Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Housing Policy topic
No spam. Unsubscribe anytime.
Commission adopts code change to require conditional use authorization for demolition of "demonstrably unaffordable" single-family homes
Summary
The Planning Commission approved an ordinance amending Planning Code Section 3.17 to remove the demonstrably unaffordable exemption and require conditional‑use hearings for proposed demolitions in RH1/RH1D zones, with a grandfathering clause for applications filed prior to Feb. 11, 2020. The measure passed 5–1.
The Planning Commission voted 5–1 to recommend approval of a targeted amendment to Planning Code Section 3.17 that would require conditional‑use authorization for demolition of single‑family homes zoned RH1/RH1D even when the property meets the demonstrably unaffordable exemption.
Jacob Bintliff of Supervisor Mandelmann’s office said the amendment closes a loophole that allowed higher‑value properties to bypass Planning Commission review; staff framed the narrow change as a step that would provide neighbors a forum to raise concerns and allow commissioners to encourage more density where appropriate. Planning staff recommended adding a grandfathering clause tied to the ordinance’s introduction date (02/11/2020) so projects in active review would not be unintentionally caught mid‑process.
Public comment was extensive and sharply divided: neighborhood groups and many long‑term residents urged closing the exemption and requiring more scrutiny; architects, developers and housing proponents warned that retroactive regulation risks delaying or killing projects and urged grandfathering tied to application filing/completion to avoid unfair retroactive change. After deliberation, the commission approved the ordinance with staff‑recommended modifications including grandfathering for applications filed before the ordinance’s introduction date; Commissioner Fung dissented, voting no. The motion passed 5–1.
