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Land Use committee forwards interim zoning controls to pause unpermitted Market Street conversions

Land Use and Economic Development Committee · March 2, 2015
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Summary

The Land Use and Economic Development Committee voted unanimously to forward interim zoning controls aimed at pausing unpermitted conversions of commercial space to residential use in Mid‑Market while the city studies impacts on rent‑controlled housing and public notice procedures.

The Land Use and Economic Development Committee on March (date on agenda materials) voted unanimously to forward a resolution imposing interim zoning controls that would limit building permits for certain commercial uses for 12 months while the city studies unpermitted conversions of commercial space into residential units.

Supervisor Jane Kim, who moved the non‑substantive amendments and the committee motion, said the changes emphasize evidence that preexisting office spaces on Market Street and elsewhere have been converted to residential use without proper permits and public notice. Deputy City Attorney John Gibner advised members to read the amendment language into the record because a written copy was not available at the hearing.

Tenants from Mid‑Market spoke during the public comment period, recounting repeated threats of eviction after landlords sought to convert floors to commercial use. Naomi Ann Cooper (1049 Market Street) told the committee the changes would "help us and the other people in San Francisco to have affordable housing," and David Lucey (1061 Market) said recent actions had already displaced about 20 artists from his building. Tommy, director of counseling programs at the Housing Rights Committee, said the conversions were widespread in the mid‑market area and urged a positive recommendation to the full Board to protect long‑term, rent‑controlled units.

Representing the property owners, attorney Ryan Patterson objected to last‑minute amendments, saying the revisions "make this resolution even more retroactive, which is illegal as applied to a permit where rights invested." He argued that retroactive invalidation of permits could expose owners to liability tied to eviction notices served earlier. The committee adopted Supervisor Kim's stated, non‑substantive amendment and then moved to forward the item as amended with a positive recommendation; the motion passed without objection.

The interim controls are intended to preserve notice and public review for changes of use the city says have occurred without permits. The committee forwarded the resolution to the full Board of Supervisors for consideration; staff and the committee noted technical and code issues (ventilation, egress, insurance coverage and public‑safety considerations) raised by engineers and building‑code professionals during public comment that will require follow‑up as the ordinance proceeds to the full board.