The CCR that Prevents Meaningful Citizen Input

Read: Op-Ed in the Express-News

Update: D8 Councilman Pelaez met with T1NC members and then issued a formal memo to Department of Development Services (DSD) that states, in effect, that anyone submitting an external UDC amendment will not have to to the cost analysis.

Read Councilman Pelaez’s CCR Memo to DSD address the issues here.

What are the Unified Development Codes (UDC)?

The Unified Development Code (UDC) is extremely important to the residents of San Antonio as  these codes guide development in our city and neighborhoods. These codes determine such things as how high a building can be constructed in the middle of a one and two story residential street to storm water reviews that are triggered when projects are built. The UDC deals with issues of parking, short term rentals, zoning and permitted uses. These codes are now being reviewed with requests for amendments due by May 1, 2020: UDC Amendment process and timeline available here.

The people who live in San Antonio are directly affected by these codes and how they are amended. 

What is the CCR?

In November 14, 2018, Councilman Pelaez submitted a Council Consideration Request (CCR) which is the first step in creating an ordinance. It was signed by councilmembers from Districts 1, 3, 5, and 10.  The CCR, “The Development Regulations Review,” requires that amendments to the UDC must have an “economic impact analysis” to determine if the request costs developers more money, less money, or has no monetary impact at all. The “economic impact analysis”  must then be approved by the Planning Commission Technical Advisory Committee (PTAC) and the Planning Commission.  As part of the impact, the following items must be considered and documented: initial and long‐term maintenance costs; city cost (i.e. personnel costs and costs to enforce); Indicate and be able to rationalize the baseline (current costs) and the cost projections associated with the request.

Why this CCR restricts input from residents and advocates:

This requirement for an “economic impact analysis” is a barrier to public participation in that it places an onerous burden on citizens recommending code amendments. This requirement, which could soon be adopted by City Council in December 2019 as ordinance, violates the principles of inclusiveness and transparency as promoted by the Public Participation Principles adopted by City Council last year.

How this CCR is built on assumptions that are not accurate:

The CCR itself is built on the false premise that the City of San Antonio (COSA) has made project development difficult for developers through “recommendations that pertain to regulations on new construction of residences and commercial properties” by the SA Tomorrow Comprehensive Plan, the Housing Commission, and The Mayors Housing Policy Task Force (MHPTF). 

In fact, the Housing Commission goals reflect the goals of production and investment in affordable housing. The SA Tomorrow Comprehensive Plan and the MHPTF actually make building cheaper and easier through land use recommendations, corridor development plans and by building code recommendations. Through the implementation of the Mayors Housing Policy Task Force, code barriers to affordable housing are being addressed.  In addition, CoSA’s tax incentive and rebate programs, as well as their Fee Waiver Program help reduce the cost of development and make this CCR’s concerns seem disingenuous. 

What this CCR is really about:

What is most telling is the CCR accuses those “outside of DSD” as “placing additional pressures on the current review process.” This CCR seeks to relieve those “pressures” by silencing the voices of residents who live in neighborhoods. We are those “outside of DSD.” There are very few advocates outside of DSD that have the money or the staffing to do a cost analysis. For the good of our city, cost to developers should not be the only lens in which we view our UDC amendments. 

Why we can’t look at the UDC amendments through the lens of developer costs:

Development issues affect more than the financial bottom line for development. It also affects  community safety, equitability, and quality of life.  Developer demands, which have been the focus of City policy in the past, have resulted in suburban sprawl, one of the highest instances of income segregation in the country, and have endangered our water sources. Recently, our inner-city neighborhoods have experienced incompatible and expensive housing which has caused displacement, destruction of legacy homes which has destabilized our neighborhoods and communities, and severe flooding. Balance is needed as we move to meet the challenges of the future before we suffer more “unintended” consequences. 

Additionally, CoSA needs to consider, what Jessica O. Guerrero, community advocate and member of the Housing Commission, calls the “social cost impact fees,” which are the “costs related to displacement on the social services and taxes side.”

Developers have the Department of Developmental Services (who is overseeing the amendment process) and CoSA to advocate for their needs.  Who do we have to advocate for preserving our neighborhoods and protecting vulnerable communities except ourselves?  

 Tier One Neighborhood Coalition and others who are concerned about their neighborhoods advocate for compatible development and affordable housing that seeks to stabilize and maintain resilient and culturally-rich neighborhoods and communities.  There will be no balanced and thoughtful approach to the UDC amendment process if Councilman Pelaez’s CCR is adopted by City Council and a prohibitive burden is placed on residents and community groups advocating for the care of San Antonio residents.  This balance is important to a thriving and healthy city as well as to an inclusive and transparent UDC amendment process. 

This CCR will go to Council to be adopted in December. Please write or call your council member and the mayor to request that they do not adopt this CCR as ordinance.

DSD Academy is holding a workshop on the UDC amendment process on Saturday, November 16th at 9 a.m. at One Stop (1901 S. Alamo).

Sources:

Section 35-11(a) of the UDC – the Updated UDC Amendment Request Form with Cost Impact Statements.

Agenda Memorandum File Number: 19-7814 by DSD (Michael Shannon), October 21, 2019 as part of materials for the presentation to PCTAC.

Please attend for more information: