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Supervisors Vote to Legalize New Accessory Units Citywide

On Tuesday July 19, the Board of Supervisors voted to 10-1 to legalize new accessory units in buildings citywide.

accessoryunit

In May, two separate ordinances were introduced to legalize accessory units citywide. One was sponsored by Supervisor Peskin, and the other is by Supervisors Wiener and Farrell. The supervisors merged their ordinances into a compromise version, which won the support of 10 of the 11 Supervisors, with Supervisor Norman Yee as the sole ‘no’ vote.

This ordinance is the boldest move yet in the campaign to legalize accessory units in San Francisco. Livable City has long advocated for accessory units, and has authored and advocated for several legislative changes that protect existing units and permit new ones. Accessory units, also known as in-law units, add rent-controlled housing in existing buildings. They expand and diversify neighborhood housing options while preserving existing residential buildings. To permit accessory units, the City must allow exceptions from residential density limits and from parking and private open space requirements. New units must still meet all building and housing code requirements. This allows for more living spaces without changing the look and feel of the building or neighborhood.

The new ordinance would allow new units in existing buildings across the city. It allows one new unit in buildings of of four or fewer units, and no limit on the number of units that can be added to larger buildings.  It allows accessory units some minor expansion of the building envelope into ground-floor light wells and under projecting upper stories for accessory units. Buildings undergoing earthquake safety retrofits can be lifted up to 3 feet to create habitable ground-floor spaces. To reduce speculative pressure on rental buildings, units added under this ordinance can generally not be converted to condominums in the future. However buildings that are currently condominiums can add new condominium units.

The ordinance requires one more reading at the Board of Supervisors, and then will go to the Mayor for his signature. The ordinance will go into effect 30 days after the Mayor signs it. The Planning Department announced it will start outreach and marketing this summer to encourage eligible building owners to add accessory units.

Starting in the 1950s, San Francisco’s zoning began to restrict adding new units to existing buildngs by imposing density limits and off-street parking requirements. Many property owners added units without permission, and these unauthorized units may number in the tens of thousands. Supervisor Peskin had introduced a citywide ordinance in 2004. The measure wasn’t approved then, but has been the template for smaller-scale ordinances over the past two years. In 2013 Supervisor Chiu’s ordinance allowed unauthorized one unit per lot to be legalized. Last year, the Board of Supervisors legalized new accessory units in buildings undergoing earthquake safety retrofits, which was first proposed by Livable City.  Supervisors Wiener and Christensen championed legaliztion of new units in districts 3 (Chinatown, North Beach, Russian Hill, Nob Hill, and the Northeast Waterfront) and 8 (Castro, Noe Valley, Mission Dolores, Glen Park, and Diamond Heights). The earthquake safety program allowed buildings to be lifted up to three feet to create habitable rooms, and didn’t limit the number of units per building. The programs in Districts 3 and 8 didn’t allow any increase in building height, and limited the number of units that can be added to a building. As of last month, 72 applications for 130 units were filed under the earthquake safety program, and 10 applications in Districts 3 and 8.

 

Ridge Lane, SF’s Newest Street Park

New benches on the first block of Rdige Lane
New benches on the first block of Ridge Lane

On Saturday June 18, neighbors and city officials dedicated the first block of a new street park on Ridge Lane in the City’s Ocean View neighborhood. The project transformed a dirt path on a narrow public right-of-way into a linear park, with an accessible path, new lighting, benches, and landscaping. It was designed by Nahal Sohbati and Eric Arneson, landscape design students at Academy of Art.

Ridge Lane Neighbors have been working for over four years to improve Ridge Lane, and intend for this to be the first block of four, extending from Howth Street to San Jose Avenue. At the dedication, Mohammed Nuru, director of the Department of Public Works, committed to completing a second block in the coming year. When complete, the street park will provide a green connection to the Balboa Park Station, allowing neighbors and visitors to enjoy public gardens, places to sit, and vista spots with expansive views on the way to the station.

Ridge Lane is the newest of over 130 street parks in San Francisco. Street parks are public open spaces located in street rights-of-way. Many street parks are on rights-of-way too narrow or too steep for autos, and include San Francisco’s famous public stairways. The street parks program, a joint effort of San Francisco’s Department of Public Works and the Parks Alliance, assisted the Ridge Lane Neighbors, and Supervisor John Avalos secured funding in the City budget.

Street rights-of-way cover a quarter of San Francisco’s land area, and have huge potential to become public open spaces. Transforming just one-tenth of San Francisco’s street right-of-way could create a square mile of open space.

Ridge Lane is also an example of San Franciscan’s growing interest in walkability. The area around Balboa Park Station is slowly becoming more walkable, as projects by the City and BART improve pedestrian connections to the surrounding neighborhoods, and new transit-oriented mixed-use buildings on Ocean Avenue have extended the commercial district closer to the Station. In March, the City completed the Ocean and Geneva Corridor Design, a plan for transforming Ocean and Geneva Avenues into better streets for walking and cycling. This fall, the City and BART will conduct a public workshop to plan affordable housing, retail, and street and transit station improvements at San Jose and Geneva avenues.

Map of Ridge Lane. The first block to become a Street Park is in green; future street park blocks are in blue.
Map of Ridge Lane. The block in green is now a street park; future street park blocks are in blue.
Ridge Lane at Howth before improvements.
Ridge Lane at Howth Street before improvements
Ridge lane dedication Ceremony, June 17 2016
Ridge Lane dedication ceremony, June 18 2016
First block of Ridge Lane street park on opening day
First block of Ridge Lane street park on opening day

Planning Commission Endorses Citywide Accessory Unit Legalization

Three ordinances to legalize accessory units (also known as in-law units) citywide were approved by the Planning Commission this week. Two would allow new housing units in existing buildings citywide. The third would facilitate the legalization of existing units originally built without permits.

On Thursday June 16, the Planning Commission recommended  two ordinances that would permit new in-law units in existing buildings citywide. These ordinances are the City’s biggest step forward yet in permitting new accessory units. One is sponsored by Supervisor Peskin, and the other is from Supervisors Wiener and Farrell. Both would permit new units in existing buildings across the city, and provide necessary exceptions from density limits and from parking and private open space requirements.  The Farrell/Wiener ordinance is generally more permissive, and requires less red tape than the Peskin ordinance.  Planning Department staff had recommended a more permissive approach (their analysis and recommendations can be found here). The Planning Commission recommended a blend of the two ordinances, along with some of the staff-recommended changes. Both ordinances will move to the Board of Supervisors, and Planning Commission also urged the sponsors of the two ordinances to combine them into one.

Adding new accessory units to existing buildings was legalized last year in Supervisorial Districts 3 and 8, and citywide in buildings undergoing seismic retrofit. Since then, applications for about 140 units have been filed. The Planning Department announced it will start outreach and marketing for the accessory unit program this summer, with a goal of encouraging more eligible property owners to add new units to their buildings.

In-Law Legalization

On June 9, the Planning Commission recommended amending the Planning Code to allow legalization of more than one existing unpermitted unit per building (the recommendation can be found here). Current City law allows only one unpermitted unit per lot to be legalized. Livable City has been advocating for this change since last year, and we are pleased to see the Planning Commission endorse it. We are encouraging the Board of Supervisors to enact the Planning Commission’s recommendation.

Livable City has long advocated legalizing accessory units, and has authored or endorsed several major legislative changes that protect existing units and permit new ones. Accessory units add rent-controlled housing in existing buildings, and expands and diversifies neighborhood housing options while preserving existing residential buildings.

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Livable City Recommendations for the June 7 Election

For the June 7, 2016 election, Livable City recommends:

small-logoYes on A: Public Health and Safety Bond
Measure A is a $350,000 general obligation bond that funds earthquake safety and fire safety retrofits at San Francisco General Hospital and the City’s neighborhood health centers, safety and resliiency upgrades to the city’s ambulance facilities and firehouses, and new and renovated homeless health facilities. These investments will foster the health and wellness of San Franciscans, and improve the City’s resilience in natural disasters.

Election Results: Yes 78.65% | No 21.35%

Yes on B: Charter Amendment to increase the Park, Recreation and Open Space Fund
11701006_1216111711750005_6823696516060857895_oMeasure B will extend the city’s current budget set-aside for parks, recreation and open space, and will expand the fund by $3 million/year for the next decade, except in bad economic years. As San Francisco grows denser, we should also grow greener. Prop B will help maintain parks and open spaces in good repair, and expand parks and open spaces in under-served areas of the city.

Election Results: Yes 60.39% | No 39.61%

Yes on C: Affordable housing requirements
11214732_1679387075644629_362939448828765638_nMeasure C will require that new development projects of 25 units or more set aside 25% of units as permanently affordable. It removes the current 12% cap on affordability requirements from the City Charter, allowing future affordable housing requirements to be adjusted through the legislative process. The San Francisco City Economist’s analysis of the measure concluded that zoning controls, were a greater factor in housing feasibilty than housing prices, and that “the City may well be able to expand its affordable housing resources in ways that improve housing affordability for low- and middle-income households.” With the right mix of policies, San Francisco can both increase its share of permanently affordable housing and increase the overall amount of well-designed, well-located housing. Prop C complements the pro-housing policy changes that Livable City has long championed, including relaxing minimum parking requirements, housing density limits, and unnecessary conditional use requirements.

Election Results: Yes 67.19% | No 32.81%

Yes on AA: San Francisco Bay Clean Water, Pollution Prevention and Habitat Restoration Program
measure-aa-logoMeasure AA authorizes a $12 per year parcel tax across the nine Bay Area counties, which will raise an estimated $25 million annually to restore, acquire, construct, or  maintain wetlands, wildlife habitat, public access, and flood protection around San Francisco Bay. Eligible projects in San Francisco include completing the San Francisco portion of the Bay Trail, creek and wetland restoration from the Presidio to Candlestick point, and construction and improvement of waterfront public parks.

Election Results: Yes 77.01% | No 22.99%

Thank you San Francisco voters.

SF Supervisors Advance Pro-Housing Measures

The Board of Supervisors advances several important pro-housing measures in the first few months of 2016. The Board approved two ordinances that will protect tens of thousands of units of housing built without permits. They also approved a measure to streamline affordable projects, and placed a measure on the June ballot to increase the number of affordable units in new developments. Supervisor Peskin introduced a measure to permit new accessory units in existing buildings citywide.

Protecting Unauthorized Units
San Francisco has tens of thousands of unauthorized units. Unauthorized units were built in existing buildings without over the past 55 years without planning permission. Estimates of the number of units are vague, but the Planning Code suggests 20-30,000 such units may exist. Most of these units are rent-controlled, but residents of these units lack housing security, since they can be removed at any time. Residents often don’t know their units are unauthorized, but unlike other tenants, they have no recourse against displacement.

In February the Board of Supervisors advanced two ordinances that would require Planning Commission approval before unauthorized units can be demolished, merged into another unit, or converted to another use. The Board of Supervisors agreed to explore financial assistance to bring such units up to current building codes in instances where tenants and landlords are of limited income. Livable City has long advocated for preserving unauthorized units, and supported the Supervisors’s action preserve affordable rental housing in San Francisco. We also recommended that the City make it easier to legalize such units by permitting legalization of more than one unit per lot.

Streamlining Affordable Housing Projects
The board approved an ordinance, authored by Supervisor Scott Wiener, that waived conditional use requirements for 100% affordable projects. Conditonal Use authorization can add several months, and many thousands of dollars, to project approval. The exception does not apply to excess parking or to non-residential uses or features that require Conditional Use approval. This measure should increase the speed at which affordable projects can be approved and built, and reduce risk and cost.

Increasing Inclusionary Housing
The Board of Supervisors voted unanimously to place Proposition C on the June 2016 ballot. Proposition C increases the required percentage of affordable units from 12% to 25% for projects of 25 units or more. The measure also permits the Board of Supervisors to adjust inclusionary requirements legislatively, undoing a 2013 measure which locked inclusionary requirements into the city Charter. The City Economist’s analysis of the economic impact of the measure found that:

Raising the cost of development would normally result in the market producing less housing, as marginal projects become financially infeasible. However, this analysis suggests this is unlikely to happen in San Francisco to a great degree as a result of the proposed increase, and the reasons why are worth exploring.

A main reason is that, as a result of the city’s zoning policies, there are relatively few marginally-feasible housing projects to begin with. Housing prices are less important than land use controls in explaining whether a parcel will develop new housing over the next twenty years.

As a consequence, this analysis suggests that the City may well be able to expand its affordable housing resources in ways that improve housing affordability for low- and middle-income households, despite some loss of market-rate housing construction.

The Board of Supervisors have introduced companion legislation to update the feasibility study, and create a technical advisory committee on affordable housing finance.

Livable City supports Proposition C. Complex questions like affordability requirements are best settled by  legislative action, rather than fixed at the ballot box, and Prop C will restore the City’s ability to legislate necessary changes . We will continue our work to eliminate unnecessary barriers to housing, including those in our Action Plan for Housing. to achieve a better balance between affordability, financial feasibility, and character, quality, and livability.

New Dwelling Units in Existing Buildings

Example corner Accessory Dwelling Unit as shown in the SF Planning Department's ADU Handbook, a guide for homeowners and contractors when adding a unit to an existing residential building. It helps define the various physical forms for ADUs; multiple City Codes which regulate adding ADUs.
Example corner Accessory Dwelling Unit (ADU) as shown in the SF Planning Department’s ADU Handbook, a guide for homeowners and contractors when adding a unit to an existing residential building. It helps define the various physical forms for ADUs; multiple City Codes which regulate adding ADUs

On March 15, Supervisor Aaron Peskin introduced an ordiance to permit accessory dwelling units (ADUs) in buildings citywide. Qualifying units are exempt from zoning density limits, minimum parking requirements, and other requirements that can make it difficult or impossible to add housing within existing buildings. The measure expands on ordinances approved last year which permit accessory units in Supervisorial Districts 3 (Chinatown, North Beach, Telegraph Hill, and Russian Hill) and 8 (Duboce Triangle, Castro, Mission Dolores, Noe Valley, and Glen Park), and in buildings undergoing earthquake-safety retrofits.

We have long advocated the benefits of accessory units – adding rent-controlled housing in existing buildings expands and diversifies neighborhood housing options, while conserving existing buildings. We’re keen to see this ordinance, which Supervisor Peskin estimates could create 33,000 new rent-controlled homes, move forward. It moves next to the Planning Commission for review and approval, and we’ll keep you posted on its progress.

Planning Commission Approves Better Environmental Review Standards

On Thursday March 3, San Francisco’s Planning Commission unanimously approved an essential, and long overdue, change to the way it reviews projects under the California Environmental Quality Act (CEQA). The Commission replaced automobile level of service (LOS), a measure of automobile delay at intersections, with vehicle miles travelled (VMT) as their chief transportation measure for analyzing projects.

This change was proposed in San Francisco over a decade ago. In 2014 the Governor’s Office of Planning and Research (OPR)  proposed replacing LOS with VMT statewide. OPR has been slow to finalize its guidelines, so Planning Department staff have proposed that the City replace LOS with VMT sooner rather than later, and use OPR’s draft guidelines until OPR finalizes them. Acting now rather than later is smart. VMT is a better measure of environmental impact, since increases in VMT correlate directly to increased greenhouse gas emissions and air pollution. The Planning Commission’s action will facilitate projects that improve walking, cycling, transit, and street safety – wider sidewalks, traffic calming, crosswalk improvements, bicycle lanes, cycle paths, transit lanes and other transit-priority measures.

This U.S. PIRG map illustrates the change in VMT from 2005 to 2011 and suggests that Americans are driving less
This U.S. PIRG map illustrates the change in VMT from 2005 to 2011 and suggests that Americans are driving less

Walking, cycling, and public transit are more space-efficient than private autos. Reallocating road space from autos to sustainable, and space efficient, modes of transportation may decrease auto LOS, but can more people overall, and reduce the environmental impact of transportation by enabling a mode shift from private autos to more sustainable transportation modes. LOS analysis can delay environmentally beneficial projects like bus and bicycle lanes, and measures to maintain auto LOS can compromise these projects’ effectiveness. Using VMT as a transportation measure better accounts for the environmental benefits of such projects, and will allow them to proceed without additional cost and delay.

This change is important, and is part of a larger update of the Planning Department’s environmental review standards for transportation. Livable City is advocating for better pedestrian and bicycle safety mitigations for projects, and stronger standards for auto trip reduction and sustainable transportation in new developments.

What Makes a Livable Neighborhood?

Patricia's Green Park in Hayes Valley.
Patricia’s Green Park in Hayes Valley.

A livable San Francisco is a network of Livable Neighborhoods. Each neighborhood should have a distinct character, but each should be complete, supporting living, working, commerce, and culture. A Livable Neighborhood is:

Compact Sustainable
Livable neighborhoods conserve land, and are of sufficiently density to support frequent transit service and neighborhood-serving businesses. Livable neighborhoods provide a mix of housing, workplaces, and neighborhood-serving shops and services.
Diverse Healthy
Livable neighborhoods use natural resources and energy sparingly and efficiently, and generate little waste. Livable neighborhoods support the physical and mental health of residents, are clean and safe, and promote social inclusion and sociability.
Green Accessible
Livable neighborhoods are well served by parks, playgrounds, plazas, and greenways. Trees and plantings are integrated into street designs. Buildings are designed to provide compact gardens, courtyards, terraces, and green roofs. Livable neighborhoods support car-free living by being well-connected to citywide and regional destinations by sustainable transportation modes (walking, cycling, public transit, paratransit and taxi). Streets and public transit are designed for universal accessibility.
Diverse More…
Livable neighborhoods offer housing choices suited to all types of households and household incomes, provide a range of jobs, shops, and services, support diverse local businesses. Livable Neighborhoods

Car-Free Streets and the Poetry of the City

Poets Plaza, a proposed piazza in North Beach, has been delayed again. Supporters have started an online petition to get the project moving.  There will be a public meeting about the piazza on Thursday, March 3 from 6 to 7:30 pm at the Tel-Hi Center, 660 Lombard Street near Mason.

Rendering of Piazza Saint Francis, the Poets Plaza
Rendering of Piazza Saint Francis, the Poets Plaza

The plaza, also called Piazza Saint Francis, would reside on the block of Vallejo Street between Grant and Columbus avenues, in front of St. Francis of Assisi Church. Lawrence Ferlinghetti, poet and owner of City Lights Books, first proposed Poet’s Plaza in 1998. “I viewed this plaza as a great public space where writers of all generations and nationalities could come and recite their works (with quotes from great poets incised in the paving stone) — a plaza that would become the active literary center of the city.”

Former City supervisor Angela Alioto is the project’s energetic proponent, and the current design envisions a pedestrian plaza reminiscent of Umbria, an Italian region of hill towns that St. Francis called home – paved in bands of stone incised with lines of poetry, with a fountain, benches, and olive trees.

Ferlinghetti also championed improvement of Jack Kerouac Alley next to City Lights Books. The alleyway connects Chinatown and North Beach. It was remodeled and closed to autos in 2007, and its new paving is inset with lines of poetry in English and Chinese.

Ferlinghetti wrote: “Inner cities around the country are learning tardily that they do not have to allow the automobile and its car culture to overrun them.” Projects like Poets Plaza and Jack Kerouac Alley are part of a larger, worldwide movement to reclaim city streets for people. Hundreds of streets across the Americas, Asia, and Europe have become car-free. Car-free streets may be temporary or permanent.

San Franciscans have enthusiastically embraced temporary car-free streets. Portions the roads through Golden Gate Park are car-free every Saturday and Sunday. Starting in 2008 with two events, Sunday Streets has grown to eight annual events that attract tens of thousands of San Franciscans. San Francisco’s street fairs and festivals are a longstanding tradition. Neighbors organize block parties and play streets, and Livable City is working to make the process easier.

San Francisco, like many US cities, has been slow to embrace permanent car-free streets, despite many successful examples around the world, and home-grown successes like Jack Kerouac Alley, Mint Plaza, Maiden Lane, and the City’s wonderful staircase streets. Part of the problem is the lingering notion in planning circles that car-free streets don’t work. In the 1950s and 60s, many American downtowns, large and small, were facing a crisis as the advent of television and the automobile brought about a decline in downtown shopping and theater districts. Several cities experimented with pedestrianizing shopping streets. Pedestrianized streets often continued their decline, and pedestrianization was blamed for making it worse. By the 1970s and 80s many American planners concluded that pedestrian precincts don’t work, and auto traffic to many car-free streets.

Jack Kerouac Alley, Chinatown / North Beach
Jack Kerouac Alley, Chinatown / North Beach

Urbanists like Jan Gehl and the late John Roberts identified the necessary ingredients of successful city-center car-free streets. Strong character, including great buildings and historic neighborhoods, draws people. A mix of uses and activities – housing, offices, restaurants, bars and cafes, shops, hotels, entertainment, and cultural institutions – creates activity throughout the day and into the night, making streets lively and safe. Sustainable transportation options – public transit, a bicycle network, and a network of walkable streets – provide mobility.  Streets and plazas should be well-designed and maintained. Blocks should be short and streets well-connected. Human-scaled buildings are important – buildings tall enough and close enough to create a sense of snugness and enclosure, but not so tall as to put public spaces in permanent shade. In cool and windy San Francisco, sunlight on sidewalks and in parks keeps them comfortable and inviting.

Many San Francisco streets have all the right ingredients to be successful car-free streets – a mix of uses, a strong character, good transit, and human-scaled buildings. North Beach is well-suited to car-free streets – Poet’s Plaza, and also Grant Avenue, as Ferlinghetti and others have noted. As Ferlinghetti said in his inaugural address as Poet Laureate of San Francisco, auto traffic can destroy the poetry of the city. Car-free streets can help us hear it again.

New Greenway Connections to Link San Francisco’s Peaks

The vision of an interconnected Greenway Network of trails and parks across San Francisco’s San Miguel Hills continues to take shape, with three projects poised to move ahead in the next few months. These open spaces extend from Golden Gate Park to Glen Park. Encompassing peaks, canyons, forests, grasslands, streams, and lakes, the greenway network supports recreation, habitat and watershed restoration, and enjoyment of nature and views.

Twin Peaks Figure 8 Pilot Project
On Twin Peaks, SFMTA and Parks and Recreation have proposed closing the eastern half of Twin Peaks Boulevard’s ‘figure 8’ to auto traffic. The eastern roadway would become a car-free space for walking, cycling, and enjoying panoramic views of San Francisco and the bay. Auto traffic will use the western roadway.

image001

SFMTA is holding two public hearings on the pilot project. Supporters are encouraged to attend, or to write an email in support of the pilot.

SFMTA Engineering Public Hearing SFMTA Board of Directors Meeting
Friday, March 4, 2016 at 10:00 am
San Francisco City Hall, Room 416
[email protected]
Tuesday, April 19, 2016 at 1:00 pm*
San Francisco City Hall, Room 400
[email protected]
* subject to change

Twin Peaks Mt. Sutro Connector Trail
Earlier this month, Parks and Recreation held a public meeting on plans for a walking and cycling trail between Twin Peaks to Mt Sutro. The proposed trail would skirt the Twin Peaks Reservoir and Sutro Tower to connect Clarendon Avenue to Twin Peaks. Recreation and Parks will complete design and environmental review this spring, and will organize volunteers to build the trail this summer.

Laguna Honda Community Trail Project
SF Urban Riders are working with the Department of Public Health, Livable City, and other partners to reopen an historic trail through the Laguna Honda Hospital grounds. The trail project parallels a natural creek that drains from Twin Peaks into Laguna Honda, and includes creek, wetland, and native plant restoration. There will be a walking tour and public meeting about the project on Tuesday, March 15. The walking tour is from 5:30 to 6:30, starting at the Forest Hill Muni station, and the meeting is from 6:30 to 7:30 pm in the Laguna Honda Administration Building, room B102.

Laguna Honda trail

Get in Touch

Staff Directory

Darin Ow-Wing, Executive Director
[email protected]

Jessica Tovar, Program Director
[email protected]

Sally Chen, Deputy Director
[email protected]

Tom Radulovich, Senior Policy Fellow
[email protected]

Isaac Santiago, Sunday Streets Program Manager [email protected]

Reina Terry, Program & Development Associate, reina@livablecity.org