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Commission adopts student‑housing definition, preserves incentives for new construction and bars conversions of existing rental housing

San Francisco Planning Commission · June 21, 2012
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Summary

After intense public debate, the Planning Commission approved staff legislation to define and incentivize new student housing, endorse narrow institutional exemptions and block conversions of existing rental units to the new "student housing" use. The vote was 6–1; one commissioner dissented.

The Planning Commission voted 6–1 to recommend a city ordinance that creates a new land‑use definition for “student housing,” establishes incentives for new student housing production, and preserves narrow exceptions for established institutional uses while prohibiting conversions of existing rental housing into the new student‑housing use.

Planning Director’s staff presented the package as two linked goals: (1) a set of incentives to encourage construction of new student housing and (2) protections for the city’s existing rental stock, particularly single‑room occupancy (SRO) units. Staff explained a revised approach after a stakeholder meeting: rather than an unconditional permanent ban that could produce unintended consequences, staff proposed a measured approach to allow limited exceptions for longstanding institutional programs and proposed safeguards if conversions of vacant underutilized buildings were ever considered.

The hearing featured strong public comment on both sides. Tenant advocates, housing nonprofits and SRO operators urged a firm prohibition on conversions and warned that allowing conversions (even on a conditional‑use basis) would risk the loss of rent‑controlled and low‑income units. “We should go back to the original proposal, the permanent ban on all types of conversion,” said a Housing Rights Committee representative during public comment. Owners and institutional representatives (including the University of San Francisco and San Francisco Art Institute representatives) urged narrow exceptions and clarified that many institutional uses have longstanding student accommodations.

Commissioners discussed pipeline applications, grandfathering and legal constraints under state law (Costa Hawkins). Staff said conversions that would trigger a new certificate of occupancy could have implications under Costa Hawkins and recommended program language to preserve rent‑control protections where possible. The commission adopted Supervisor Scott Wiener’s narrowly drawn exceptions for certain institutional properties, accepted the San Francisco Art Institute’s limited exemption language and amended the ordinance language to change “adjacent” to “sharing a lot line” (clarifying which institutional properties qualify). The final motion (as moved and seconded on the record) directed staff to forward the package with the modifications; the motion passed 6–1 with Commissioner Antonini voting no.

The commission’s action is a recommendation to the Board of Supervisors; staff said the city and stakeholders will continue to refine technical code language and mitigation measures and that companion amendments (for example, on certificate‑of‑occupancy and replacement fees for lost SRO units) were to be considered in follow‑up work.