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FILE NO. 250892 ORDINANCE NO. 222-25 [Planning, Business and Tax Regulations Codes - State-Mandated Accessory Dwelling Unit Program] Ordinance amending the Planning Code and Business and Tax Regulations Code to modify the City's State-mandated Accessory Dwelling Unit ("ADU") approval process and conform to changes to State ADU law, including by removing any appeal to the Board of Appeals, and increasing size limits for certain detached, new construction ADUs on a lot containing a single-family dwelling; affirming the Planning Department's determination 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 making findings of public necessity, convenience, and welfare pursuant to 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 New Roman font. Board amendment additions are in double-underlined Arial font. Board amendment deletions are in strikethrough /\rial 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. Environmental and Land Use Findings. (a) The Planning Department has determined that the actions contemplated in this ordinance comply with 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. 250892 and is incorporated herein by reference. The Board affirms this determination. (b) On October 23, 2025, the Planning Commission, in Resolution No. 21850, adopted Mayor Lurie; Supervisor Mahmood BOARD OF SUPERVISORS Page 1 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. 250892, and is incorporated herein by reference. (c) Pursuant to Planning Code Section 302, this Board finds that these Planning Code amendments will serve the public necessity, convenience, and welfare for the reasons set forth in Planning Commission Resolution No. 21850, and the Board adopts such reasons as its own. A copy of said resolution is on file with the Clerk of the Board of Supervisors in File No. 250892 and is incorporated herein by reference. Section 2. Article 2 of the Planning Code is hereby amended by revising Section 207.2, to read as follows: SEC. 207 .2. STATE MANDATED ACCESSORY DWELLING UNIT PROGRAM. (a) Exception to Dwelling Unit Density Limits for Certain Accessory Dwelling Units Under the State-Mandated Program. An exception to the calculations under Section 207 of this Code shall be made for Accessory Dwelling Units ("ADUs") and Junior Accessory Dwelling Units ("JADUs"), as defined in Section 102 of this Code, meeting the requirements of this Section 207.2 and The purpose 0:fthis Section 207.2 is to imp!:ement California California Government Code Sections 66314 €H'i€l,through 66333, which require ministerial consideration of ADUs and JADUs that meet certain standards. (b) Applicability. This Section 207.2 shall apply to the construction of ADUs and JADUs in or attached to existing or proposed dwellings, or in a detached structure on the same lot, if the ADU meets the applicable requirements of this Section 207.2 and California Government Code Sections 66314 through 66333. An ADU constructed pursuant to this Section Mayor Lurie; Supervisor Mahmood BOARD OF SUPERVISORS Page 2 207.2 is considered a residential use that is consistent with the General Plan and the zoning designation for the lot. Adding an ADU or JADU in compliance with this Section 207.2 does not exceed the allowable density for the lot. Unless otherwise specified, fer pitrposes of this Section 207.2, a "detached" structure or ADU shall not share structural walls with the primary structure on the lot. ljconstruction of the ADU will not meet the re€Juirements of this Sectio11, the ADU is regulated pursuant t-o Section 207.1 and :-wt this Section 207.2.Planning Director Bulletin No. 3, entitled "State Accessory Dwelling Unit Program, " sets forth a comprehensive list of State and local requirements applicable to AD Us approved under this Section 207. 2. (c) General Controls on Construction. An ADU constructedpursuant to this Section 207.2 shall meet all of the following: (1) The ADU must ha...,e independent exterior accessfrom the existing or proposed prhnary dwelling or existing accessory structure, aNd side and rear setbacks siif}icient for fire safety. (2) For projects invol...,ing a property listed in the California Register of Historic Places, or a property designated individually or as part ofa historic or conservation districtpursuant to Article 10 or Article 11, the ADU or JADUshall comply with any objective architectural re14ew standards adopted by the Historic Preserveticm Co,'l1mission to preve11t adverse impacts to such historic resmirces. Such projects shall not be n.!€Jttired to obtain e Certificate ofAppropriateness or a Permit to AJ.ter. (3) All Bpplicable re€Juirements of San Francisco's health and safety codes shell Bpply, including but not limited to the Building and Fire Codes. (4) 1Vo parking is retjuiredfer the ADU. (f.d) Specific Controls f0, .. HybridStreamlined AD Us Under Government Code Sections 66323 and 66333. Thepwpose ofthis subsectio11 207.2(d) is to implement California Government Code Sections 66323 and 66333, which require ministerial consideration of ADUs and JADUs that meet certain standards ("HybridStreamlined ADUs"). Californie Gmernment Code Section Mayor Lurie; Supervisor Mahmood BOARD OF SUPERVISORS Page 3 66323 ab{thoriz,es the City to impose objective st-endards, including, but not limit-cd to, design, developtnent, and hiswric standards, on AD Us approved under this subsection 207.2(d). ADUs and JADUs shall strictly meet the requirements set.forth in this subsection 207.2(d), tmdall other applicable Planning Code standards, including open space, exposure, buitdable area, and other standards, .,,,.ithout requiring a ·,vaiver of Code requirements pursuant to subsection 20 7.1 (g); provided, however, that adding an ADU or JADU in compliance with this subsection 207.2(d) does not exceed the allowahle densityfor the lot. The City shall approve Streamlined ADUs andJADUs meeting the following requirements, in addition to the requirements of :mbsection 207.2(b) anclany other applicable standardsGovernment Code Sections 66323 and 66333: (1) A detached, new construction Streamlined ADU on a lot containing a proposed or existing single-family dwelling shall not exceed the applicable height limit contained in subsection 207.2(d)(9), and shall be no greater than 850 square feet in Gross Floor Area for an ADU that provides one bedroom or less, and no greater than 1,000 square feet in Gross Floor Area for an ADU that provides more than one bedroom. (2) A detached, new construction Streamlined ADU on a lot containing a proposed or existing multifamily dwelling shall not exceed the applicable height limit contained in subsection 207.2(d)(9). (1) AD Us and JADUs within proposed space ofa proposed single f0unily dwelling or within existing space of a single fcunily dwelling or accessory structure meeting the following conditions: (A) The lot o,"l which the ADU or JADU is proposed contains an existing or proposed single fmnily dweWng. (B) Only one detached ADU, and one JAD LS are pennittedper lot in additio11 to an ADUpermitted under this si1bsection 207.2(d)(l). (C) EachpmposedADUandJADUincludes an entrance that is separatefrfHn Mayor Lurie; Supervisor Mahmood BOARD OF SUPERVISORS Page 4 t11e entrance t-o the existing or proposed dwelling. (D) Side and rear setbacks will be sufficient forfire safety. (E) Jftm ADU is proposed, it will be withiJ1 the existing space ofa single .family dwelling or accessory structure, or within the space of a proposed single fa,1'11ily dwelling, or it will require aH acklition r>jno more than 15 0 square feet to an existing accessory structure tO accommodate ingress and egress. (F) !fa JADU is proposed, i1: meets the requirements of Planni11g Code Section 102 and Califomia Gowrmnent Code Section 66333. (2) Detached, new construction AD Us on a lot containing a proposed or existing single .family c»velling nweting the foUowilqg conditions: (A) The lot on which the detached ADU is proposed contains an existfr1g or proposed single family dwelliHg. (B) The lot on which tlw ADU is proposed docs not contain more than one other ADUandoneJADU. (GJ The proposed ADU is detached from the single family dwelling and an)' other :;tructure. (D) The proposed ADU is new construction. (E) The proposed ADU is located at least four feetfro,"11 the side and rear lot lines. is no greater than 800 square feet in Gmss Floor Area, aml does not exceed the applicable height limit contained in subsection 207.2(e)(9). (3) AD Us within existing space ofa multifmnily dwelli11g meeting the followilqg coNditions: (A) The lot on which the ADU is proposed contains an existing multifamily dwelling. (B) The ADU is proposed within a porti011 C>jthe multifamily dwelling structure Mayor Lurie; Supervisor Mahmood BOARD OF SUPERVISORS Page 5 t}wt is not used as livable space, including but not fonitTJd t+J st+xrage rooms, boiler romns, passageways, attics, basements, or garages. (C) The total mtmber ofAD[h withil'l the dwelling structure wmtld not exceed 25% of the existi1'lg l'lumber &}primary dwellil'lg imits within the structure, provided that all i"lntltifamily dwellil'lg structures shall be permitted to have at least one ADUpursuam to this subsection 207.2fd)(3) if all other applicable st-cmdards are i"IWI. (4) Detached, l'lew construction AD Us on a lot co1itail'ling a proposed or existing multij,'h'1iily dwelling meeting the following col'lditiol'ls: (A) The l-ot on which the ADU is proposed contains a proposed or existing ,'1iultifamily dwelling. (B) The proposed ADU is detachedfrmn the muff/family dwelling. (C) The proposed ADU is located at lettst four feet fi·om the side and rettr lot lines, except that if the existing mtdtifamily dwelling has ti side or rear setback of less than four feet, modificatio:i of the existil'lg multifamily th~1elling shall not be required as a condition &}approving a proposed ADU that otherwise satisfies the requirenwnts of this subsection 20 7. 2 (c) (/). (D) The proposed ADU does not exceed the applicable height limit contained in subsection 207.2(e)(9). (E) ,Vo more than two AD Us shall be permittedJJer lotpttrsi1tmt to this subsection 207.2fc)(/). (de) Specific Controls forAttached and All Other State-Mandated AD Us. The purpose of this subsection 207.2(fi.e) is to implement California Government Code Sections 66314 through 66333, which require streamlined, ministerial approval of ADUs meeting certain standards that are not eligible for approval under California Government Code Section 66323("State 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 207.2(fi.e), shall meet Mayor Lurie; Supervisor Mahmood BOARD OF SUPERVISORS Page 6 all of the following requirements, in addition to the requirements of subsection 207.2(b) and any other applicable standards; provided, however, that the City shall not impose any requirement for a zoning clearance or separate zoning review, any minimum or maximum size for an ADU, any size based upon a percentage of the proposed or existing primary dwelling, or any limits on lot coverage, floor area ratio, open space, front setbacks, and minimum lot size, for either attached or detached dwellings, that does not permit construction of an 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 207.2(fie-) shall meet the following conditions: (1) Only one ADU will be constructed. (2) The ADU will be located on a lot that is zoned for single-family or multifamily use and contains an existing or proposed dwelling. (3) The lot on which the ADU is proposed does not contain another ADU or JADU. (4) 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. (5) Size Limits. (A) Attached ADU Size Limit. 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% of the Gross Floor Area 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 Mayor Lurie; Supervisor Mahmood BOARD OF SUPERVISORS Page 7 provides more than one bedroom shall not exceed 50% of the Gross Floor Area of the existing primary dwelling or 1,000 square feet, whichever is greater. (6) (B) Detached ADU Size Limit. 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. (6) Passageway. No passageway shall be required in coniunction with construction of an ADU. (7) 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 of no 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; provided, however, that for an ADU that is part of new construction, such setback shall be required only for the portions of the ADU outside of the buildable area of the lot. (8) Garages. When a garage, carport, or covered parking structure is proposed to be demolished in conjunction with the construction of an ADU or converted to an ADU, replacement of those off.:street parking spaces is not required; and a permit to demolish a detached garage that is to be replaced with an ADU shall be reviewed with the application to construct the ADU and issued at the same time. (9) Height limits. The ADU shall not exceed the following height limits: (A) A height of 18..6 feet for a detached ADU on a lot with an existing or proposed dwelling. An additional two feet in height is allowed to accommodate a roofpitch on the ADU that is aligned with the roofpitch of the primary dwelling unit. (BJ A height of18fectfor a detached ADU on a lot with an existing or Mayor Lurie; Supervisor Mahmood BOARD OF SUPERVISORS Page 8 pmpesed dwelling tJ1at is within 0r9e half<>f enc N'li!e walking distance <>fa NU:f}@r transit st-op er a high quality traHsit eerrid-er, as dejiHed in Section 21155 ef the Califomia Public Resources Cede. An additional two feet iH height shall be permitted te accemmedate a reefpitch en the ADU that is aligned wit,½ the reofpitch <>}the prhnary d1,velling. (C) A height &f 18 feetfor a detached ADU @Ha let ·,Fith cm existing er proposed multifamily, Nntlti story dwelling. (ll..D) A height of 25 feet er the €lJ3Plicable height lfrnit fer the prinwry dwelling, whiche,,,cr is l-ower, for an ADU that is attached to the primary dwelling, except that the ADU shall net exceed two stories. (] 0) Historic Resources. For proiects 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 oft his Code, the ADU or JADU shall comply with any obiective architectural review standards adopted by the Historic Preservation Commission to prevent adverse impacts to such historic resources. Such proiects shall not be required to obtain a Certificate of Appropriateness or a Permit to Alter. (?}) Permit Application Review and Approval. No requests for discretionary review shall be accepted by the Planning Department for an ADU or JADU meeting the requirements of this Section 207.2. The Planning Commission shall not hold a public hearing for discretionary review of an ADU or JADU meeting the requirements of this Section 207.2. An ADU or JADU meeting the requirements of this Section 207.2 shall not be subject to the notification or review requirements of Section 311 of this Code. (g) Appeal. The procedures for €lJ3Peal te the Beard of AJ3Peals ofa decisieH by the DepartmeHt imcler this Section 207.2 shall be as set forth in Secti@,"l 8 ofthe Business and Tax Regulations Cede. (th) Prohibition of Short-Term Rentals. An ADU or JADU authorized under this Mayor Lurie; Supervisor Mahmood BOARD OF SUPERVISORS Page 9 Section 207.2 shall not be used for Short-Term Residential Rentals under Chapter 41A of the Administrative Code. (g-i) Rental; Restrictions on Subdivisions. An ADU or JADU constructed pursuant to this Section 207.2 may be rented and is subject to all applicable provisions of the Residential Rent Stabilization and Arbitration Ordinance (Chapter 37 of the Administrative Code). Notwithstanding the provisions of Article 9 of the Subdivision Code, a lot with an ADU or JADU authorized under this Section 207.2 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 of the ADU shall not apply to an ADU that meets the requirements of either: California Government Code Section 66333(/)66341, or Section 207.4 and Subdivision Code Section 1316. (bj) Recordation for Junior ADUs. The following restrictions shall be recorded as a Notice of Special Restriction, as required by California Government Code Section 66333(c), on the subject lot on which a JADU is constructed under this Section 207.2 and shall be binding on all future owners and successors in interest: (1) Notwithstanding the provisions of Article 9 of the Subdivision Code, a lot with a JADU authorized under this Section 207.2 shall not be subdivided in a manner that would allow for the 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 of the JADU shall not apply to a JADU that meets the requirements of California Government Code Section 66333(f). (2) The size and attributes of a JADU constructed pursuant to this Section 207.2 shall comply with the requirements of this Section 207.2 and California Government Code Section 66333. Mayor Lurie; Supervisor Mahmood BOARD OF SUPERVISORS Page 10 (j_k) Department Report. In addition to the information required by subsection 207.1 (i)(3),As part of the annual Housing Inventory, the Department shall include a description and evaluation of the number andreport the types of units being developed pursuant to this Section 207 .2, their affordability rates, and such other information as the Director or the Board of Supervisors determines would inform decision-makers and the public. (j_l) Fees. No impact fees shall be imposed on ADUs or JADUs authorized under this Section 207.2, where the ADU or JADU is smaller than 750 square feet of Gross Floor Area, or for ADUs that are proposed in lots with three existing units or fewer. Impact fees for all other ADUs shall be imposed proportionately in relation to the Gross Floor Area of the primary dwelling unit. Section 3. Article 1 of the Business and Tax Regulations Code is hereby amended by revising Sections 8 and 26, to read as follows: SEC. 8. METHOD OF APPEAL TO THE BOARD OF APPEALS. * * * * (e) Appeals shall be taken by filing a notice of appeal with the Board of Appeals and paying to said Board at such time a filing fee as follows: * * * * (9) Additional Requirements. * * * * (C) Except as otherwise specified in this subsection (e)(9)(C), the Board of Appeals shall fix the time and place of hearing, which shall be not less than 10 nor more than 45 days after the filing of said appeal, and shall act thereon not later than 60 days after such filing or a reasonable time thereafter. Mayor Lurie; Supervisor Mahmood BOARD OF SUPERVISORS Page 11 * * * * (iii) In the case ofa decision on a permit application made pursuant to Planning Code Section 20 7. 2, the Board &}Appeals shall set the hearing not less them l 0 days after the filing e>fsclid appeal, shall act thereon not lnore than 30 days after such filing, and shall 11ot entertain a motion for rehearing. (iil+i) In the case of a decision on a permit or determination of compliance regarding a homeless shelter located on City owned or leased property during a declared shelter crisis, the Board of Appeals shall set the hearing not less than 10 days after the filing of said appeal, shall act thereon not more than 30 days after such filing, and shall not entertain a motion for rehearing. * * * * SEC. 26. FACTS TO BE CONSIDERED BY DEPARTMENTS. * * * * (f) Notwithstanding sitbsection (a), tlw provisions e>f Planning Code Section 207.2 shall go·1ern actions taken on the granting, denial, amendment, suspension, and re·1ocation ofpennits regulated- under that Section 207. 2, not the stcmda,•·ds setf-orth in sttbsection (a) oftlzis Section 26. Section 4. 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 5. Scope of Ordinance. In enacting this ordinance, the Board of Supervisors intends to amend only those words, phrases, paragraphs, subsections, sections, articles, Mayor Lurie; Supervisor Mahmood BOARD OF SUPERVISORS Page 12 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 6. 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. APPROVED AS TO FORM: DAVID CHIU, City Attorney By: Isl Peter Miljanich PETER MILJANICH Deputy City Attorney n:lleganalas202512600030\01865870.docx Mayor Lurie; Supervisor Mahmood BOARD OF SUPERVISORS Page 13 City and County of San Francisco Tails Ordinance City Hall I Dr. Carlton B. Goodlett Place San Francisco, CA 94 I 02-4689 File Number: 250892 Date Passed: November 18, 2025 Ordinance amending the Planning Code and Business and Tax Regulations Code to modify the City's State-mandated Accessory Dwelling Unit ("ADU") approval process and conform to changes to State ADU law, including by removing any appeal to the Board of Appeals, and increasing size limits for certain detached, new construction ADUs on a lot containing a single-family dwelling; affirming the Planning Department's determination 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 making findings of public necessity, convenience, and welfare pursuant to Planning Code, Section 302. October 27, 2025 Land Use and Transportation Committee - RECOMMENDED November 04, 2025 Board of Supervisors - PASSED, ON FIRST READING Ayes: 10 - Chan, Chen, Dorsey, Fielder, Mahmood, Mandelman, Melgar, Sauter, Sherrill and Walton November 18, 2025 Board of Supervisors - Fl NALLY PASSED Ayes: 10 - Chan, Chen, Dorsey, Fielder, Mahmood, Mandelman, Melgar, Sauter, Sherrill and Walton File No. 250892 I hereby certify that the foregoing Ordinance was Fl NALLY PASSED on 11/18/2025 by the Board of Supervisors of the City and County of San Francisco. City 1111d Cou11ty of S1111 Francisco Daniel Lurie Mayor Page 1 f Angela Calvillo Clerk of the Board Date Approved 202.5 Printed at 9:32 11111 011 11/19/25