207

SEC. 207. DWELLING UNIT DENSITY LIMITS. (a) Applicability. The density of Dwelling Units permitted in the various Districts shall be as set forth in the Zoning Control Table for the district in which the lot is located. The term “Dwelling Unit” is defined in Section 102 of this Code. In districts where no density limit is specified, density shall not be limited by lot area but rather by the applicable requirements and limitations set forth elsewhere in this Code. Such requirements and limitations include, but are not limited to, height, bulk, setbacks, open space, exposure and unit mix as well as applicable design guidelines, elements and area plans of the General Plan and design review by the Planning Department. (b) Rules for Calculating Dwelling Unit Density. In districts that establish a maximum dwelling unit density, the following rules shall apply in the calculation of dwelling unit density

under this Code: (1) A remaining fraction of one-half or more of the minimum of lot area per Dwelling Unit shall be adjusted upward to the next higher whole number of Dwelling Units. (2) Where permitted by this Code, two or more of the dwelling and other housing uses specified in the Code may be located on a single lot, either in one structure or in separate structures, provided that the specified density limits are not exceeded by the total of such combined uses. Where Dwelling Units and Group Housing are combined, the maximum permitted density for Dwelling Units and for Group Housing shall be prorated to the total lot area according to the quantities of these two uses that are combined on the lot. (3) Where any portion of a lot is narrower than five feet, such a portion shall not be counted as part of the lot area for purposes of calculating the permitted dwelling density. (4) No private right-of-way used as the principal vehicular access to two or more lots shall be counted as part of the lot area of any such lot for purposes of calculating the permitted dwelling unit density. (5) Where a lot is divided by a use district boundary line, the dwelling unit density limit for each district shall be applied to the portion of the lot in that district, and none of the Dwelling Units attributable to the district permitting the greater density shall be located in the district permitting the lesser density. (6) In Neighborhood Commercial Districts, the dwelling unit density shall be at a density ratio not exceeding the number of Dwelling Units permitted in the nearest R District, provided that the maximum density ratio shall in no case be less than the amount set forth in the Zoning Control Table for the district in which the lot is located. The distance to each R District shall be measured either from the midpoint of the front lot line or from a point directly across the street therefrom, whichever permits the greater density. (c) Exceptions to Dwelling Unit Density Limits. An exception to the calculations under this Section 207 shall be made in the following circumstances: (1) Affordable Units in Projects with 20% or More Affordable Units. For projects that are not located in any RH-1 or RH-2 zoning district, or are not seeking and receiving a density bonus under the provisions of California Government Code Section 65915, where 20% or more of the Dwelling Units on-site are “Affordable Units,” the on-site Affordable Units shall not count towards the calculation of dwelling unit density. This Planning Code Section does not provide exceptions to any other Planning Code requirements such as height or bulk. For purposes of this Section 207, “Affordable Units” shall be defined as meeting (A) the criteria of Section 406(b); (B) the requirements of Section 415 et seq. for on-site units; or (C) restricted units in a project using California Debt Limit Allocation Committee (CDLAC) tax-exempt bond financing and 4% tax credits under the Tax Credit Allocation Committee (TCAC). If a project sponsor proposes to provide “Affordable Units” that are not restricted by any other program, in order to receive the benefit of the additional density permitted under this Subsection (c)(1) or Subsection (c)(2), the project sponsor shall elect and the Planning Department and MOHCD shall be authorized to enforce, restricting the units as affordable under Planning Code Section 415.6 up to a maximum of 25% of the units in the Principal Project. The project sponsor shall make such election through the procedures described in Section 415.5(g) including submitting an Affidavit of Compliance indicating the project sponsor’s election to pursue the benefits of Subsection (c)(1) or (c)(2) and committing to up to 25% on-site units restricted under Section 415.6 prior to approval by the Planning Commission or Planning Department staff. If a project sponsor obtains the exemption from the density calculation for Affordable Units provided in this subsection, the exemption shall be documented and recorded against the property under the terms of a Regulatory Agreement as defined under Section 206.2 and consistent with the provisions set forth in Section 206.6(f)(4). Any later request to decrease the number of Affordable Units shall require the project to go back to the Planning Commission or Planning Department, whichever entity approved the project as a whole. (2) Affordable Units in RTO Districts. In the RTO District, on site Dwelling Units that are “Affordable Units,” as defined in Subsection (a), shall not count toward density calculations or be limited by lot area. (3) Double Density for Senior Housing in RH, RM, RC, and NC Districts. Senior Housing, as defined in and meeting all the criteria and conditions defined in Section 102 of this Code, is permitted up to twice the dwelling unit density otherwise permitted for the District. (4) The exception to Dwelling Unit density limits for certain Accessory Dwelling Units under the City’s Local Accessory Dwelling Unit Program is set forth in Section 207.1 of this Code. (J)4 Notification. Prior to submitting an application to construct an ADU under this subsection (c)(4), the property owner shall cause a notice describing the proposed project to be posted in an accessible common area of the building for at least 15 calendar days prior to submitting an application to construct an ADU, and shall cause said notice to be mailed or delivered to each unit (including unauthorized units) at the subject property, also at least 15 calendar days prior to submitting the application. The property owner shall submit proof of these notices to the Planning Department as part of the application to construct an ADU. These notices shall have a format and content determined by the Zoning Administrator, and shall generally describe the project, including the number and location of the proposed ADU(s), and shall include a copy of the written declaration required by subsection (c)(4)(C)(iii). These notices shall also include instructions on how a tenant may petition the Rent Board for a written determination on the declaration as set forth in subsection (c)(4)(C)(iii), including the deadline for filing such petition, which shall be 30 calendar days after the notice has been provided. These notices shall also describe how to obtain additional information regarding the project and shall 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. (5) On-site Units in Group Housing Projects. For On-site Units in Group Housing projects subject to Section 415.6 that are not located in any RH-1 or RH-2 zoning district, or are not seeking and receiving a density bonus under the provisions of California Government Code Section 65915, the On-site Units in Group Housing projects subject to Section 415.6 shall not count towards the calculation of dwelling unit density. This Planning Code Section does not provide exceptions to any other Planning Code requirements such as height or bulk. (6) The exception to Dwelling Unit density limits for certain Accessory Dwelling Units under the State-Mandated Accessory Dwelling Unit Program is set forth in Section 207.2 of this Code. (7) A Designated Child Care Unit that meets all the applicable standards of Planning Code Section 414A.6 shall not count towards the calculation of maximum density permitted on the site. (8) Residential Density Exception in RH Districts. (A) Density Exception. Projects located in RH Districts that are not seeking or receiving a density bonus under the provisions of Planning Code Section 206.5 or 206.6 shall receive an exception from residential density limits in the following amounts not inclusive of any Accessory Dwelling Units as permitted under this Section 207, provided that the project meets the requirements set forth in this subsection (c)(8): (i) Up to four units per lot, excluding Corner Lots. (ii) Up to six units for Corner Lots 5 (iii) Up to one Group Housing Room per 415 sq. ft. of lot area in RH-1, RH-1(D), and RH-1(S) zoning districts. (B) Eligibility of Historic Resources. To receive the density exception authorized under this subsection (c)(8), a project must demonstrate to the satisfaction of the Environmental Review Officer that it does not cause a substantial adverse change in the significance of an historic resource as defined by California Code of Regulations, Title 14, Section 15064.5, as may be amended from time to time. Permit fees for pre-application Historic Resource Assessments shall be waived for property owners who apply to obtain a density exception under this subsection (c)(8), if they sign an affidavit stating their intent to reside on the property for a period of three years after the issuance of the Certificate of Final Completion and Occupancy for the new dwelling units. Permit fees for Historic Resource Determinations shall not be waived. (C) Applicable Standards. All building standards shall apply in accordance with the applicable zoning district as set forth in Section 209.1. (D) Unit Replacement Requirements. Projects utilizing the density exception of this subsection (c)(8) shall comply with the requirements of Section 66300(d) of the California Government Code, as may be amended from time to time, including but not limited to requirements to produce at least as many dwelling units as the projects would demolish; to replace all protected units; and to offer existing occupants of any protected units that are lower income households relocation benefits and a right of first refusal for a comparable unit, as those terms are defined therein. In the case of Group Housing, projects utilizing this density exception shall provide at least as many bedrooms as the project would demolish. (E) Applicability of Rent Ordinance; Regulatory Agreements. Project sponsors of projects utilizing the density exception of this subsection (c)(8) shall enter into a regulatory agreement with the City, subjecting the new units or Group Housing rooms created pursuant to the exception to the San Francisco Residential Rent Stabilization and Arbitration Ordinance (Chapter 37 of the Administrative Code), as a condition of approval of the density exception (“Regulatory Agreement”). At a minimum, the Regulatory Agreement shall contain the following: (i) a statement that the new units created pursuant to the density exception are not subject to the Costa-Hawkins Rental Housing Act (California Civil Code Sections 1954.50 et seq.) because, under Section 1954.52(b), the property owner has entered into and agreed to the terms of this agreement with the City in consideration of an exception from residential density limits of up to four dwelling units per lot, or up to six units per lot in Corner Lots, or other direct financial contribution or other form of assistance specified in California Government Code Sections 65915 et seq.; (ii) a description of the exception of residential density 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. The property owner and the Planning Director (or the Director’s designee), on behalf of the City, will execute the Regulatory Agreement, which shall be reviewed and approved by the City Attorney’s Office. The Regulatory Agreement shall be executed prior to the City’s issuance of the First Construction Document for the project, as defined in Section 107A.13.1 of the San Francisco Building Code. 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 to the title records in the

Office of the Assessor-Recorder against the property and shall be binding on all future owners and successors in interest. The Planning Department shall note the existence of any recorded Regulatory Agreement applicable to the new units on a publicly-accessible website. (F) Unit Sizes. At least one of the dwelling units resulting from the density exception shall have two or more bedrooms or shall have a square footage equal to no less than 1/3 of the floor area of the largest unit on the lot. This provision does not apply to projects where all of the units qualify as Group Housing. (G) Eligibility. To receive the density exception authorized under this subsection (c)(8), property owners must demonstrate that they have owned the lot for which they are seeking the density exception for a minimum of one year prior to the time of the submittal of their application. For the purposes of establishing eligibility to receive a density exception according to subsection (c)(8)(B), a property owner who has inherited the subject lot, including any inheritance in or through a trust, from a blood, adoptive, or step family relationship, specifically from either (i) a grandparent, parent, sibling, child, or grandchild, or (ii) the spouse or registered domestic partner of such relations, or (iii) the property owner’s spouse or registered domestic partner (each an “Eligible Predecessor”), may add an Eligible Predecessor’s duration of ownership of the subject lot to the property owner’s duration of ownership of the same lot. This subsection 207(c)(8)(G) shall only apply if at the time of submittal of the application the subject lot contains two dwelling units or more. (H) Annual Report on Housing Affordability, Racial Equity, and Language Access Goals. To help the City evaluate whether the implementation of this Section 207(c)(8) comports with the City’s housing affordability, racial equity, and language access goals, each year the Planning Department, in consultation with other City departments including the Department of Building Inspection, the Rent Board, and the Office of the Assessor-Recorder, shall prepare a report addressing the characteristics and demographics of the applicants to and participants in the program established in said section; the number of units permitted and constructed through this program; the geographic distribution, affordability, and construction costs of those units; and the number of tenants that vacated or were evicted from properties as a result of the permitting or construction of units through this program (“Affordability and Equity Report”). The Affordability and Equity Report shall be included and identified in the annual Housing Inventory Report. The Planning Department shall prepare the report utilizing applicant data that has been provided by program applicants voluntarily and anonymously, and separate from the submittal of an application for a density exception. An applicant’s decision to provide or decline to provide the information requested by the Planning Department in order to prepare the report shall have no bearing on the applicant’s receipt of a density exception. (9)3 Replacing Auto-Oriented Uses with Housing. (A) Purpose. The purpose of this subsection (c)(9) is to encourage housing development on parcels that are being used for Auto-Oriented Uses, with the goal of easing the City’s housing shortage while addressing the adverse impacts that automobiles have on climate change, pedestrian safety, and livability. (B) Definition. For the purposes of this subsection (c)(9), an Auto-Oriented Use shall mean any parcel that has, or had as its last permitted use, an accessory parking lot or garage, or any use defined as an Automotive Use in Planning Code Section 102. (C) Applicability. This subsection (c)(9) shall apply to all properties (i) with an Auto-Oriented Use on which a residential use is permitted as a Principal Use but does not contain a Residential Use, and which also (ii) have not had a Legacy Business, as defined in Administrative Code Section 2A.242(b), on the site for four years prior to submittal of an application under this subsection (c)(9). Notwithstanding the previous sentence, this subsection (c)(9) shall not apply to properties located in RM or RC districts, or to properties located in a designated historic district under Article 10 of this Code. Sites that contain a business that has been nominated for inclusion in the Legacy Business Registry shall be ineligible for this subsection (c) (9), unless the Small Business Commission finally determines that such business does not meet the criteria for a Legacy Business under Administrative Code section 2A.242(b). (D) Density Controls. Notwithstanding any other provision of this Code, eligible properties shall be subject to the following density controls: (i) Eligible Sites in RH Zoning Districts: Four Dwelling Units per lot as a Principally Permitted use. (ii) Eligible Sites in Other Zoning Districts: Density shall be regulated by the permitted height and bulk, and required setbacks, exposure, open space, and any adopted design standards or guidelines for each parcel as a Principally Permitted Use. Notwithstanding any contrary provision of this Code, projects using this subsection (c)(9) may also seek a density bonus under Section 206.6. (E) Conditional Use. Any other Conditional Use required by this Code that is not related to permitted residential density shall continue to apply. (F) Parking Requirements. (i) Residential Parking. Proposed projects using the density exception in this subsection (c)(9) are subject to the following parking controls: P: up to 0.25 parking spaces per residential unit C: up to 0.5 parking spaces per unit NP: above 0.5 spaces per unit (ii) Non-Residential Parking. Notwithstanding any other provision of this Code, up to 75% of Non-Residential Parking otherwise allowed by this Code shall be permitted for projects using the density exception in this subsection (c)(9). (G) Review of Program and Limit on Number of Residential Units. The Planning Department shall include the number and location of projects using this subsection (c)(9) and number of units provided in such projects in the Housing Inventory Report. This subsection (c)(9) shall remain in effect until the Planning Department approves a total of 5,000 residential units under the authority of this subsection (c)(9). When the Planning Director certifies in writing that the Planning Department has approved 5,000 residential units under this subsection 207(c)(9), the subsection shall expire by operation of law, and the City Attorney shall cause the subsection to be removed from the Planning Code. (Amended by Ord. 155-84, App. 4/11/84; Ord. 115-90, App. 4/6/90; Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015; Ord. 30-15 , File No. 140954, App. 3/26/2015, Eff. 4/25/2015; Ord. 161-15, File No. 150804, App. 9/18/2015, Eff. 10/18/2015; Ord. 162-15 , File No. 150805, App. 9/18/2015, Eff. 10/18/2015; Ord. 164-15 , File No. 150348, App. 9/23/2015, Eff. 10/23/2015, Retro. 5/20/2015 ; Ord. 188-15 , File No. 150871, App. 11/4/2015, Eff. 12/4/2015; Ord. 162-16 , File No. 160657, App. 8/4/2016, Eff. 9/3/2016; Ord. 95-17, File No. 170125, App. 5/12/2017, Eff. 6/11/2017; Ord. 162-17 ,, File No. 170434, App. 7/27/2017, Eff. 8/26/2017; Ord. 195-18, File No. 180268, App. 8/10/2018, Eff. 9/10/2018; Ord. 202-18, File No. 180557, App. 8/10/2018, Eff. 9/10/2018; Ord. 7-19, File No. 180917, App. 1/25/2019, Eff. 2/25/2019; Ord. 116-19, File No. 181156, App. 6/28/2019, Eff. 7/29/2019; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 208-21, File No. 210699, App. 11/12/2021, Eff. 12/13/2021; Ord. 209-21, File No. 210808, App. 11/19/2021, Eff. 12/20/21; Ord. 210-21, File No. 210868, App. 11/19/2021, Eff. 12/20/2021; Ord. 210-22, File No. 210866, App. 10/28/2022, Eff. 11/28/2022; Ord. 264-22, File No. 220811, App. 12/22/2022, Eff. 1/22/2023; Ord. 53-23, File No. 210585, App. 4/21/2023, Eff. 5/22/2023; Ord. 248-23, File No. 230446, App. 12/14/2023, Eff. 1/14/2024; Ord. 62-24, File No. 230310, App. 3/28/2024, Eff. 4/28/2024; Ord. 170-25, File No. 240803, App. 9/5/2025, Eff. 10/6/2025) AMENDMENT HISTORY Section header and section amended; Ord. 22-15, Eff. 3/22/2015. Section header amended; former section amended and designated as current division (a); former Sec. 207.1 amended and designated as divisions (b) and (c) of this section [see that section for its prior legislative history]; Ord. 30-15 , Eff. 4/25/2015. Divisions (c)(1), (c)(4)(A)-(C) and [former] (c)(4)(D) amended; Ords. 161-15 and 162-15 , Eff. 10/18/2015 [see Editor's Note below]. Division (c) amended; division (c)(5)1 added; Ord. 164-15 , Eff. 10/23/2015. Divisions (b)(1) and (b)(6) amended; Ord. 188-15 , Eff. 12/4/2015. Divisions (c)(4), (c)(4)(B), and (c)(4)(C) amended; new divisions (c)(4)(D)-(I) added; former division (c)(4)(D) redesignated as (c)(4)(I) and amended; division (c)(5)1 added; Ord. 162-16 , Eff. 9/3/2016. Divisions (a), (c), (c)(4), (c)(4)(A), (B), (F), (F)(iii) amended; divisions (c)(4)(B)(i) - (v) and (c)(6)(C) - (F) added; division (c)(5)1 redesignated as (c)(6); division (c)(5)(C)1 redesignated as (c)(6)(G) and amended; Ord. 95-17 , Eff. 6/11/2017. Divisions (c)(4)(B), (c)(4)(B)(ii) and (iii), (c)(4)(C)(i)-(iii) and (vi) amended; division (c)(4)(F)(iv) added; division (c)(6)(B) deleted; divisions (c)(6)(C)-(G) redesignated as (c) (6)(B)-(F) and current divisions (c)(6)(B), (c)(6)(B)(i), (c)(6)(B)(iii), (c)(6)(B)(v), (c)(6)(B)(vi), and (c)(6)(C) amended; Ord. 162-17 , Eff. 8/26/2017. Divisions (c)(4)(B)(iii), (c)(4)(B)(v), (c)(4)(C)(i), (c)(4)(C)(ii) amended; new divisions (c)(4)(C) (iii) and (iv) added; former divisions (c)(4)(C)(iii)-(vi) redesignated as (c)(4)(C)(v)-(viii); divisions (c)(4)(G), (c)(4)(H)(i), (c)(4)(H)(iv), (c)(4)(I)(ii), (c)(6)(A), (c)(6)(B)(i), and (c)(6)(B)(iii) amended; divisions (c)(6)(B)(x) and (xi) added; divisions (c)(6)(C) and (c)(6)(E)(ii) amended; Ord. 195-18 , Eff. 9/10/2018. Divisions (c)(6)(B)(i) and (c)(6)(C) amended; Ord. 202-18 , Eff. 9/10/2018. Division (c)(4)(C)(viii) amended; division (c)(7) added; Ord. 7-19 , Eff. 2/25/2019. Divisions (c)(4), (c) (4)(B)(ii)-(iii), (c)(4)(C), (c)(4)(C)(i), (ii), and (iv), (c)(4)(E), (c)(4)(F)(i)-(iv), (c)(4)(G), (c)(4)(H)(i) and (iv), (c)(6)-(c)(6)(B), (c)(6)(B)(iii)-(v) and (x) amended; division (c)(6)(B)(xii) added; division (c)(6)(C) amended; division (c)(6)(D) added; former divisions (c)(6)(D)-(F) redesignated as (c)(6)(E)- (G); divisions (c)(6)(H)-(c)(6)(H)(viii) added; Ord. 116-19 , Eff. 7/29/2019. Divisions (c)(4), (c)(4)(B)(iii), (c)(6)(B)(x), and (c)(6)(H)(ii) amended; Ord. 63-20 , Eff. 5/25/2020. Division (c) (4)(C)(i) amended as (c)(4)(C)(i) and (ii); new divisions (c)(4)(C)(iii) and (iv) added; former divisions (c)(4)(C)(ii)-(viii) redesignated as (c)(4)(C)(v)-(xi); divisions (c)(4)(C)(v), (viii), and (x) amended; division (c)(4)(J) added; Ord. 208-21 , Eff. 12/13/2021. Second division (c)(4)(C)(ix)2 added following current division (c)(4)(C)(xi); Ord. 209-21 , Eff. 12/20/2021. Division (c)(1) amended; Ord. 210-21 , Eff. 12/20/2021. Divisions (c)(8) - (c)(8)(H) added; Ord. 210-22 , Eff. 11/28/2022. Divisions (c)(9)-(c)(9)(G)3 added; Ord. 264-22 , Eff. 1/22/2023. Divisions (c)(4), (c)(4)(B), (c)(4)(C) - (c)(4)(C)(ii), and (c)(4)(C)(v)-(vii) amended; divisions (c)(4)(C)(viii) - second (ix)2 amended as (c)(4)(C)(ix) - (xiii); divisions (c)(4)(D)-(F), (c)(4)(F)(iv), (c)(4)(G), (c)(4)(I)(ii)-(iii), and (c)(6)-(c)(6)(B) amended; divisions (c)(6)(B)(iv)-(v) and (viii)-(ix) amended as (c)(6)(B)(i)-(iv); divisions (c)(4)(B)(i)-(v), (c)(6)(B)(i)-(iii), (vi)-(vii), and (x)-(xii), and (c)(6)(C)-(H)(viii) deleted; divisions (c)(4)(C)(viii), (xiv), and (xv)-(xv)b., and (c)(6)(C)-(K) added; Ord. 53-23 , Eff. 5/22/2023. Divisions (c)(3)(A)-(B) deleted; divisions (c)(8)(A) and (c)(8)(C)-(G) amended; divisions (c)(8)(A)(i)-(iii) added; Ord. 248-23 , Eff. 1/14/2024. Divisions (c)(4) and (c)(6) amended; divisions (c)(4)(A)-(I)(iii) and (c)(6)(A)-(K) deleted; Ord. 62-24 , Eff. 4/28/2024. Division (c)(8)(E) amended; Ord. 170-25, Eff. 10/6/2025. CODIFICATION NOTES 1. Division (c)(6) was originally added as division (c)(5) by Ord. 162-16, Eff. 9/3/2016. Because Ord. 164-15, Eff. 10/23/2015, had already added a division (c)(5), the newer division (c)(5) was redesignated as division (c)(6) by Ord. 95-17, Eff. 6/11/2017. Division (c)(6) was later replaced by Ord. 62-24. 2. So in Ord. 209-21. 3. Division (c)(9) was originally added as division (c)(8) by Ord. 264-22. Because Ord. 201-22 had already added a division (c)(8), the publisher has editorially redesignated the newer division (c)(8) as (c)(9). 4. So in Ord. 62-24. 5. So in Ord. 248-23. Editor's Notes: As documented in the history notes above, this section was amended by two ordinances enacted concurrently, Ords. 161-15 and 162-15, both effective on 10/18/2015. The ordinances contained a number of overlapping amendments, with the primary distinction between them being the addition of references to two different specific Board of Supervisors Districts. (Those references were deleted by subsequent amendments.) The second of the two concurrent ordinances expressly provides that: The Board intends that, if adopted, the additions and deletions shown in both ordinances be given effect so that the substance of each ordinance be given full force and effect. To this end, the Board directs the City Attorney's Office and the publisher to harmonize the provisions of each ordinance.

See Section 9 of Ord. 162-15. The editor set out this section in accordance with the Board's direction to harmonize the two ordinances. As a separate matter, Ord. 155-15 (File No. 150348, App. 8/6/2015, Eff. 9/5/2015) purported to amend this section. At the direction of the Office of the City Attorney, Ord. 155-15 was never codified (and accordingly is not referenced in the history notes above). Its provisions effectively were superseded by Ord. 164-15 (File No. 150348, App. 9/23/2015, Eff. 10/23/2015, Retro. 5/20/2015). SEC. 207.1. LOCAL ACCESSORY DWELLING UNIT PROGRAM. (See Interpretations related to this Section.) (a) Exception to Dwelling Unit Density Limits for Certain Accessory Dwelling Units Under City’s Local Program. An exception to the calculations under Section 207 of this Code shall be made for Accessory Dwelling Units (“ADUs”), as defined in Section 102 of this Code, meeting the requirements of this Section 207.1. (b) Applicability. This Section 207.1 shall apply to the construction of ADUs on all lots located within the City and County of San Francisco in areas that allow residential use, except ADUs regulated by the State-Mandated Program under Section 207.2 of this Code. (c) Controls on Construction. An ADU regulated by this Section 207.1 is permitted to be constructed in an existing or proposed building under the following conditions: (1) For lots that have four existing Dwelling Units or fewer, or where the zoning would permit the construction of four or fewer Dwelling Units, one ADU is permitted. For lots that have more than four existing Dwelling Units or are undergoing seismic retrofitting under subsection 207.1(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. (2) The Department shall not approve an application for construction of an ADU where a tenant on the lot was 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 ADU, or where a tenant was 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)(2) shall not apply if the tenant was evicted under 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. (3) Prior to submitting an application to construct an ADU under this Section 207.1, 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: (i) 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; (ii) whether construction of the ADU would result in the severance, substantial reduction, or removal of any such housing services; and (iii) 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 207.1(j) with the declaration. (4) Tenants at the subject property may contest the information in the declaration required by subsection 207.1(c)(3) 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 Section 207.1(j) has been provided. If no such petition is timely filed, the Rent Board shall promptly transmit 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 Section 207.1 unless (i) the Rent Board has transmitted the declaration and final written determination required by subsections (c)(3) and (c)(4), and (ii) 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. (5) Except as provided in subsections (6), (7), and (8) below, an ADU shall be constructed (i) entirely within the buildable area of an existing lot, provided that the ADU does not include a vertical addition, or (ii) within the built envelope of an existing and authorized detached garage, storage structure, or other detached structure on the same lot. For purposes of this subsection 207.1, 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 207.1, 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 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 207.1, along with permitted obstructions allowed in Section 136(c)(32), of an existing building or authorized detached structure on the same lot, or where an existing detached garage or storage structure has been expanded to add dormers, is exempt from the notification requirements of Section 311 of this Code. If the existing building or authorized detached structure on the same lot is designated individually or as part of a historic or conservation district pursuant to Article 10 or Article 11, the notification requirements of Article 10 or Article 11 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 that complies with the Planning Commission’s Pre-Application policy is required. (6) When a detached 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 detached garage, storage structure, or other auxiliary structure is in the required rear yard. (7) On a corner lot, a legal detached 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. (8) ADUs shall comply with any applicable controls in Planning Code Section 134(f). (9) An ADU shall not be constructed using space from an existing Dwelling Unit, except that an ADU may expand into habitable space on 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 (i) the resulting space would not be usable or would be impractical to use for other reasonable uses, including, but not limited to, storage or bicycle parking or (ii) waiving the limitation would help relieve any negative layout issues for the proposed ADU. (10) An existing building undergoing seismic retrofitting may be eligible for a height increase pursuant to subsection 207.1(f) below. (11) Notwithstanding any other provision of this Code, an ADU authorized under this Section 207.1 may not be merged with an original unit(s). (12) An ADU 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 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). (13) An Accessory Dwelling Unit shall not be permitted under this Section 207.1 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. (14) An application for a permit solely to construct an ADU in a proposed building pursuant to this subsection 207.1(c) shall not be subject to the notification requirements of Section 311 of this Code; however, any application for a permit to construct the proposed building shall be subject to any applicable notification requirements of Section 311 of this Code. (15) In addition to any ADUs permitted under this Section 207.1 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 ADU 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 ADU authorized under this Section 207.1 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. This prohibition on separate sale or finance of the ADU shall not apply to an ADU: