq. ft. of non-residential use or has between 25-75 units shall require a Large Project Authorization (LPA), unless the project is already required to obtain a conditional use authorization, in which case the additional information described above shall be considered by the Planning Commission as part of the Conditional Use application.

c. Large Projects – any residential or mixed-use project that would include the net addition or new construction of 75,000 gross sq. ft. or includes more than 75 dwelling units shall require conditional use authorization.  The application shall include the information set forth in the chart above. 

The issues discussed in this update are not intended to be legal advice and no attorney-client relationship is established with the recipient.  Readers should consult with legal counsel before relying on any of the information contained herein.  Reuben, Junius & Rose, LLP is a full service real estate law firm.  We specialize in land use, development and entitlement law. We also provide a wide range of transactional services, including leasing, acquisitions and sales, formation of limited liability companies and other entities, lending/workout assistance, subdivision and condominium work.