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San Francisco committee advances ordinance to require review before removal of housing units; continues debate over costs and retroactivity
Summary
The Land Use & Transportation Committee debated an ordinance that would require Planning Commission conditional‑use review before removal of any housing unit (including unauthorized 'in‑law' units); supervisors accepted amendments (including a proposed March 1, 2016 retroactivity date) and continued the item one week to resolve funding and single‑family home questions.
Supervisor David Avalos introduced an ordinance to require conditional use (CU) authorization before any residential unit—legal or unauthorized—can be removed, and to mandate notice and potential legalization when a notice of violation (NOV) identifies an unauthorized unit. Avalos said the measure shifts the burden of proof to property owners seeking removal and aims to halt the loss of existing affordable units amid ongoing evictions and conversions.
Planning Department staff (Kimiya Haradon) told the committee the department and Planning Commission support the change because it creates consistent rules across zoning districts, removes two administrative removal routes (a pricing threshold and an 'unsound building' technical report) and creates a new, code‑based definition of "unauthorized unit." Planning also proposed three findings the commission must weigh when deciding removal: (1) whether the unit is eligible for legalization, (2) whether legalization costs are reasonable (based on the department's legalization cost database), and (3) whether legalization is…
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