Supervisors split and amend major RH1-to-RH2 rezoning and density-exception after look-back debate

The Land Use and Transportation Committee on Sept. 19 took steps to move a broad residential zoning and density package forward while splitting the measure into two separate ordinances to ease political and technical debate. The package would rezone most RH1 parcels to RH2 and create a density-exception allowing up to four dwelling units per lot (and up to six on corner lots), with administrative changes to subdivision and the administrative code.

Supervisor Rafael Mandelmann, the item’s author, reviewed the bill’s history and urged the committee to accept a set of amendments including rent-control cleanup language and annual reporting requirements; he asked the committee to split the file so rezoning (RH1→RH2) is handled separately from the density-exception program and related implementation rules. "We can put the RH1 to RH2 in one piece of legislation. Put everything else in another piece of legislation," Mandelmann said during his introduction.

A central substantive dispute focused on a homeowner "look-back" intended to deter speculative purchases. The prior version included a five-year ownership requirement; Mayor’s office staff stated that a five-year look-back was a nonstarter. After back-and-forth among supervisors, the committee adopted a compromise: the committee asked city attorneys to insert look-back language modeled on the vetoed version but with a four-year ownership period for the operative provision, while keeping the broader anti-speculation findings on the record.

The committee also approved two amendments requested by the author that the city attorney had prepared: language clarifying that units created through the density exception would be subject to the San Francisco Rent Stabilization and Arbitration Ordinance (admin code Chapter 37) and addition of annual reporting requirements on affordability, racial equity and language access goals.

Because of those substantive changes and to make drafting and political negotiations easier, the committee duplicated the file and ordered staff to produce two versions: one that retains the zoning map changes and removes the density-exception program, and another that retains the density-exception program and removes the rezoning. The committee voted to continue the matter to Oct. 3 to give staff and the mayor’s office time to finalize language and allow supervisors more time for outreach and technical review.

Public commenters and housing advocates presented divergent views during the extensive public-comment period. Speakers urged caution about state compliance and the city’s housing element review, raised concerns about demolition and displacement, and pushed for clarity on the homeowner affidavit and enforcement mechanics. The committee directed staff and the city attorney to prepare the duplicate files and the revised look-back language for the next hearing.

The next procedural step is the Oct. 3 committee meeting, where staff will present the duplicated files and the city attorney will confirm the operative language for the look-back and the rent-control and reporting amendments. No final rezoning or density-exception ordinance was adopted today; the committee’s votes authorize further drafting and set the matter for more committee review.