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Supervisors advance Mandelman ordinance to extend alleyway protections and ease ADU rules, with amendments

San Francisco Board of Supervisors — Land Use & Transportation Committee · July 8, 2019
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Summary

A planning‑code amendment to apply narrow‑street and alley protections to residential RH districts and to allow rear‑yard accessory dwelling units (ADUs) was amended and continued for a week after committee discussion on rent‑stabilization conditions and nonconforming‑structure rules.

An ordinance from Supervisor Rafael Mandelman that would extend height and bulk limits to alleyways and narrow streets in low‑density residential (RH) zoning and ease rules for rear‑yard accessory dwelling units was presented July 8 to the Land Use & Transportation Committee and advanced as amended.

Mandelman told the committee the measure grew from a contested Glen Park project in which the planning commission required modest changes that were later rolled back on appeal. He said the ordinance would apply existing alleyway protections now used in transit‑oriented and neighborhood commercial districts to residential RH1, RH1D, RH1S, RH2 and RH3 districts, and would allow second residential (rear‑yard) buildings on through lots and corner lots in certain circumstances. "By appropriately scaling development to the width of the street," Mandelman said, the changes would protect small streets and alleys as neighborhood spaces.

The sponsor described five amendment topics: clarifying the process for altering nonconforming structures, revising maximum required setbacks on narrow streets, tightening the purpose language for rear yards, exempting certain corner building frontages near wide intersections, and limiting upper‑story setback requirements to buildings taller than two stories. Diego Sanchez of the Planning Department told the committee the Planning Commission largely supported the ordinance and suggested technical modifications on setbacks, nonconforming alterations and studying the broader impacts of height limits.

Public testimony was mixed. Tom Radulovich of Livable City urged pairing alley protections with options to add modestly sized backyard cottages, saying many cities have used small‑scale cottages to expand housing stock. Noah/Neighborhood‑coalition representatives and architects testified in support; other speakers warned of added density or raised concerns about perceived political influence in development approvals.

Chair Aaron Peskin proposed amendments tying some waivers (such as reduced rear‑yard depth or ceiling‑height increases) to Costa‑Hawkins regulatory agreements that would subject resulting ADUs to the San Francisco Rent Stabilization and Arbitration Ordinance. Deputy City Attorney John Givner confirmed the draft language ties the regulatory agreement to the ADU and that the number of above‑ground stories may not increase under the changes. After discussion, Supervisor Asha Safae moved to accept the Mandelman and Peskin amendments as modified. The committee accepted the amendments without objection and continued the item one week for a formal vote on July 15.

Next step: the ordinance returns to the committee on July 15 with the sponsor and amendments incorporated for a final committee vote.