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Committee forwards Midtown Terrace rezoning with carve‑out to preserve local ADU allowance

Land Use and Transportation Committee · September 19, 2016
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Summary

The Land Use & Transportation Committee voted to forward an ordinance correcting Midtown Terrace zoning from RH1 to RH1D and adopted an oral amendment intended to preserve the neighborhood's eligibility for locally allowed accessory dwelling units (ADUs); the item goes to the full Board as amended but without recommendation.

Supervisor Norman Yee brought an ordinance to correct a zoning map error in the Midtown Terrace neighborhood, asking the committee to rezone parcels from RH1 to RH1D to reflect the area’s detached single‑family homes. Planning staff said the Planning Commission unanimously recommended approval, finding the neighborhood’s character matches RH1D and that rezoning would eliminate the ability to have two units on large lots while preserving neighborhood form.

A key issue on the item was whether rezoning to RH1D would remove Midtown Terrace from the city’s local ADU rules. Aaron Star of the Planning Department explained technical differences between RH1 and RH1D, noting RH1D requires side setbacks and that RH1D lots are treated differently for unit‑per‑lot rules. Star said the department was working on how to implement ADUs under state law in practice.

Supervisor Scott Weiner proposed an oral amendment to ensure rezoning would not remove the local ADU allowance. Weiner read the amendment into the record: “for all lots proposed to be rezoned from RH1 to RH1D under today’s ordinance, the prohibition of adding an accessory dwelling unit pursuant to planning code section 207 does not apply.” He said the amendment was intended to preserve the neighborhood’s ability to add ADUs under the local program while correcting the zoning to reflect detached homes.

Public comment split along neighborhood lines. Homeowners and the Midtown Terrace Homeowners Association urged the committee to correct what they described as a miszoning that has in some cases permitted build‑to‑lot‑line projects; David McAdams said the primary impetus was “protecting the detached character of the neighborhood.” Several residents said they do not oppose ADUs and wanted setbacks preserved. Renters and housing advocates urged caution, calling the change a downzoning that could reduce future housing potential and urging the committee not to limit opportunities for additional units.

After discussion, the committee adopted Supervisor Weiner’s oral amendment and voted to forward the ordinance to the full Board “as amended, but without recommendation.” The chair announced the motion passed unanimously without objection. The item will next be considered by the full Board of Supervisors.