o0053-23

AMENDED IN COMMITTEE FILE NO. 210585 3/13/2023 ORDINANCE NO. 053-23 [Planning Code - State-Mandated Accessory Dwelling Unit Controls] Ordinance amending the Planning Code to clarify the ministerial approval process for certain Accessory Dwelling Units (ADUsl meeting certain requirements in single-family and multifamily buildings and to permit certain ADUs in the rear yard under the City's local. discretionary approval program; affirming the Planning Department's determinationmaking findings under the California Environmental Quality Act; making findings of consistency with the General Plan and the eight priority policies of Planning Code, Section 101.1; and adopting findings of public necessity, convenience, and welfare under Planning Code, Section 302. NOTE: Unchanged Code text and uncodified text are in plain Arial font. Additions to Codes are in single-underline italics Times New Roman font. Deletions to Codes are in strikethrough italics Times ,\1ew Roman font. Board amendment additions are in double-underlined Arial font. Board amendment deletions are in strikethrough Arial font. Asterisks (* * * *) indicate the omission of unchanged Code subsections or parts of tables. Be it ordained by the People of the City and County of San Francisco: Section 1. Findings. (a) On April 24, 2014, the Planning Commission certified the 2004 and 2009 Housing Element Final Environmental Impact Report ("Final EIR"} in accordance with the California Environmental Quality Act (California Public Resources Code Sections 21000 et seq.} ("CEQA"), the CEQA Guidelines (California Code of Regulations Title 14, Sections 15000 et seq.}, and Chapter 31 of the San Francisco Administrative Code. Subsequent to the adoption of the Final EIR, the City has approved and incorporated eight addenda into the analysis of the Final EIR and made requisite findings under CEQA.The Planning Department has Mayor Breed BOARD OF SUPERVISORS Page 1 determined that the actions contemplated in this ordinance comply i.vith the California Environmental Quality Act (California Public Resources Code Sections 21000 et seq.). Said determination is on file with the Clerk of the Board of Supervisors in File No. _____ and is incorporated herein by reference. The Board affirms this determination. (b) The Planning Department prepared Addendum No. 9 to the Final EIR. dated September 9, 2022 ("Addendum"). The Addendum evaluates the environmental effects of the actions contemplated in this ordinance, which are an implementing program of the Project evaluated in the Final EIR. The Addendum determines that: these actions would not cause new significant impacts that were not identified in the Final EIR: these actions would not cause significant impacts that were previously identified in the Final EIR to become substantially more severe: no new mitigation measures would be necessary to reduce significant impacts: no changes have occurred with respect to circumstances surrounding these actions that would cause significant environmental impacts to which these actions would contribute considerably: and no new information has become available that shows that these actions would cause significant environmental impacts. For these reasons, no subsequent or supplemental environmental review is required. The Board of Supervisors has reviewed and considered the Final EIR and the Addendum, and the Planning Department's determination is on file with the Clerk of the Board of Supervisors in File No. 210585 and is incorporated herein by reference. (a~) On September 2, 2021, the Planning Commission, in Resolution No. 20971, adopted findings that the actions contemplated in this ordinance are consistent, on balance, with the City's General Plan and eight priority policies of Planning Code Section 101.1. The Board adopts these findings as its own. A copy of said Resolution is on file with the Clerk of the Board of Supervisors in File No. 210585, and is incorporated herein by reference. Mayor Breed BOARD OF SUPERVISORS Page (GQ) Pursuant to Planning Code Section 302, the Board of Supervisors finds that this ordinance will serve the public necessity, convenience, and welfare for the reasons stated in Planning Commission Resolution No. 20971. Section 2. The Planning Code is hereby amended by revising Sections 102, 136, 207, 1005, and 1110, to read as follows: SEC. 102. DEFINITIONS. * * * * Dwelling Unit, Accessory, or ADU. Also known as a Secondary Unit or In-Law Unit, is a Dwelling Unit that meets all the requirements of subsection 207{c){4) or subsection 207(c)(6) and that is accessory to at least one other Dwelling Unit on the same lotis constructed either entirely within the existing built envelope, the "living tlretl" tlS defined in Sttlte ffl'/,', or the buildtlble tlretl o.ftln existing or proposed building in tlretls thtlt tlllow residentitll l;{;Se; or is constructed ·within the existing built envelope oftln existing tlnd tluthorized tlUXilitlry structure on tlie smne lot. A detached ADU shall not share structural walls with either the primary structure or any other structure on the lot. Height for detached AD Us located outside the buildable area shall be measured from existing grade at any given a pitched roof or stepped roof. or similarly sculptured roo[form. Height for detached AD Us located outside the buildable area shall not be eligible for any exemptions described in Planning Code subsection 260(b}. Dwelling Unit, Junior Accessory, or JADU. A Dwelling Unit that meets all the requirements of subsection 207{c){6), and that: {a) is accessory to at least onepther Dwelling Unit on the same lot; Mayor Breed BOARD OF SUPERVISORS Page is no more than 500 square feet of Gross Floor Area; is contained entirely within an existing or proposed single-family structure; (b) (c) (d) may include separate sanitation facilities, or may share sanitation facilities with the existing structure; (e) (f) is owner-occupied, unless the owner resides in the remaining portion of the structure; includes an entrance to the Junior Accessory Dwelling Unit that is separate from the main entrance to the proposed or existing single-family structure; and (g) includes an efficiency kitchen that meets the requirements of Government Code Section 65852.22(a)(6), including a cooking facility with appliances, and a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the Junior Accessory Dwelling * * * * SEC. 136. OBSTRUCTIONS OVER STREETS AND ALLEYS AND IN REQUIRED SETBACKS, YARDS, AND USABLE OPEN SPACE. * * * * (c) The permitted obstructions shall be as follows: * * * * (32) Infill under decks and cantilevered rooms when adding an Accessory Dwelling Unit; provided, however, that such infill shall comply with Section 207(c)(4) or Section 207(c)(6) of this Code, whichever is applicable; and provided further that if the ADU is proposed for a single-family home, the rear yard must be 25% of the lot depth but in no case less than 15 feet. (33) One detached Accessory Dwelling Unit that complies with the requirements of Planning Code subsection 207(c)(4)(xii). Mayor Breed BOARD OF SUPERVISORS Page4 * * * * SEC. 207. DWELLING UNIT DENSITY LIMITS. * * * * (c) Exceptions to Dwelling Unit Density Limits. An exception to the calculations under this Section 207 shall be made in the following circumstances: * * * * (4) Accessory Dwelling Units - Local Accessory Dwelling Unit Program: Accessory Dwelling Units in Multifamily Buildings andt Accessory Dwelling Units in Single-Family Homes That Do Not Strictly Meet the Requirements in subsection (c)(6). (A) Definition. An "Accessory Dwelling Unit" (ADU) is defined in Section 102. (B) Applicability. This subsection (c)(4) shall apply to the construction of Accessory Dwelling UnitsADUs on all lots located within the City and County of San Francisco in areas that allow residential use, except th€l:t construction o.{€1:n Accessory Dwelling Unit isADUs regulated by subsection ( c )(6) below., €1:nd not this subsection (c)(4), if€1:ll oftlw follondng circumst€l:nces exist: (i) (ii) only one ADU ·will be constructed; the ADU ,vill be lornted on €l: lot t.'1€1:t is zoned for single fmnily or multifamily use €1:nd cont€l:ins €1:n existing or proposed single family d,velling; (iii) the ADU is eit.'ier €l:tt€1:ched to or will be constructed entirely 'IVit.'iin the "lhdng €1:rea" (as defined in subsection (c)(6)(B)(iii)) or t.'ie build€l:ble €l:re€l: of€l:n t.'ie proposed or existing prim€l:ry d?,velling single family home, or constructed within t.'ie built envelope of €1:n existing €1:nd €1:uthorized €l:uxili€l:ry structure on the smne lot; provided, however, th€1:t (A) when €l: st€l:nd €1:lone gBroge, storage structure, or other €l:uxili€l:ry structure is being converted to €1:n ADU, €1:n Mayor Breed BOARD OF SUPERVISORS Page expansion to the envelope is allowed to add dormers even if the s[{1nd alone garage, storage strblctblre, or other at1:Xiliary stmctblre is in t,Z,,e reqblir~d rear yard and (B) on a corner lot, a legal s[{1nd alone nonconforming garage, storage stmctblre, or ot.ier at1:Xiliary strblctblre may be expanded ,vit.iin its existing footprint by up to one additional story in or~er to create a consistent street v.1all and impr-O'v'e the continblity of bblildings on the block. (iv) the ADU ',viii strictly meet the reqblirements set forth in sblbsection (c)(6) .tdt.ioblt reqbliring a .vaiver of Code reqblir~mentspblrsblant to sblbsection (c)(4)(G); and (v) the permit application does not inclblde seismic upgrade work pblrs1;wnt to sblbsection (c)(4)(F). (C) Controls on Construction. An Accessory Dwelling UnitADU regulated by this subsection (c)(4) is permitted to be constructed in an existing or proposed building under the following conditions: (i) For lots that have four existing Dwelling Units or fewerL or where the zoning would permit the construction of four or fewer Dwelling Units, one ADU is permitted,f Efor lots that have more than four existing Dwelling Units or are undergoing seismic retrofitting under subsection (c)(4 )(F) below, or where the zoning would permit the construction of more than four Dwelling Units, there is no limit on the number of ADUs permitted, as long as all other health and safety requirements are met. (ii) The Department shall not approve an application for construction of an ADU where a tenant on the lot washas been evicted pursuant to Administrative Code Sections 37.9(a)(9) through (a)(12) and 37.9(a)(14) under a notice of eviction served within 10 years prior to filing the application for a building permit to construct the ADUL or where a tenant has beenwas evicted pursuant to Administrative Code Section 37.9(a)(8) under a notice of eviction served within five years prior to filing the application for a building permit to construct the ADU. This subsection (c)(4)(C)(ii) shall not apply if the tenant was evicted under Mayor Breed BOARD OF SUPERVISORS Page Section 37.9(a)(11) or 37.9(a)(14) and the applicant(s) either (A) have certified that the original tenant reoccupied the unit after the temporary eviction or (B) have submitted to the Department and to the Residential Rent Stabilization and Arbitration Board (Rent Board) a declaration from the property owner or the tenant certifying that the property owner notified the tenant of the tenant's right to reoccupy the unit and the tenant chose not to reoccupy it. (iii) Prior to submitting an application to construct an ADU under this subsection (c)(4), the property owner shall file with the Rent Board a written declaration, signed under penalty of perjury, demonstrating that the project will comply with the requirements of Administrative Code Sections 37.2(r) and 37.9 relating to severance, substantial reduction, or removal of a housing service. The Rent Board shall determine the form and content of said declaration, which shall include the following information: (1) a description of any housing services supplied in connection with the use or occupancy of any units on the subject property that are located in the area of the property or building where the ADU would be constructed; (2) whether construction of the ADU would result in the severance, substantial reduction, or removal of any such housing services; and (3) whether any of the just causes for eviction under Administrative Code Section 37.9(a) would apply. The property owner shall also file a copy of the notice required under Section 207(c)(4)(J) with the declaration. (iv) Tenants at the subject property may contest the information in the declaration required by subsection 207(c)(4)(C)(iii) by petitioning for a written determination from the Rent Board verifying the presence and defining characteristics of the housing service or services in question, and whether any such housing services would be severed, substantially reduced, or removed by the project as proposed. Petitions must be filed with the Rent Board within 30 calendar days after the notice required under subsection 207(c)(4)(J) has been provided. If no such petition is timely filed, the Rent Board shall promptly transmit Mayor Breed BOARD OF SUPERVISORS Page the declaration to the Planning Department. If any such petition is timely filed, the Rent Board shall endeavor to transmit the declaration and its final written determination on the petition to the Planning Department within 90 calendar days of receipt of said petition. The Department shall not approve an application to construct an ADU under this subsection (c)(4) unless (1) the Rent Board has transmitted the declaration and final written determination required by subsections (c)(4)(C)(iii) and (c)(4)(C)(iv), and (2) the materials transmitted by the Rent Board indicate that construction of the ADU would not result in the severance, substantial reduction, or removal without just cause of any tenant housing service set forth in Administrative Code Section 37.2(r) that is supplied in the area of the property or building where the ADU would be constructed, unless the property owner demonstrates that the tenant supplied with that housing service has given their express written consent for the severance, substantial reduction, or removal of the housing service. (v) Except as provided in subsections (vi)~ and (xiv«) below, an Accessory Dwelling UnitADU shall be constructed Q,_entirely within the buildable area of an existing lot, provided that the ADU does not include a vertical additionexceed the existing height of an existing the building in which it is constructed, or ~within the built envelope of an existing and authorized sttznd t1lenedetached garage, storage structure, or other t1uxilit1rydetached structure on the same lot, t1s the built envelope existed threeyet1rsprior to the time the appliCtitien was.filed for a building permit to construct the ADU. For purposes of this subsection 207(c){4), a "detached" structure or ADU shall not share structural walls with either the primary structure or any other structure on the lot. For purposes of this subsection 207(c)(4)(C)(v), the "built envelope" shall include the open area under an existing and authorized cantilevered room or room built on columns; decks, except for decks that are supported by columns or walls other than the building wall to which they are attached and are multi-level or more than 10 feet above grade; and lightwell infills provided that the infill will be Mayor Breed BOARD OF SUPERVISORS Page against a blank neighboring wall at the property line and not visible from any off-site location; as these spaces exist as of July 11, 2016. An ADU constructed entirely within the existing built envelope, as defined in this subsection 207(c)(4)(C)(v), along with permitted obstructions allowed in Section 136(c)(32), of an existing building or authorized tnailierydetached structure on the same lot, or where an existing stand ekmedetached garage or storage structure has been expanded to add dormers, is exempt from the notification requirements of Section 311 of this Code unless the existing building or authorized euxilierydetached structure on the same lot is an Article 10 or Article 11 individual landmark or is in an Article 10 or Article 11 DistrictL in which case the notification requirements will apply. If an ADU will be constructed under a cantilevered room or deck that encroaches into the required rear yard, a pre-application meeting beti.veen the applicant and adjacent neighbors for all the proposed workthat complies with the Planning Commission's Pre-Application policy is required before the application may be submitted. (vi) When a stand el-onedetached garage, storage, or other auxiliary structure is being converted to an ADU, an expansion to the envelope is allowed to add dormers even if the stand elonedetached garage, storage structure, or other auxiliary structure is in the required rear yard. (vii) On a corner lot, a legal stend elonedetached nonconforming garage, storage structure, or other auxiliary structure may be expanded within its existing footprint by up to one additional story in order to create a consistent street wall and improve the continuity of buildings on the block. (viii) ADUs shall comply with any applicable controls in Planning Code Section 134(/). (+'iii~) An Accessory Dwelling UnitADU shall not be constructed using space from an existing Dwelling Unit except that an ADU may expand into habitable space on Mayor Breed BOARD OF SUPERVISORS Page 9 the ground or basement floors provided that it does not exceed 25% of the total gross square footage of such space on the ground and basement floors. The Zoning Administrator may waive this 25% limitation if (1) the resulting space would not be usable or would be impractical to use for other reasonable uses,. includeding, but not limited to,. storage or bicycle parking or (2) waiving the limitation would help relieve any negative layout issues for the proposed ADU. (ix) An existing building undergoing seismic retrofitting may be eligible for a height increase pursuant to subsection (c)(4)(F) below. (xi) Notwithstanding any other provision of this Code, an Accessory D 1,velling UnitADU authorized under this Section 207(c)(4) may not be merged with an original unit(s). (xii) An Accessory Dwelling UnitADU shall not be permitted in any building in a Neighborhood Commercial District or in the Chinatown Community Business or Visitor Retail Districts if it would eliminate or reduce a ground-story retail or commercial space, unless the Accessory Dwelling Unit is a Designated Child Care Unit, as defined in Section 102, and meets all applicable standards of Planning Code Section 414A.6(e). (ixiii) An Accessory Dwelling Unit shall not be permitted under this subsection (c)(4) if it would result in the reduction or removal of on-site laundry service, unless that laundry service is replaced with at least the same number or capacity of washers and dryers within the same building and as accessible as before to all building tenants. (xiv) An application for a permit solely to construct an ADU in a proposed buildin Section 311 of this Code-:; however, any+Re application for a permit to construct the proposed building shall be subiect to any applicable notification requirements of Section 311 of this Code. Mayor Breed BOARD OF SUPERVISORS Page 1 (xv} In addition to any ADUs permitted under this Section 207(c}(4} within the primary structure, one detached ADU shall be permitted within the required rear yard if it complies with the following requirements: a. The proposed ADU is located at least four feet from the side and rear lot lines and has a height no greater than sixteen feet. b. The Gross Floor Area of a detached ADU that provides one bedroom or less shall not exceed 850 square feet. The Gross Floor Area of a detached ADU that provides more than one bedroom shall not exceed 1,000 square feet. (D) Prohibition of Short-Term Rentals. An Accessory Dwelling UnitADU shall not be used for Short-Term Residential Rentals under Chapter 41A of the Administrative Code, which restriction shall be recorded as a Notice of Special Restriction on the subject lot. (E) Restrictions on Subdivisions. Notwithstanding the provisions of Article 9 of the Subdivision Code, a lot with an Accessory Dv,•elling UnitADU authorized under this Section 207(c)(4) shall not be subdivided in a manner that would allow for the ADU to be sold or separately financed pursuant to any condominium plan, housing cooperative, or similar form of separate ownership.,_; provided, however, that t_Ihis prohibition on separate sale or finance of the ADU shall not apply to an ADU in a building that (i) within three years prior to July 11, 2016 ,vas an existingconsisted entirely of condominium ,1lith no Rental Unit as defined in Section 37.2(r) 0:fthe Administrative Codeunits as of July 11, 2013, and fii:t-has had no evictions pursuant to Sections 37.9(a) through 37.9(a)(12) and 37.9(a)(14) of the Administrative Code within 10 years prior tosince July 11, 2-()..Jf 996. This prohibition on separate sale or finance of the ADU shall not apply to an ADU that meets the requirements of California Government Code Section 65852.26. (F) Buildings Undergoing Seismic Retrofitting. For Accessory Dwelling YnitsADUs on lots with a building undergoing mandatory seismic retrofitting in compliance with Chapter 40 of the Existing Building Code or voluntary seismic retrofitting in compliance with Mayor Breed BOARD OF SUPERVISORS Page 11 the Department of Building Inspection's Administrative Bulletin 094, the following additional provision applies: If allowed by the Building Code, a building in which an Accessory Dwelling .f!nHADU is constructed may be raised up to three feet to create ground floor ceiling heights suitable for residential use. Such a raise in height (i) Shall be exempt from the notification requirements of Section 311 of this Code; and (ii) May expand a noncomplying structure, as defined in Section 180(a)(2) of this Code and further regulated in Sections 172, 180, and 188, without obtaining a variance for increasing the discrepancy between existing conditions on the lot and the required standards of this Code. (iii) On lots where an ADU is added in coordination with a building undergoing mandatory seismic retrofitting in compliance with Chapter 40 of the Existing Building Code or voluntary seismic retrofitting in compliance with the Department of Building Inspection's Administrative Bulletin 094, the building and the new ADU shall maintain any eligibility to enter the condo-conversion lottery and may only be subdivided if the entire property is selected on the condo-conversion lottery. (iv) Pursuant to subsection (4)(C)(i), there is no limit on the number of ADUs that are permitted to be added in connection with a seismic retrofit. as long as all health and safety requirements are met. (G) Waiver of Code Requirements; Applicability of Rent Ordinance. Pursuant to the provisions of Section 307(1) of this Code, the Zoning Administrator may grant an Accessory Dwelling Unit a complete or partial waiver of the density limits and bicycle parking, rear yard, exposure, or open space standards of this Code for ADUs constructed within an existing building, and may grant a waiver o{the density limits of this Code for ADUs constructed within a proposed building. If the Zoning Administrator grants a complete or partial waiver of the Mayor Breed BOARD OF SUPERVISORS Page 1 requirements of this Code and the subject lot contains any Rental Units at the time an application for a building permit is filed for construction of the Accessory Dwelling UnitADU(s), the property owner(s) shall enter into a Regulatory Agreement with the City under subsection ( c )( 4 )(H) subjecting the ADU( s) to the San Francisco Residential Rent Stabilization and Arbitration Ordinance (Chapter 37 of the Administrative Code) as a condition of approval of the ADU(s). For purposes of this requirement, Rental Units shall be as defined in Section 37 .2(r) of the Administrative Code. (H) Regulatory Agreements. A Regulatory Agreement required by subsection (c)(4)(G) as a condition of approval of an Accessory Dwelling Unit shall contain the following: (i) a statement that the ADU(s) are not subject to the Costa Hawkins Rental Housing Act (California Civil Code Section 1954.50) because, under Section 1954.52(b ), the owner has entered into this agreement with the City in consideration for a complete or partial waiver of the density limits, and/or bicycle parking, rear yard, exposure, or open space standards of this Code or other direct financial contribution or other form of assistance specified in California Government Code Sections 65915 et seq. ("Agreement"); and (ii) a description of the complete or partial waiver of Code requirements granted by the Zoning Administrator or other direct financial contribution or form of assistance provided to the property owner; and (iii) a description of the remedies for breach of the Agreement and other provisions to ensure implementation and compliance with the Agreement. (iv) The property owner and the Planning Director (or the Director's designee), on behalf of the City, will execute the Agreement, which shall be reviewed and approved by the City Attorney's Office. The Agreement shall be executed prior to the City's Mayor Breed BOARD OF SUPERVISORS Page 1 issuance of the First Construction Document for the project, as defined in Section 107 A.13.1 of the San Francisco Building Code. (v) Following execution of the Regulatory Agreement by all parties and approval by the City Attorney, the Regulatory Agreement or a memorandum thereof shall be recorded against the property and shall be binding on all future owners and successors in interest. Any Regulatory Agreement entered into under this Section 207(c)(4) shall not preclude a landlord from establishing the initial rental rate pursuant to Section 1954.53 of the Costa Hawkins Rental Housing Act. (I) Monitoring Program. (i) Monitoring and Enforcement of Unit Affordability. The Department shall establish a system to monitor the affordability of the Accessory Dwelling Units authorized to be constructed by this subsection 207(c)(4) and shall use such data to enforce the requirements of the Regulatory Agreements entered into pursuant to subsection (c)(4)(H). Property owners shall provide the Department with rent information as requested by the Department. The Board of Supervisors recognizes that property owners and tenants generally consider rental information sensitive and do not want it publicly disclosed. The intent of the Board is for the Department to obtain the information for purposes of monitoring and enforcement but that its public disclosure is not linked to specific individuals or units. The Department shall consult with the City Attorney's Office with respect to the legal requirements to determine how best to achieve the intent of the Board. (ii) Monitoring of Prohibition on Use as Short Term Rentals. The Department shall collect data on the use of Accessory Dwelling UnitsADUs authorized to be constructed by this subsection (c)(4) as Short-Term Residential Rentals, as that term is defined in Administrative Code Section 41 A.4, and shall use such data to evaluate and Mayor Breed BOARD OF SUPERVISORS Page 14 enforce Notices of Special Restriction pursuant to subsection 207(c)(4)(D) and the requirements of Administrative Code Chapter 41 A. (iii) Department Report. As part of the annual Housing Inventory, t+he Department shall publish a report annually until April 1, 2019, that describes and evaluates the types of units being developed pursuant to this subsection 207{c){4),-and their affordability rates, as well as their use as Short-Term Residential Rentals, and. The report shall contain such additional information as the Director or the Board of Supervisors determines would inform decision makers and the public on the effectiveness and implementation of this subsection 207(c)(4)L and shall include recommendations for any amendments to the requirements of this Section 207 ( c )( 4 ). The Department shall transmit this report to the Board of Supervisors for its revinF and public input. In subsequent years, this information on Accessory Dwelling Units shall be reported annually in the Housing In,1entory. * * * * (6) Accessory Dwelling Units - State Mandated Accessory Dwelling Unit Program: Accessory Dwelling Units in Existing or Proposed Single Family HomesDwellings or in a Detached Auxiliary Structure on the Same Lot. (A) Applicability. This subsection 207(c)(6) shall apply to the construction of Accessory D,velling UnitsADUs and Junior Accessory Dwelling Units {"JADUs ") ( as defined in Section 102) in existing or proposed single family homesdwellings, or in a detached a'UXiliary structure on the same lot if the ADU meets the applicable requirements of this subsection207{c){6). An ADU constructed pursuant to this subsection is considered a residential use that is consistent with the General Plan and the zoning designation for the lot. Adding onean ADU or JADU in compliance with this subsection 207(c)(6) to an existing or proposed single family home or in a detached a'UXiliary structure on the same lot does not exceed the allowable density for the lot. Unless otherwise specified, for purposes o(this subsection 207(c){6), a Mayor Breed BOARD OF SUPERVISORS Page 1 "detached" structure or ADU shall not share structural walls with either the primary structure or any other structure on the lot. If construction of the ADU will not meet the requirements of this subsection and the ADU rnnnot be constructed without a waiver of Code requirements pursuant to subsection (c)(4)(G), the ADU is regulated pursuant to subsection 207(c)(4) and not this subsection 207(c)(6). (B) Lots Zoned fer Single Family or Alult-ifamily Use and Centaining an Existing er Prepesed Single ... llamily Heme; General Controls on Construction. An Accessory Dwelling Unit_lornted on a lot that is zoned for single family or multifamily use and contains an existing or proposed single family dlvclling andADU constructed pursuant to this subsection (c)(6) shall meet all of the following: (i) The ADU ',Vil! strictly meet the requirements set forth in this subsection (c)(6)(B) without requiring a wai,•cr of Code requirements pursuant to subsection (c)(4)(G). (ii) to subsection (c)(4)(F). (iii) The pcnnit applirntion docs not include seismic upgrade ·work pursuant Only one ADU will be constructed that is either attached to or will be constructed entirely within the "living area" (as dqfincd in subsection (c)(6)(B)(iii)) or ,vithin the buildablc area of the proposed or existing primary thvclling or, except as provided by subsections (B)(x) and (xi) below, within the built envelope ~fan existing and authorized auxiliary structure on the same lot. "Lh•ing area" means (as defined in Section 65852.2(i)(l) of the California Government Code) "the interior habitable area &fa dwelling unit including basements and attics, but docs not include a garage or any accessory structure. " (iv} The ADU must have independent exterior access from the existing or proposed primary dwelling or existing accessory structure, and side and rear setbacks sufficient for fire safety. Mayor Breed BOARD OF SUPERVISORS Page 16 (jjy) For projects involving a property listed in the California Register of Historic Places, or a property designated individually or as part of a historic or conservation district pursuant to Article 10 or Article 11 , the ADU or JADU shall comply with any architectural review standards adopted by the Historic Preservation Commission to prevent adverse impacts to such historic resources. Such projects shall not be required to obtain a Certificate of Appropriateness or a Permit to Alter. (vi) The Department shall apply any design guidelines in the Code to the proposed-project and re'v•ieiv the design o.ftlwproposedproject to ensure architectuml compatibility ,vith existing buildings on tlw subject lot. (vii) No setback is required.fer an existing garoge that is converted to an (viii) All applicable requirements of San Francisco's health and safety codes shall apply, including but not limited to the Building and Fire Codes. (ivix) No parking is required for the ADU. Ifexistingparking is demolished in onier to construct the ADU, only the parking space required by this Code for the existing single family home must be repfoced, except that no repfocementparking is required for An ADU approved pursuant to subsection 207(c)(6)(D). Jfrepfocementparking is required, it may be lornted in any con-figurotion on the lot including but not limited to covered, uncm·ered, or t€lndem space or by the use afmeclwnical automobile parking lifts. (x) Wflen a st€lnd alone garoge, storoge, or other auxiliary structure is being converted to an ADU, an expansion to the envelope is allo,}·ed to add dormers even if the st€lnd alone garage, storoge structure, or other auxiliary structure is in the required required N!€lr yard. (xi) On a corner lot, a legal st€lnd alone noncon-fonning garoge, storoge structure, or other mtxiliary structure may be expanded within its existing footprint by up to one Mayor Breed BOARD OF SUPERVISORS Page 17 additional story' in order to create a consistent street ',mil and impro',)e the continuity o.fbuild-ings on the block. (xii) WJien the ADU im,·olves expansion of the built em,·elope ofan existing primary dwelling, or an expansion o.f the built envelope ofan existing and authorized stand alone garage, storage structure, or other auxiliary structure on the same lot, or the construction ofa new detached auxiliary structure on the same lot, the totalfloor area of the ADU shall not exceed 1,200 square feet. (C) Permit Application Review and Approval. The Department shall appruve an application for a permit to construct an Accessory Dwelling Unit ·within 120 days from receipt of the complete application, without modification or disappro..,,'fll, if the proposed construction fully complies with the r~quirements set forth in subsection (c) (6) (B). l'lo requests for discretionary review shall be accepted by the Planning Departmentforpermit applications meeting the requirements ofthis subsection (c) (6). The P tanning Commission shall not hold a public hearing for discr~tionary reviev,· of permit applications meeting the r~quirements ofthis subsection (c)(6). Permit applications meeting the requirements of this subsection (c) (6) shall not be subject to tlw notification or re..,,·iew requirements of Section 311 of this Code. (D) Appeal. The procedures .for appeal to the Board of Appeals of a decision by the Department under this subsection (c) (6) shall be as set forth in Section 8 of the Business and Tax Regulations Code. (E) :Pr~hibition ~fShor4 Term Rentals. An Accessory Dwelling Unit_authorized under #1is subsection (c)(6) shall not be used for Short Term Residential Rentals under Chapter 41A of the Administrative Code. This restriction shall be recorded as a ,Votice of Special Restriction on the subject lot. (F) Rental; Restrictions on Subdivisions. Mayor Breed BOARD OF SUPERVISORS Page 1 (i) An ADU constrbtctedpbtrsbi:ttnt to this sbtbsection (c)(6) may be rented and is sbtbject to €lll applirnbk pro.dsions o_f the Residenti€ll Rent Sttzbiliz€ltion €lnd Arbitration Ordin€lnce (Chapter 37 of the Adrninistrn:tive Code). (ii) l•lotwithst€lnding the prm,•isions ofArticle 9 of the Sbtbdivision Code, €l lot with, €ln Accessory D,velling Unit €lbtthorized btnder this subsection (c)(6) sh€lll not be Sbtbdi1e•ided in €l nwnner th€lt ,vobtld €lllo,v for the ADU to be sold or sep€lratelyfin€llicedpbt1"Sbt€lnt to €lny condominibtm p!€ln, hobtsing cooperative, or simi!€lr form ofsep€lrate ownership. (G) Deparwient Report. In the report reqbtired by tmbsection (c)(4)(I)(iii), the Dep€lrtment sh€lll inclbtde €l description €lnd evalbt€ltion o_f the nbtmber €lnd types of units being de·,,ielopedpbtrSbt€lnt to this Sbtbsection (c)(6), their afford€lbilit)• r-tltes, €lnd sbtch at.her inform€ltion €ls #w Director or the Bo€lrd of&tpendsors determines ·wobtld inform decision m€lkers and t.lze pbtblic. (H) Notification. Upon determin€ltion th€lt €ln applirntion is in compli€lnce wW1 t.lze st€lnd€lrds ofsbtbsection 207(c)(6) of the P!€lnning Code, the P!€lnning Dep€lrtment sh€lll C€lbtse €l notice to be posted on the site pbtrsbtant to rules est€lblished by the Zoning Administrator and shall C€lbtse €l written notice describing theproposedpro_ject to be sent in the m€lnner described below. This notice sh€lll be in €lddition to €lny notices reqbtired by #w Bbtilding Code €lnd sh€lll hw,;e a form€lt €lnd content determined by t,lic Zoning Administrator. This notice s.Zwll inclbtde €l description of the propos€ll comp€lred to €ln)' existing improvements on #w site with dimensions of the b€lsic featbtres, ek"Vations €lndsitep!€ln oftheproposedpro_ject inclbtding theposition of€lny €ldj€lcent bbtildings, exterior dimensions €lndfinishes, €lnd €l graphic reference scak, existing €lndproposed btses or commercial or institutional bbtsiness nmne, if known. The notice sh€lll describe the project re.dew process €lnd sh€lll set forth t.lze m€liling date afthe notice. (i) Written notice shall be m€liled to the project sponsor €lnd tenants of the tmbjectpropert)·. Written notice sh€lll €llso be m€liled to tenants of the sbtbjectproperty in btn€lbtthorized residenti€ll btnits. Mayor Breed BOARD OF SUPERVISORS Page 1 (ii) The not~firntion fH:WkBge for t1, project subject to notice under this subsection 207(c)(6) sh8ll include t1, written notice t1,nd reduced sire dm.~·ings of the project. The written notice sh8ll comp8re theproposedproject to tlw existing conditions 8t the development lot. Cht1,nge to b8sic fe8tures of the project t/1€J;t 8re qut1,ntifit1,ble sh8ll be disclosed on the written notice. The b8sic .fet1,tures 0:fexisting mid proposed conditions sht1,l/ include, vi1here epplirnbl-e, front setb8ck, building depth, re8r J,'€1,r~, depth side, setb8c,zs, building height, number o.fstories, dv,'C!ling unit count 8nd use of the building. (iii) The written notice sh8ll describe whether the project is t1, demolition, ne1,v construction or 8ltemtion project. If the project is t1,n t1,[ter-€1:tion, the type o.f8ltemtion sh8ll be described: horizonffil, vertirnl, or both horizon{tl,[ 8nd vertirnl 8dditions, 8nd ',vhere the 8lterotion is lornted. (i,;) A ',vritten project description sht1,ll be p8rt of the notice. In 8ddition, the notice sh8ll describe the project revie.1,1 process, in-fonn8tion on hm,· to obffiin 8dditionBl inform8tion, 8nd the conffict in-fonn8tion of the Pmnning Dep8rtment. (v) The building permit epplirntion number(s) sh8ll be disclosed in the written notice. (vi) 1 lxl 7 sized or equh,1t1,lent drowings to sct1,[e sht1,l/ be included with the ,vritten notice. The drowings sh8ll illustmte the existing 8ndproposed conditions in remtionship to the t1,djt1,centproperties. All dimensions 8nd text throughout the drowings sh8ll be legible. The dr8wings sh8ll include t1, site pmn, floor pmns, t1,nd e/evt1,tions documenting dimensiont1,[ c/1€J;nges th8t correspond to the b8sic fe8tures included in the written notice. The existing 8ndproposed site pmn slwll illustr8te the project including tlie full lots 8nd structU:res of the directly t1,djt1,cent properties. The existing 8nd proposedfloorpmns s.Zwll illustmte the lorntion 8nd removt1,l 0:finterior 8nd exterior 1,imlls. The use of e8ch room sh8ll be mbeled. Signifirnnt dimensions sh8ll beprovided to document tlw cht1,ngeproposed by the project. The existing t1,ndproposed el-ev8tions sh8ll document the cht1,nge in building ,•olume: Mayor Breed BOARD OF SUPERVISORS Page 20 heiglu trnd depth. Dimensional changes shall be documented, including overall building height and also parapets, penthouses, and other proposed '.>'ertical and horiwntal building extensions. Thefront and rear elevations shall include the full profiles of the adjacent structures including the adjacent structures' doors, ~windows, and general massing. Each side elevation shall include the full profile o.f the adjacent building in the foreground of the project, and the adjacent windo,t>'S, lightwells and general massing shall be illustr~ted. (vii) Language Access. All forms o.fpublic notice provided pursuant to this subsection 207(c)(6)(H) shall comply with the requirements of the Language Access Ordinance, Chapter 91 o,fthe Administrative Code, to provide '.>'ital information about the Planning Department's services or programs in the languages spoken by a Substantial Number of Limited English Spealdng Persons, as defined in Chapter 91. The notices required by this subsection 207(c)(6)(H) shall contain the information set forth in subsection 207(c)(6)(h)(ii) (v) in the languages spoken by a Substantial l'iumber ofLimited English Speaking Persons, as defined in Administrative Code Chapter 91. (viii) Online Netiee. For 30 calendar da)'S, on a publicly accessible ,vebsite that is maintained by the Planning Department, the Planning Department shall provide a digital copy formatted to print on 11 x 17 inch paper o,f the posted notice, including the contents set forth in subsection 207(c)(6)(h)(ii) (v) for the application; and digital copies ofany architectural and/or site plans that are scaled and formatted to print on 11 x 17 inch paper, are consistent with Plan Submittal Guidelines maintained andpublished by the Planning Department, and that describe and compare, at a minimum, the existing andproposed conditions at the subject property, the existing andproposed conditions in relationship to adjacent properties, and that may include a site plan, floor plans, and elevations documenting dimensional changes required to describe the proposal (C) Specific Controls for Ministerial AD Us. The purpose of this subsection 207(c)(6)(C) is to implement California Government Code Sections 65852.2(e) and 65852.22. which requires ministerial consideration of AD Us and JADUs that meet certain standards ("Ministerial Mayor Breed BOARD OF SUPERVISORS Page 21 ADUs "). ADUs and JADUs shall strictly meet the requirements set forth in this subsection (c)(6)(C) without requiring a waiver of Code requirements pursuant to subsection (c)(4)(G). The City shall approve AD Us and JADUs meeting the following requirements, in addition to the requirements of subsection 207(c)(6)(B) and any other applicable standards: (i) ADUs and JADUs within proposed space ofa proposed single-family dwelling or within existing space ofa single-family dwelling or accessory structure meeting the following conditions: a. The lot on which the ADU or JADU is proposed contains an existing or proposed single-family dwelling. b. Only one ADU and one JADU is permitted per lot. C. Each proposed ADU and JADU includes an entrance that is separate from the entrance to the existing or proposed dwelling. d. Side and rear setbacks will be sufficient for fire safety. e. !fan ADU is proposed, it will be within the existing space of a single-family dwelling or accessory structure, or within the space ofa proposed single-family dwelling, or it will require an addition ofno more than 150 square feet to an existing accessory structure to accommodate ingress and egress. f If a JADU is proposed, it meets the requirements of California Government Code Section 65852.22. (ii) Detached, new construction ADUs on lot containing a proposed or existing single-family dwelling meeting the following conditions: a. The lot on which the detached ADU is proposed contains an existing or proposed single-family dwelling. b. The lot on which the ADU is proposed does not contain another ADU, but may contain a JADU Mayor Breed BOARD OF SUPERVISORS Page 22 C. The proposed ADU is detached from the single-family dwelling and any other structure. d. The proposed ADU is new construction. e. The proposed ADU is located at least four feet from the side and rear lot lines, is no greater than 800 square feet in Gross Floor Area, and has a height no greater than sixteen feet. (iii) AD Us within existing space of a multifamily dwelling meeting the following conditions: a. The lot on which the ADU is proposed contains an existing multifamily dwelling. b. The ADU is proposed within a portion of the multifamily dwelling structure that is not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages. C. The total number of AD Us within the dwelling structure would not exceed twenty-five percent of the existing number ofprimary dwelling units within the structure, provided that all multifamily dwelling structures shall be permitted to have at least one ADU pursuant to this subsection 207{c)(6)(C)(iii) i{all other applicable standards are met. (iv) Detached, new construction ADUs on lot containing multifamily dwelling meeting the following conditions: a. The lot on which the ADU is proposed contains an existing multifamily dwelling. b. The proposed ADU is detached from the multifamily dwelling. C. The proposed ADU is located at least four feet from the side and rear lot lines and has a height no greater than sixteen feet. Mayor Breed BOARD OF SUPERVISORS Page 2 d. No more than two AD Us shall be permitted per lot pursuant to this subsection 207(c)(6)(C)(iv). (D) Specific Controls for Streamlined AD Us. The purpose of this subsection 207(c)(6)(D) is implement California Government Code Sections 65852.2(a) through (d), which requires streamlined, ministerial approval ofADUs meeting certain standards ("Streamlined ADUs"). An ADU located on a lot that is zoned for single-family or multifamily use and contains an existing or proposed dwelling, and that is constructed pursuant to this subsection 207(c)(6)(D), shall meet all of the following requirements, in addition to the requirements of subsection 207(c)(6)(B) and any other applicable standards. Provided, however, that the City shall not impose limits on lot coverage, floor area ratio, open space, and minimum lot size, for either attached or detached dwellings, that does not permit construction ofan ADU meeting all other requirements that is 800 square feet or less in Gross Floor Area, 16 feet or less in height, and with four foot side and rear yard setbacks. ADUs under this subsection 207(c)(6)(D) shall meet the following conditions: (i) Only one ADU will be constructed. (ii) The ADU will be located on a lot that is zoned for single-family or multifamily use and contains an existing or proposed dwelling. (iii) The lot on which the ADU is proposed does not contain another ADU or JADU (iv) The ADU is either a. attached to or will be constructed entirely within the proposed or existing primary dwelling, including attached garages, storage areas, or similar uses, or an accessory structure on the same lot, or b. attached to or will be constructed entirely within a proposed or legally existing detached structure on the same lot, or c. detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling. (v) If there is an existing primary dwelling, the Gross Floor Area of an attached ADU that provides one bedroom or less shall not exceed 50 percent of the Gross Floor Area Mayor Breed BOARD OF SUPERVISORS Page 24 of the existing primary dwelling or 850 square feet, whichever is greater. If there is an existing primary dwelling. the Gross Floor Area of an attached ADU that provides more than one bedroom shall not exceed 50 percent of the Gross Floor Area of the existingprimary dwelling or 1,000 square feet, whichever is greater. (vi) The Gross Floor Area ofa detached ADU that provides one bedroom or less shall not exceed 850 square feet. The Gross Floor Area ofa detached ADU that provides more than one bedroom shall not exceed 1,000 square feet. (vii) Setbacks. No setback is required for an ADU located within an existing living area or an existing accessory structure. or an ADU that replaces an existing structure and is located in the same location and constructed to the same dimensions as the structure being replaced. A setback ofno more than four feet from the side and rear lot lines shall be required for an ADU that is not converted from either an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure. (viii) When a garage. carport. or covered parking structure is demolished in con;unction with the construction of an ADU or converted to an ADU. replacement of those of{street parking spaces is not required. (ix) The ADU shall not exceed a height of 16 feet. (E) Notification requirements for AD Us on a lot containing a proposed or existing single-family dwelling. Prior to submitting an application to construct an ADU or JADU on a lot containing a proposed or existing single-family dwelling under subsection 207(c)(6)(D). the property owner shall noti[y all tenants on the sub;ect property of the application. including tenants of the sub;ect property in unauthorized residential units. The property owner shall satisfy this notification requirement in one of the following two ways. (i) Comply with the requirements of the Building Code and applicable ection screenin orms and submit a co Mayor Breed BOARD OF SUPERVISORS Page 2 Building Inspection Screening forms to the Planning Department as part of the application to construct an ADU or JADU; or (ii) Cause a notice describing the proposed proiect to be posted on the subiect property for at least 15 days, cause a written notice describing the proposed proiect to be mailed to the tenants of the subiect property, and submit proof of these notices to the Planning Department as part of the application to construct an ADU or JADU. These notices shall have a format and content determined by the Zoning Administrator, and shall generally describe the proiect, including the number and location of the proposed ADU and JADU. These notices shall describe how to obtain additional information regarding the proiect and provide contact information for the Planning Department that complies with the requirements of the Language Access Ordinance, Chapter 91 of the Administrative Code, to provide vital information about the Planning Department's services or programs in the languages spoken by a Substantial Number of Limited English Speaking Persons, as defined in Chapter 91. (F) Permit Application Review and Approval. The City shall act on an application .for a permit to construct an ADU or JADU under this subsection 207(c)(6) within 60 days from receipt oft he complete application, without modification or disapproval, if the proposed construction fully complies with the requirements set forth in this subsection 207(c)(6). No requests for discretionary review shall be accepted by the Planning Department for permit applications meeting the requirements of this subsection 207(c)(6). The Planning Commission shall not hold a public hearing for discretionary review ofpermit applications meeting the requirements of this subsection 207(c)(6). Permit applications meeting the requirements of this subsection 207(c)(6) shall not be subiect to the notification or review requirements of Section 311 of this Code. (G) Appeal. The procedures for appeal to the Board of Appeals of a decision by the Department under this subsection 207(c)(6) shall be as set forth in Section 8 of the Business and Tax Regulations Code. Mayor Breed BOARD OF SUPERVISORS Page 26 (H) Prohibition o{Short-Term Rentals. An ADU or JADU authorized under this subsection 207(c)(6) shall not be used for Short-Term Residential Rentals under Chapter 41A of the Administrative Code. This restriction shall be recorded as a Notice of Special Restriction on the subiect (I) Rental; Restrictions on Subdivisions. The following restrictions shall be recorded as a Notice of Special Restriction on the subiect lot on which an ADU or JADU is constructed under this subsection 207(c)(6) and shall be binding on all future owners and successors in interest: (i) An ADU or JADU constructed pursuant to this subsection 207(c)(6) may be rented and is subiect to all applicable provisions of the Residential Rent Stabilization and Arbitration Ordinance (Chapter 37 of the Administrative Code). (ii) Notwithstanding the provisions of Article 9 of the Subdivision Code, a lot with an ADU or JADU authorized under this subsection 207(c)(6) shall not be subdivided in a manner that would allow for the ADU or JADU to be sold or separately financed pursuant to any condominium plan, housing cooperative, or similar form of separate ownership, except that this prohibition on separate sale or finance ofthe ADU shall not apply to an ADU that meets the requirements of California Government Code Section 65852.26. (iii) The size and attributes of a JADU constructed pursuant to this subsection 207(c)(6) shall comply with the requirements of this subsection 207(c)(6) and Government Code 65852.22. (J) Department Report. In addition to the information required by subsection 207(c)(4)(I)(iii), the annual Housing Inventory shall include a description and evaluation of the number and types of units being developed pursuant to this subsection (c)(6), their affprdability rates, and such other information as the Director or the Board of Supervisors determines would inform decision makers and the public. Mayor Breed BOARD OF SUPERVISORS Page 27 (K) Fees. No impact fees shall be imposed on AD Us or JADUs authorized under this subsection 207(c)(6), where the ADU or JADU is smaller than seven hundred and fifty square feet of Gross Floor Area, or for AD Us that are proposed in lots with three existing units or fewer. Impact fees for all other AD Us shall be imposed proportionately in relation to the Gross Floor Area of the primary dwelling unit. * * * * SEC. 1005. CONFORMITY AND PERMITS. * * * * (e) After receiving a permit application from the Central Permit Bureau in accordance with the preceding subsection, the Department shall ascertain whether a Certificate of Appropriateness is required or has been approved for the work proposed in such permit application. If a Certificate of Appropriateness is required and has been issued, and if the permit application conforms to the work approved in the Certificate of Appropriateness, the permit application shall be processed without further reference to this Article 10. If a Certificate of Appropriateness is required and has not been issued, or if the permit application does not conform to what was approved, the permit application shall be disapproved or held by the Department until such time as conformity does exist either through modifications to the proposed work or through the issuance of an amended or new Certificate of Appropriateness. Notwithstanding the foregoing, in the following cases the Department shall process the permit application without further reference to this Article 10: * * * * (9) When the application is for a permit to install a City-sponsored Landmark plaque to a landmark or district, provided that the improvements conform to the requirements outlined in Section 1006.6 of this Code:-; or Mayor Breed BOARD OF SUPERVISORS Page 28 (10) When the application is for a permit to construct an Accessory Dwelling Unit or Junior Accessory Dwelling Unit, provided that the Accessory Dwelling Unit or Junior Accessory Dwelling Unit conforms to the requirements o(subsection 207(c)(6) of this Code. * * * * SEC. 1110. CONSTRUCTION, ALTERATION OR DEMOLITION OF SIGNIFICANT OR CONTRIBUTORY BUILDINGS OR BUILDINGS IN CONSERVATION DISTRICTS. * * * * (g) Notwithstanding the foregoing, in the following cases the Department may process the permit application without further reference to this Article 11: (1) When the application is for a permit for ordinary maintenance and repairs only. For the purpose of this Article 11, "ordinary maintenance and repairs" shall mean any work, the sole purpose and effect of which is to correct deterioration, decay or damage of existing materials, including repair of damage caused by fire or other disaster. (2) When the application is for a permit to construct any new or replacement structures on a site where a Significant or Contributory Building has been lawfully demolished pursuant to this Code and the site is not within a designated Conservation District; or (3) When the application is for a permit to make interior alterations only and does not constitute a demolition as defined in this Article, unless the Planning Department has determined that the proposed interior alterations may result in any visual or material impact to the exterior of the building or when the designating ordinance or applicable Appendix in this Article requires review of such interior alterations:-.· or (4) When the application is for a permit to construct an Accessory Dwelling Unit or Junior Accessory Dwelling Unit. provided that the Accessory Dwelling Unit or Junior Accessory Dwelling Unit conforms to the requirements o(subsection 207(c)(6) of this Code. Mayor Breed BOARD OF SUPERVISORS Page 29 Section 3. Effective Date. This ordinance shall become effective 30 days after enactment. Enactment occurs when the Mayor signs the ordinance, the Mayor returns the ordinance unsigned or does not sign the ordinance within ten days of receiving it, or the Board of Supervisors overrides the Mayor's veto of the ordinance. Section 4. Scope of Ordinance. In enacting this ordinance, the Board of Supervisors intends to amend only those words, phrases, paragraphs, subsections, sections, articles, numbers, punctuation marks, charts, diagrams, or any other constituent parts of the Municipal Code that are explicitly shown in this ordinance as additions, deletions, Board amendment additions, and Board amendment deletions in accordance with the "Note" that appears under the official title of the ordinance. Section 5. Directions to Clerk. The Clerk of the Board of Supervisors is hereby directed to submit a copy of this ordinance to the California Department of Housing and Community Development within 60 days after adoption pursuant to Section 65852.2(h) of the California Government Code. Section 6. Corrected Presentation of Existing Code. Some prior versions of this ordinance inadvertently failed to accurately reflect recent amendments to section 207 of the Planning Code enacted by Ordinance Nos. 208-21 and 209-21. This version of this ordinance has been updated to accurately represent those recent amendments as existing text of the Planning Code. Said revisions do not change the substance of this ordinance. Mayor Breed BOARD OF SUPERVISORS Page 3 APPROVED AS TO FORM: DENNIS J. HERRERA, City Attorney By: /s/ Peter R. Miljanich PETER R. MILJANICH Deputy City Attorney n :\legana\as2022\2100022\01662660 .docx Mayor Breed BOARD OF SUPERVISORS Page 31 City and County of San Francisco Tails Ordinance City Hall I Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 File Number: 210585 Date Passed: April 12, 2023 Ordinance amending the Planning Code to clarify the ministerial approval process for certain Accessory Dwelling Units (ADUs) meeting certain requirements in single-family and multifamily buildings and to permit certain ADUs in the rear yard under the City's local, discretionary approval program; making findings under the California Environmental Quality Act; making findings of consistency with the General Plan and the eight priority policies of Planning Code, Section 101.1; and adopting findings of public necessity, convenience, and welfare under Planning Code, Section 302. March 06, 2023 Land Use and Transportation Committee - CONTINUED March 13, 2023 Land Use and Transportation Committee - AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE March 13, 2023 Land Use and Transportation Committee - CONTINUED AS AMENDED March 20, 2023 Land Use and Transportation Committee - DUPLICATED March 20, 2023 Land. Use and Transportation Committee - RECOMMENDED April 04, 2023 Board of Supervisors - PASSED ON FIRST READING Ayes: 10 - Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Stefani and Walton Excused: 1 - Safai April 12, 2023 Board of Supervisors - FINALLY PASSED City and Coullty of San Francisco Ayes: 7 - Chan, Dorsey, Engardio, Mandelman, Peskin, Preston and Walton Excused: 4 - Melgar, Ronen, Safai and Stefani Paf{el Printed at I: IO pm 011 4/12/23 File No. 210585 London N. Breed Mayor City and Cou11ty ofSa11 Fra11cisco Page2 I hereby certify that the foregoing Ordinance was Fl NALLY PASSED on 4/12/2023 by the Board of Supervisors of the City and County of San Francisco. f Ange a Calvillo Clerk of the Board I t Date Approved Printed at 1: 10 pm 011 4/12/23