EIR and major changes in the 2009 Housing Element
After several sessions of arguments on the merits, Judge Teri Jackson ruled that the 2009 Housing Element EIR’s discussion of alternatives was inadequate and the City’s Findings rejecting alternatives were conclusive and inadequate. The judge rejected all other grounds of inadequacy that neighborhoods’ attorney Kathy Devincenzi raised.
Since the City Attorney was allowed to prepare the Order Granting in Part and Denying in Part Petition for Writ of Mandate, the grounds on which Kathy succeeded appear far into the document that was ﬁnally signed on December 19, 2013. Kathy ﬁled numerous objections to the inaccurate and erroneous statements that the City Attorney included in the document.
There will be a hearing at the Planning Commission to take comments on the EIR revision on Thursday January 23, 2014. Kathy needs all of us to attend the hearing along with others from our neighborhoods.
Kathy and the core group will give us talking points before the hearing, but we need to immediately work on lining up our speakers. Rose Hillson from Jordan Park has graciously volunteered to help organize the turn-out.
The Peremptory Writ of Mandate in the action contesting the EIR for the 2009 Housing Element annuls the certiﬁcation of the EIR, the City’s approval of the 2009 Housing Element and prohibits the City from implementing the 2009 policies that will have potential physical environmental impacts.
The Writ is still in effect as to the 2004 Housing Element.
We can’t emphasize enough how vitally important this is!
This is the major Housing Element decision for the next 50 years of what SF will become!
We will not likely see another Housing Element that isn’t based on this decision.
…Rose Hillson (JPIA)
Agenda Item 15. 2007.1275E (S. SMITH: (415) 558-6373)
SAN FRANCISCO 2004 AND 2009 HOUSING ELEMENT – Public Hearing on revised sections of the Draft Environmental Impact Report – The Housing Element is a policy document that consists of goals and policies to guide the City and private and non-profit developers in providing housing for existing and future residents to meet projected housing demand. The Environmental Impact Report for the 2004 and 2009 Housing Element was certified on June 21, 2011, and the Board of Supervisors adopted the Housing Element under Ordinance 108-11 as the Housing Element of the General Plan. Pursuant to a recent court order regarding the 2004 and 2009 Housing Element EIR, the Planning Department has revised Chapter VII Alternatives, and has recirculated the partially revised EIR for public review.
Preliminary Recommendation: None – No Action Required
NOTE: Written comments will be accepted at the Planning Department’s offices until the close of business on February 3, 2014.