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Quartet of Housing Measures Will Preserve, Improve, and Increase SF Housing

In the past six months, four housing ordinances championed by Livable City were passed into law. Together, these ordinances will preserve tens of thousands of existing housing units, permitting improvements while strengthening tenant protections, and will permit new units in the Castro neighborhoods.

housing-measures

Two ordinances went into effect last week – one creating a path to legalization for tens of thousands (no one is sure how many) of existing housing units built without permits city wide, and the other allowing the addition of new units in existing buildings in the Castro neighborhood. They join two other ordinances approved last year – one strengthening protections against loss of units to merger, conversion, or demolition, and another permitting the enlargement or improvement of units that were permitted but exceed current density limits. All four measures affect units within existing buildings, and include anti-speculative measures against Ellis Act and other no-fault evictions. Up to 100,000 San Francisco homes could be protected by these measures.

In-law Legislation Gets Signed into Law

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On April 17, Mayor Ed Lee signed two ordinances legalizing in-law units in San Francisco – Supervisor Chiu’s ordinance that legalizes  existing units built without permits (aka illegal in-laws), and Supervisor Wiener’s ordinance permitting new in-law units in the Castro neighborhood. These ordinances are important elements of Livable City’s Action Plan for Housing.

S.F. Affordable Housing, TIC Conversion Measures Planned

SFMTA Approves Bulb-Outs at School

Preserve Existing Rental Housing

This post appeared in the SF Bay Guardian in January 14.

San Francisco’s housing affordability crisis has become the main threat to the livability of the city for hundreds of thousands of residents. One glimmer of hope came last month, as the Board of Supervisors reformed decades-old laws that permit, and often encourage, the loss of affordable rental units.

When San Francisco adopted its zoning laws in the 1960s, it assigned a zoning district to every parcel in the city. Each zoning district set a maximum number of dwelling units allowed per parcel. These density limits effectively forbade adding units to existing buildings across most of the city, and deemed approximately 51,000 dwelling units “nonconforming.”

Nonconforming units are allowed to remain for the lifetime of the building, but could not be enlarged or improved. The controls on merging dwelling units actually encouraged the loss of units if the units were nonconforming or denser than the neighboring buildings. The planners’ intent was that nonconforming units would be eliminated over time, as buildings are remodeled or rebuilt.

Corner at Pine & Laguna

The 2009 General Plan Housing Element moved in a different direction, calling for preservation of dwelling units, especially affordable and rent-controlled housing, and favoring in-kind replacement of affordable units lost to conversion, demolition, and merger. Two ordinances, sponsored by Sup. John Avalos and based on proposals from Livable City, have now brought the Planning Code in line with the Housing Element policies.

One ordinance amended the controls on residential demolition, conversion, and merger to reflect the Housing Element goals. It strengthens requirements that lost units be replaced with similarly affordable units, and restricts mergers in buildings with a recent history of Ellis Act or owner-move-in evictions. It also clarifies the legal status of dwelling units where the permit records are ambiguous, making them legal unless there is conclusive evidence that the units are illegal. This will improve housing security for thousands of San Franciscans who dwell in older, rent-controlled buildings that are denser than the Planning Code currently allows.

A second ordinance permits the improvement and expansion of nonconforming units that exceed current density limits, so long as they remain within the existing building envelope. This allows owners to enlarge units by converting space in existing buildings to dwelling space. To protect tenants from speculative evictions, improvement and expansion are not permitted in buildings with a recent history of Ellis and owner move-in evictions.

In addition, Sup. David Chiu introduced legislation in November to permit legalization of thousands of existing rent-controlled units that were built without planning permission. This ordinance will protect these rent-controlled units from conversion and merger, and allow them to be brought up to building and housing code.

Bolder measures will be needed to make San Francisco an affordable city for all, but preserving more of our affordable housing moves us in the right direction.

SF Pedestrian Deaths Rise

SF Supervisors Approve Ordinances Protecting Residential Units

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A pair of ordinances, one strengthening the Planning Code’s provisions for conversion, demolition, and merger of residential units, and the other permitting improvement and enlargement of some existing units, were unanimously approved by the Board of Supervisors in December. The ordinances, were based on Livable City proposals, were sponsored by Supervisor John Avalos.

The Housing Element of the General Plan, San Francisco’s primary housing policy, calls for preservation of dwelling units, especially affordable and rent-controlled housing, and favors in-kind replacement of affordable units lost to conversion, demolition, and merger. The ordinance amended the Planning Code’s controls on residential demolition, conversion, and merger to reflect the Housing Element goals; current Planning Code policies actually encouraged the loss of certain units. The ordinance strengthens the in-kind replacement policies, and restricts mergers in buildings with a recent history of no-fault evictions. It also clarifies the legal status of dwelling units where the planning records are ambiguous, presuming them legal unless there is conclusive evidence that the units are illegal. This improves housing security for thousands of San Franciscans who dwell in older, multi-unit buildings with more units than the Planning Code currently allows.

The second ordinance permits the improvement and expansion of lawfully-existing dwelling units that exceed current density limits. Current law permits these nonconforming units, but they cannot be expanded or otherwise improved. This ordinance allows expansion of the nonconforming units, so long as they remain within the existing building envelope. This allows owners to enlarge units by converting space in existing buildings to dwelling space.  To protect tenants from speculative evictions, expansion is not permitted in buildings with a recent history of no-fault evictions.

Livable City’s Action Plan for Housing

Housing affordability is a crisis in San Francisco. Livable City’s Action Plan for Housing includes strategies for making San Francisco a more livable, sustainable, and affordable city.

Livable City has made progress on these housing strategies over the past decade, and has a number of legislative and policy initiatives currently underway. Five ordinances based on Livable City’s work have been approved by the Board of Supervisors since December. We will continue to work on these and other initiatives in the coming year, and as part of our 10-year advocacy plan.

Remove Unnecessary Barriers to Housing

Housing in the Hayes Valley neighborhood, San Francisco.
Housing in the Hayes Valley neighborhood, San Francisco.

Several of the City’s planning requirements create unnecessary barriers to building and improving housing in San Francisco. Removing outdated restrictions and requirements will help foster the creation and preservation of housing that is more sustainable, affordable, and in keeping with San Francisco’s compact, urbane, and walkable character.

  • Remove arbitrary density limits. In the 1960s, San Francisco established density limits across the city. These density controls limit the maximum number of dwelling units on a given lot to a specific number of units (most of the city is limited to one, two, or three dwelling units per lot) or by lot square footage. These density limits are often lower than existing neighborhood densities, and limit opportunities to add units within the existing, or allowed, building envelope. In Downtown districts, conditional use authorization is required for dense housing, adding unnecessary costs and delays.In zoning districts created since 2008, arbitrary density limits have been eliminated, and density is instead regulated by allowable building height and bulk, open space requirements, dwelling unit exposure requirements, and design standards. If we extended this approach to the other residential and mixed-use areas of the city, we could create thousands of new units in existing buildings, and in new buildings  compatible with established neighborhood character.
  • Remove minimum parking requirements. Minimum parking requirements were also imposed citywide in the 1960s. Since 1997, minimum parking requirements have been relaxed neighborhood by neighborhood, and Livable City has led many of those successful efforts (see our History of Parking Reform for details). Removing minimum parking requirements allows the addition of housing without the expense, and the damage to streetscapes, walkability, and neighborhood character, of adding garages and driveways. It permits residents and builders to build only the parking needed, without the city imposing an arbitrary minimum requirement. It permits existing garages to be converted to housing or neighborhood-serving storefront businesses. Approximately 20% of the city now has no minimum parking requirements; however, many of the city’s most transit-rich neighborhoods and corridors still have minimums, including all or part of the Geary, Van Ness, Mission, Haight, Church, Embarcadero, Fillmore, Divisadero, Third, and Polk corridors. Removing minimum parking requirements in these corridors could help create thousands of housing units, and lower the cost and environmental impact of those new units.
  • Legalize in-law units. In-law units house thousands of San Franciscans, and are an important housing resource in an increasingly expensive city. Planning Code requirements, chiefly residential density limits and minimum parking requirements, have made in-law units illegal in most neighborhoods. Despite these restrictions, thousands of in-law units have been built since the 1960s, and these units, and the thousands of our neighbors who dwell in them, are in legal limbo. Livable City has long advocated legalizing existing and new in-law units as a sustainable and affordable way to add housing by making use of space in existing buildings. Over the past year, Livable City has secured four important legislative wins. We worked with Supervisor Avalos on two ordinances that preserve many dwelling units by clarifying their legal status, and allow existing units which exceed density limits (estimated at over 51,000 units citywide) to be enlarged and improved within the existing building envelope. We worked with Supervisor Chiu to legalize existing units, and on Supervisor Wiener’s legislation to permit new in-law units in the Castro neighborhood.
  • Raise height limits.  Modest increases in San Francisco’s permitted building heights can improve urban design, and allow more housing to be built on available sites at a reasonable cost. The least expensive, and least resource-consuming, construction types are buildings of up to 5 or 6 stories. Most of San Francisco is zoned for buildings of four stories or less. Where height limits are 40′ or 50′ in mixed-use districts, raising the height limit by 5′ permits taller ground floor retail spaces, or ground-floor apartments to be lifted a few steps up the sidewalk for greater light and privacy. West Portal Avenue, with three streetcar lines, is zoned for only two-story buildings, half the permitted height of the surrounding residential neighborhoods. Raising the height limit by one or two stories on major commercial and transit corridors, like Geary Boulevard, will permit more housing above ground-floor retail, where it can take advantage of large building sites, frequent transit, and neighborhood-serving shops and services.

Embrace Sustainable Transportation to Create Opportunities for Housing

Embracing sustainable transportation – walking, cycling, public transit, and car-sharing – can free land for needed housing, and allow greater density without sacrificing livability or sustainability.

  • Realize the Freeway Dividend. The removal of freeways over the past two decades has created a Freeway Dividend for San Francisco – acres of land in heart of the City for new housing and open space. Removing the Embarcadero Freeway restored waterfront open spaces, allows creation of a whole new neighborhood at Transbay with offices, parks, and hundreds of new apartments (35% of which will be permanently affordable), and freed sites for two affordable apartment developments on Broadway. Removing the northern end of the Central Freeway created a landscaped boulevard, a new urban park, and sites for dozens of new housing units; 40% of which will be permanently affordable. Removing the northern stub of I-280 and of the remainder of the Central Freeway are further opportunities to reclaim urban land and knit neighborhoods back together.
  • Reclaim parking lots and gas stations for housing. Parking lots and gas stations can provide sites for needed housing and green space in the city, without displacing residents or businesses. In San Francisco’s Mission neighborhood, dozens of new housing units are being built on former parking lots, gas stations, and car washes, and the parking lot at 17th and Folsom streets will become a new neighborhood park. Embracing walking, cycling, and transit, managing on-street parking better,  car-sharing, space-efficient parking, removing the Planning Code’s remaining restrictions on converting gas stations, relaxing parking requirements in transit-rich areas, and limiting surface parking lots can reduce the automobile’s oversized footprint in the city, freeing land for housing and green spaces.

City Repair

Done right, new development can repair the city, and enhance the character, beauty, diversity, and livability of neighborhoods. Both development boosters and development detractors characterize the erosion of character and livability as inevitable consequences of dense development. Livable City has led the effort to improve the Planning Code’s urban design standards to create more livable, walkable, and attractive neighborhoods as the city grows and changes.

  • Active Street Frontage. Lining street frontage with retail storefronts or individual residential entrances helps create human scale,  transparency, and visual interest, and enhances safety by providing ‘eyes on the street’, as does limiting the width of garage entrances, and requiring above ground parking to be wrapped in active uses. In 2010, Livable City helped revamp the City’s Planning Code to require active street-fronting uses for new and expanded buildings in most neighborhoods, and is working to improve, refine, and expand these controls.
  • Neighborhood-serving shops and services. Neighborhood-serving shops and services provide convenience and reduce automobile trips by placing more of the necessities of life within walking distance, and create opportunities for small businesses to grow and thrive. Livable City has helped revise the Planning Code to allow new corner stores in denser residential districts, and allow former storefronts to be reactivated. Other ongoing include revising controls on signs, awnings, and storefronts to improve enhance walkability, streetscapes, and neighborhood character, removing unnecessary restrictions on small businesses, and clarifying ‘good neighbor’ language limiting the impact of noise, vibration, odors on immediate neighbors.
  • Encourage adaptation and reuse of older buildings. Preserving, adapting, and reusing historic buildings helps create and sustain neighborhood character. The greenest building is the one you don’t build – reusing existing buildings reuses the energy and materials embodied in the building, and conserves the energy and materials needed to replace them. However, certain Planning Code requirements often make it difficult to adapt existing buildings to new uses. Livable City developed a package of Planning Code revisions, endorsed by San Francisco Architectural Heritage, to provide greater flexibility in the reuse and adaptation of existing buildings, while maintaining safety,  habitability, and preservation standards.

Strengthen Affordability

San Francisco has long struggled to meet its affordable housing obligations. According to ABAG, two-thirds of the housing produced in San Francisco should be below market rate in order to meet existing and projected housing demand. Reduced Federal funding for affordable housing, State laws limiting on rent control and redevelopment funding, and a San Francisco Charter cap on required inclusionary affordable units (affordable housing units required in market rate projects) now limit some of the historic tools for preserving and expanding affordability, but there is still much we can do.

  •  Increase incentives for affordable housing. State law requires that cities provide one or more significant incentives for affordable housing projects and mixed-income projects that increase the percentage of affordable units. San Francisco has few affordability incentives written into its Planning Code; instead, the Planning Department creates special controls on a site-by-site basis, delaying projects, increasing costs, and generating political fights. Reforms like removing arbitrary density limits and parking requirements also help improve affordability. In addition, Livable City has developed a matrix of specific affordability incentives for each of the  zoning districts of the City, and is working to implement them.
  • Prevent the loss of existing affordable housing. Dozens of affordable and rent-controlled units are lost each year to mergers (merging dwellings into larger units), conversion to non-residential uses, and demolition. Livable City worked with Supervisor Avalos on recently-approved legislation to strengthen the Planning Code’s restrictions on mergers, demolition, and conversion, and better ensure that affordable units lost are replaced in-kind.
  • Direct funding for affordable housing. 2012’s Proposition C created an affordable housing trust fund for San Francisco. So far, the City has been able to preserve former Redevelopment funds that were set aside for affordable housing, and obligations for affordable housing in three active Redevelopment project areas. San Francisco needs an effective plan for how to best spend these existing sources, and to find additional funding for affordable housing.
  • SB 2113. SB 2113 is an amendment to state redevelopment law passed in 2000. It permits San Francisco to incur debt in former redevelopment areas in order to finance new low- and moderate-income housing to replace affordable housing destroyed by the San Francisco Redevelopment Agency before 1976. 6,709 units were lost in the first decades of redevelopment, and 900 units have been replaced or are in progress using SB 2113 funding. Redevelopment agencies were abolished in 2011, and the State has not yet opined whether San Francisco may continue to use SB2113 to fund housing.
  • Use underutilized public land in transit-rich areas for affordable housing. Some underutilized public land in San Francisco can be used for affordable housing. MTA-owned parking lots near the 24th Street Mission BART Station, near the Castro Muni station, and on California Street are located in transit-rich areas where affordable housing is needed. City College’s Phelan campus is planned to sprawl onto the former Balboa reservoirs as low-rise buildings and surface parking lots; a more compact, urban campus would allow for both academic buildings and student and faculty housing.

Denser and Greener

Conventional wisdom is that as a city grows denser, it loses green open space and becomes more polluted and congested. We aim to transform those conventional development patterns, so that San Francisco becomes a greener, healthier place as it meets its housing needs.

  • Reclaim road space for greening and livability. City streets occupy almost a quarter of San Francisco’s area. This enormous public open space resource can be reclaimed for greening and neighborhood livability while still accommodating our  sustainable mobility needs. The toolbox ranges from low-cost, temporary interventions, like Sunday Streets and parklets, to sidewalk widening and traffic calming. San Francisco has increased its street tree coverage, but lags far behind other cities. San Francisco has over 1500 blocks of unaccepted streets, many of which can be a transformed into green spaces or community gardens. Our street lighting infrastructure and standards are poor, and need to better light sidewalks and prevent light trespass into residential windows and the night sky.
  • Tie streetscape improvements to new development. As new buildings are built, expanded, or change use, adjacent streetscapes should be brought up to a higher standard. In recent years, the City has strengthened its street design standards through the Better Streets Plan, and Livable City has worked to expand the streetscape improvement requirements of the Planning Code. Developers are generally amenable, since construction work often means that adjacent streets and sidewalks need to be repaired or rebuilt anyway, and streetscape improvements are an amenity which directly enhances property values and allays neighbors. Despite recent progress, the City misses many opportunities to enhance streetscapes as properties are developed or improved, and further reform is needed to strengthen requirements and facilitate the improvements being made.
  • Green and restore front and rear yards. In many neighborhoods, front and rear yards provide usable open space, green the street, and provide a gracious transition between the public and private realms. The Planning Code prohibits parking in front building setbacks, and where front building setbacks are required by the Planning Code, the code also requires landscaping and rainwater permeability in front yards. These requirements are often ignored and seldom enforced. Livable City is working to improve compliance with residential front yard greening and permeability requirements. We are also working to allow voluntary removal of garages and surface parking that have encroached into front and rear setbacks so that residents can restore green open spaces.
  • Build a greenway network, and allow transferred development rights to preserve open spaces. Although we have a huge need for housing, San Francisco needn’t build on every available square inch of land. We need to preserve green open spaces for recreation, relaxation, habitat the region’s diverse plants and animals, and to preserve and restore the city’s streams, watersheds, shorelines, and groundwater basins. A network of connected green spaces can be woven together through our dense city by repurposing city streets and utility rights-of-way, and assembling land owned and managed by various city departments to create larger, continuous open spaces in our hilltops, stream courses, and waterfront. Livable City’s Greenway Network is 21st-century vision for such a network. Allowing the transfer of development rights from potential greenway sites to potential development sites in transit-rich parts of the city can help to both complete our greenway network and encourage development in the right locations.

Better Planning

Improving our planning processes to reduce wasted effort and improve project quality, using existing infrastructure investments wisely and effectively, and better integrating land use, transportation, and public infrastructure planning, will help us achieve our housing goals while preserving livability, mobility, and fiscal sustainability.

  • Infrastructure-efficient land use planning. Our land use planning ought to focus new housing development in areas with established transit service and other infrastructure like streets, commercial districts, and community facilities, and areas where such infrastructure can be expanded cost-effectively – the proposed rapid corridors in Muni’s Transit Effectiveness Project, and the City’s BART and Caltrain stations. Infrastructure is expensive, and existing infrastructure needs are chronically underfunded, so it makes sense to minimize the infrastructure costs of new development. Dense development should generally avoid environmental hazard zones, like earthquake liquefaction areas, areas most vulnerable to flooding, and landslide-prone steep slopes. Too often, planning in San Francisco often follows the course of least political resistance, avoiding suitable transit-rich areas, particularly on the city’s West Side, for purely political reasons, and instead pushing new development into the areas less well suited for housing. As the City updates its Countywide Transportation Plan and devises a transportation infrastructure funding strategy, we should explore land-use scenarios that use existing infrastructure more effectively and minimize the infrastructure demands of planned development.
  • Improve planning of large developments. Planning of large developments in San Francisco is arbitrary and inconsistent; project-by-project exceptions, rather than planning by consistent rules, is the norm. The recent referendum on the 8 Washington Project showed the limits of that approach, as San Francisco voters overwhelming rejected a project that had been granted numerous exceptions without clear public benefit. The Planning Code’s various provisions for reviewing and approving large projects should be consolidated and updated, to consistently secure public benefits from large new developments (affordable housing, repairing the street grid, quality open spaces, and strong urban design), and create greater certainty for both developers and neighbors.
  • Rationalize the Planning Code. San Francisco’s Planning Code, with over 2300 pages, over 100 zoning districts, and numerous loopholes, anachronisms, and inconsistencies, increases costs, delays, and uncertainty in the development process for both developers and neighbors. Livable City has led the effort to improve the code’s organization, and eliminate redundant and outdated provisions. However much remains to be done to transform the Code into a tool for creating livable and sustainable buildings and neighborhoods.
  • Strengthen green building requirements. Stronger green building requirements can reduce environmental and infrastructure demands of new projects.
  • Development impact fees to fund housing and infrastructure. San Francisco exacts development impact fees, which vary by neighborhood, to fund certain transit, housing, and infrastructure needs. The system should be made more consistent across use districts, and fund walking, cycling, and regional transit infrastructure in addition to Muni.  Fees should accurately reflect the impact a project’s transportation choices, including excess parking, has on the city’s streets, transit system, and other infrastructure –  parking structures and excess parking in projects, for example, currently pay no impact fees at all, despite the congestion, pollution, and infrastructure wear-and-tear they generate, and the increased danger and inconvenience they impose on pedestrians, cyclists, transit riders, and neighbors.

Livable City Joins Broad-based Effort to Legalize Existing In-Law Units

On November 26, Livable City joined Supervisor David Chiu and a broad coalition of advocates to announce new legislation to legalize existing in-law units across San Francisco.

In-law units house thousands of San Franciscans, and are an important housing resource in an increasingly expensive city. Certain decades-old Planning Code requirements, chiefly the code’s arbitrary residential density limits and minimum parking requirements, have made in-law units illegal in most neighborhoods. Livable City has long advocated legalizing existing and new in-law units as a sustainable and affordable way to add housing by making use of space in existing buildings.

ADU-in-SF

Supervisor Chiu’s proposed ordinance:

  • permits the legalization of up to one existing unit, of 750 square feet or less, per building.
  • is voluntary. The Department of Building Inspection will develop a pre-application screening process to determine whether the units have serious building deficiencies that would make them unfeasible to legalize, giving owners the option of foregoing the legalization option and maintaining the status quo.
  • requires compliance with housing and building codes. Exceptions can be granted for certain Planning Code requirements, including on-site open space and dwelling unit exposure. The existing one-unit exception from minimum parking requirements will also apply.
  • Maintains status quo on rent control: units in pre-1980 buildings will be subject to rent control, while those in new buildings would not.

The ordinance will be heard by the Planning Commission early in 2014, and will then return to the Board of Supervisors for discussion and action.

Excelsior-Outer Mission is the Latest San Francisco Neighborhood to Embrace Car-Free Living

On November 27, Mayor Lee signed an ordinance creating San Francisco’s newest Neighborhood Commercial zoning district – and the latest to drop minimum parking requirements.

The Persia Triangle during Sunday Streets in the Excelsior. Photo by SF Planning on Flickr.
The Persia Triangle during Sunday Streets in the Excelsior. Photo by SF Planning on Flickr.

The Outer Mission – Excelsior Neighborhood Commercial District includes the commercial area along Mission Street from Silver Avenue to the Daly City line. The district was previously zoned NC-2 and NC-3. The new zoning district, sponsored by Supervisor John Avalos, dropped minimum parking requirements, raised allowable residential density by 50% or more in portions of the district, and updated existing controls on liquor stores and medical cannabis dispensaries.

The district is served by Muni’s 14-Mission line, one of San Francisco’s busiest and most frequent, and several other crosstown and community service lines. In 2012, the 14-Limited was extended to Daly City BART station, to provide regional transit connections for both northbound and southbound trips.

Muni’s Transit Effectiveness Project proposes expand 14-L service to more hours of the day, and will improve Mission Street’s transit-friendliness by adding transit-priority measures to reduce travel times and reliability on Mission Street, and improving the comfort and accessibility of transit stops.

Livable City brought Sunday Streets to the Excelsior in 2012 and 2013, and is working with Supervisor Avalos and neighbors to turn Persia Triangle, bounded by Persia Street, Mission Street, and Ocean Avenue, into an urban park in the heart of the neighborhood.

Two new parklets at Persia Triangle in the Excelsior were unveiled during Sunday Streets in September 2014. Photo by SF Planning on Flickr.
Two new parklets at Persia Triangle in the Excelsior were unveiled during Sunday Streets in September 2014. Photo by SF Planning on Flickr.

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