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Supervisors debate "intermediate length occupancy" ordinance; committee accepts amendments and continues item

San Francisco Board of Supervisors Land Use and Transportation Committee · March 9, 2020
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Summary

Supervisors discussed an ordinance to create an "intermediate length occupancy" (ILO) residential use, debating caps, grandfathering and risks to small buildings. The committee accepted the proposed amendments and continued the item for one week to allow further revision and public review.

The Land Use and Transportation Committee on March 9 debated an ordinance to add an "intermediate length occupancy" (ILO) residential use to the planning code and amend administrative code language on fixed-term leases and rental unit enforceability.

Chair Aaron Peskin outlined amendments intended to clarify eligibility and avoid pushing ILOs into smaller neighborhood building types. He said the earlier draftwhich applied a 25% cap in some small building typologiescreated uncertainty for one-, two- and three-unit buildings; his amendment would clarify that ILOs would not be permitted in buildings with fewer than four dwelling units and would reorganize application requirements and conditional use criteria.

Vice Chair Asha Safaei urged careful consideration of grandfathering for buildings with established practices and stressed concern for small operators who rely on short-term or intermediate stays to house service workers, visiting nurses and people in the film industry. "I think that's an important conversation," Safaei said, adding she would not want to remove options that small operators depend on without further study.

Supervisor Dean Preston asked the planning department to quantify how many units currently operate in this market and noted that many older small buildings may be rent-controlled and already ineligible; he said his chief concern is about one- and two-unit buildings being affected.

Public commenter Linda Chapman, speaking for Nob Hill Neighbors and the Old Saint Mary's Housing Committee, urged caution and asked whether units converted to ILOs would remain protected from eviction under state law and asked whom to consult about single-room occupancy (SRO) protections. "I'm always afraid of making things worse," Chapman said, urging the supervisors to avoid unintended consequences for rent-controlled housing.

Supervisor Safaei moved to accept the proposed amendments and continue Item 1 for one week to allow additional drafting and public review. Chair Peskin said the motion would be adopted without objection. The item will return to committee with the clerk making amendment copies available for public review.