By John Bardis
Mayor Newsom has proposed some disturbing legislation. He wants whistleblower citizens to pay a $500 filing fee to exercise the right to request the Planning Commission to hold a public hearing on proposed construction projects that might violate the Planning Code.
What a shameful example of misguided legislation in San Francisco. It’s akin to the Mayor of Boston in 1775 requiring Paul Revere to pay a fee before he could ride to sound the alarm that “The British are coming!”
Instead of encouraging citizen participation in our democracy, the mayor is promoting a plutocracy. While residents in wealthier neighborhoods like Pacific Heights and Sea Cliff will be able to afford this proposed fee increase, its imposition discriminates against citizens living in the less affluent neighborhoods.
A Request for Discretionary Review is a cornerstone of the planning process. Residents can exercise their right to request a public hearing on a proposed construction project that might violate the city’s Planning Code or Master Plan.
Years ago, there was no fee for filing a Request for Discretionary Review. In those days, civic leaders welcomed volunteers who gave freely of their time to provide an invaluable service for our city by monitoring proposed construction projects to ensure they complied with the law — and blowing the whistle on developers violating the law.
Back then, all costs associated with processing a Request for Discretionary Review were logically and rightfully included as part of the fee charged for the filing of building-permit applications. City officials recognized that, since the submission of a questionable building permit application triggered the Request for Discretionary Review, it was only reasonable that the burden of all costs associated with the processing the request should fall on the developer.
This is not the case today. The city began requiring citizens to pay a fee for filing a Request for Discretionary Review, which presently is a ridiculous $300. And now Mayor Newsom has proposed to add insult to injury by increasing this fee by 67.5% to an absurd $500.
The mayor’s proposal penalizes less affluent citizens and neighborhoods by restricting their right to protest questionable developments by raising the financial hurdle for citizen participation. It discourages all citizens from participating actively in the city’s planning process by sending a punishing financial signal that their participation is not wanted.
On June 19, 2008 the Planning Department and Planning Commission ignored public protests over this fee increase and voted to recommend that the Board of Supervisors approve it.
At its meeting on Tuesday, July 15th, the Board of Supervisors will take up the mayor’s misguided proposal. The mayor and our city officials should encourage rather than discourage and penalize San Franciscans – our citizen volunteer “Paul Reveres” who sound the alarm about possible code violations that make possible the lawful implementation of San Francisco’s Planning Code.
The Board of Supervisors should reject the 67.5% fee increase – if not the entire fee altogether! The Board should amend the legislation to recover any such costs associated with the filing of a Request for Discretionary Review by making an appropriate increase the fees charged for building permit applications.
John Bardis is a former San Francisco Supervisor and former President of the Coalition San Francisco Neighborhoods..