AMENDED IN COMMITTEE
3/4/2024
FILE NO. 230310
ORDINANCE NO. 062-24
[Various Codes - State-Mandated Accessory Dwelling Unit Controls]
Ordinance amending the Administrative Code. Building Code. Business and Tax
Regulations Code. and 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 findingsaffirming 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
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 strikethreugh it€Jlics Times New Remanfont.
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 11.'ith 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
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of the Final EIR, the City has approved and incorporated eight addenda into the analysis of
the Final EIR and made requisite findings under CEQAThe 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. _____ and
is incorporated herein by reference. The Board affirms this determination.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. 230310 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 1.vould 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 1.vith respect to circumstances surrounding
these actions that would cause significant environmental impacts to which these actions
would contribute considerably; and no nev, information has become available that shows that
these actions v,ould cause significant environmental impacts. For these reasons, no
subsequent or supplemental environmental review is required. The Board of Supervisors has
revie•.ved 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.
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February 29, 2024, the Planning Commission, in Resolution No.
========~2~1~5~24=7, 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.
incorporated herein by reference.
230310,and is
(GGg} 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. -----21527.
(d) On October 18, 2023, the Building Inspection Commission considered this
ordinance at a duly noticed public hearing pursuant to Charter Section 4.121.
(e) No local findings are required under California Health and Safety Code Section
17958. 7 because the amendments to the Building Code contained in this ordinance do not
regulate materials or manner of construction or repair, and instead relate in their entirety to
administrative procedures, which are expressly excluded from the definition of a "building
standard" by California Health and Safety Code Section 18909(c).
(f) This ordinance amends the Planning Code to restate existing law that any
architectural review standards adopted by the Historic Preservation Commission that are
applicable to State-mandated Accessory Dwelling Units ("ADU") must remain objective.
California Government Code Section 65852.2, subdivision (a)(1 )(b)(i) broadly permits the City
to impose objective architectural review standards on ADUs seeking approval under the City's
State ADU program. This grant of authority is separate from, and in addition to, subdivision
(a)(1 (b)(i)'s authorization of local "standards that prevent adverse impacts on any real
property that is listed in the California Register of Historical Resources." Furthermore,
California Government Code Section 65852.2, subdivision (e)(7) also broadly permits the City
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to impose objective standards, "including, but not limited to ... historic standards" on ADUs
under the City's Hybrid ADU program. State ADU law therefore authorizes the City to impose
objective architectural review standards on AD Us seeking approval under either of the City's
State-mandated programs.
Section 2. The Planning Code is hereby amended by revising Sections 102, 136.
155.1. 207, 207.6, 207.7. 1005, and 1110, and adding Sections 207.1 and 207.2, 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 wbsSection 207.1~ or wbsSection
207.2~ and that is accessory to at least one other Dwelling Unit on the same lot. A
detached ADU shall not share structural walls with either the primary structure or any other
structure on the lot. Height for detached ADUs located outside the buildable area shall be
measured from existing grade at any given point to either a) the highest point of a finished
roof in the case of a flat roof or b) the average height of a pitched roof or stepped roof, or
similarly sculptured roof form. Height for detached ADUs 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 Section 207.2~, and that:
(a)
(b)
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is accessory to at least one other Dwelling Unit on the same lot;
is no more than 500 square feet of Gross Floor Area;
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(c)
(d)
is contained entirely within an existing or proposed single-family structure;
may include separate sanitation facilities, or may share sanitation facilities with
the existing structure;
(e)
is owner-occupied, unless the owner resides in the remaining portion of the
structure; provided, however, that owner-occupancy shall not be required if the owner is a
governmental agency, land trust, or housing organization:
(f)
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 Unit.
* * * *
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 207.1 (c)(4) or
Section 207(c)(6) of this Code, 'Nhichever is applicable; and provided further that if the ADU is
proposed for a single-family home under Section 207.1, the rear yard must be 25% of the lot
depth but in no case less than 15 feet.
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(33)
One detached Accessory Dwelling Unit that complies with the
requirements of Planning Code subsection 207.1 (c)ilfil(4)(xii).
(34}
An Accessory Dwelling Unit proposed for approval under Section 207.2
that is no greater than 800 square feet in Gross Floor Area with four-foot side and rear yard
setbacks.
* * * *
SEC. 155.1. BICYCLE PARKING: DEFINITIONS AND STANDARDS.
* * * *
(b) Standards for Location of Bicycle Parking Spaces. These standards apply to
all bicycle parking subject to Section 155.2, as well as bicycle parking for City-owned and
leased buildings, parking garages and parking lots subject to Section 155.3. Bicycle racks
shall be located in highly visible areas as described in subsections below in order to maximize
convenience and minimize theft and vandalism. For Accessory Dwelling Units, the
requirements of this subsection (b) may be modified or waived pursuant to the procedures
and criteria set forth in Sections 307(1) and 207.1 (c)(4)(G).
* * * *
(c) Design Standards for Bicycle Parking Spaces. These design standards apply to
all bicycle parking spaces subject to Sections 155.2 and 155.3. Bicycle parking shall follow the
design standards established in Zoning Administrator Bulletin No. 9, which includes specific
requirements on bicycle parking layout and acceptable types of Class 1 and Class 2 bicycle
parking spaces. For Accessory Dwelling Units, the requirements of this subsection (c) may be
modified or waived pursuant to the procedures and criteria set forth in Sections 307(1) and
207.1 (c)(4)(G).
* * * *
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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)
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. Accessory D111elling Units
Local Program: Accessory Dwelling Units in
Multifamily Buildings and Accessory D\•.:elling 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 AD Us on all lots located within the City and County of San Francisco in areas that allow
residential use, except ADUs regulated by subsection (c)(6) below.
(C)
Controls on Construction. An ADU 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 fewer, or \'.'here
the zoning 111ould permit the construction of four or fewer Dwelling Units, one ADU is
permitted. For lots that have more than four existing D·Nelling Units or are undergoing seismic
retrofitting under subsection (c)(4)(F) below, or where the zoning would permit the
construction of more than four D1Nelling Units, there is no limit on the number of AD Us
permitted, as long as all other health and safety requirements are met.
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(ii)
The Department shall not approve an application for construction
of an ADU where a tenant on the lot 'Nas evicted pursuant to Administrative Code Sections
37.Q(a)(Q) 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 'Nhere a tenant 'Nas
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)(G)(ii) shall not apply if the tenant was evicted under Section 37.9(a)(11) or
37.Q(a)(14) and the applicant(s) either (/\) 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, 'Nhich 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
/\DU would be constructed; (2) whether construction of the ADU 'Nould 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.Q(a) would apply.
The property owner shall also file a copy of the notice required under Section 207(c)(4)(J) with
the declaration.
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(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 \'/Fitten determination
from the Rent Board verifying the presence and defining characteristics of the housing service
or services in question, and 1Nhether 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
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 1Nithin 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 1Nithout 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 011mer demonstrates that the tenant supplied \\•ith 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), (vii), and (xiv) below, an
ADU shall be constructed a. entirely within the buildable area of an existing lot, provided that
the ADU does not include a vertical addition, orb. 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(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
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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 •.valls other than the building wall to \Nhich they are attached
and are multi level or more than 10 feet above grade; and lighti.Nell infills provided that the infill
will be against a blank neighboring ·11all 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 1Nithin the
existing built envelope, as defined in this subsection 207(c)(4)(C)(v), along 111ith permitted
obstructions allowed in Section 136(c)(32), of an existing building or authorized detached
structure on the same lot, or 111here an existing detached garage or storage structure has been
expanded to add dormers, is exempt from the notification requirements of Section 311 of this
Gode unless the existing building or authorized detached structure on the same lot is an
Article 10 or Article 11 individual landmark or is in an Article 10 or Article 11 District, in which
case the notification requirements •.viii apply. If an /\DU 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.
(vi)
'Nhen a detached garage, storage, or other auxiliary structure is
being converted to an /\DU, 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.
(vii)
On a corner lot, a legal detached nonconforming garage, storage
structure, or other auxiliary structure may be expanded •.vithin 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) /\DUs shall comply 1Nith any applicable controls in Planning Gode
Section 134(f).
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(ix)
An /\DU shall not be constructed using space from an existing
D1Nelling 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 (1) the resulting space would not be usable or 11,ould be impractical to use for
other reasonable uses, including, but not limited to, storage or bicycle parking or (2) waiving
the limitation would help relieve any negative layout issues for the proposed ADU.
(x)
An existing building undergoing seismic retrofitting may be eligible
for a height increase pursuant to subsection (c)(4)(F) below.
(xi)
Not\vithstanding any other provision of this Code, an ADU
authorized under this Section 207(c)(4) may not be merged with an original unit(s).
(xii)
An ADU shall not be permitted in any building in a Neighborhood
Commercial District or in the Chinatmvn Community Business or Visitor Retail Districts if it
v,ould 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).
(xiii) An Accessory D•Nelling 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 'Nith at least the same number or capacity of 'Nashers 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
building pursuant to this subsection 207(c)(4)(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.
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(xv)
In addition to any ADUs permitted under this Section 207(c)(4)
\".'ithin the primary structure, one detached ADU shall be permitted 1Nithin 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. Not ... ,ithstanding the provisions of Article 9
of the Subdivision Code, a lot 'Nith an ADU 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. This prohibition on separate sale or finance of the ADU shall not apply to an ADU
in a building that consisted entirely of condominium units as of July 11, 2013, and has had no
evictions pursuant to Sections 37.9(a) through 37.9(a)(12) and 37.9(a)(14) of the
Administrative Code since July 11, 1996. 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 ADUs on lots with a
building undergoing mandatory seismic retrofitting in compliance with Chapter 4 D of the
Existing Building Code or voluntary seismic retrofitting in compliance with the Department of
Building Inspection's Administrative Bulletin 094, the following additional provision applies: If
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allowed by the Building Code, a building in '1Nhich an ADU 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 beti.\•een 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 4 D 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)
VVaiver of Code Requirements; Applicability of Rent Ordinance. Pursuant
to the provisions of Section 307(1) of this Code, the Zoning Administrator may grant 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 of the density limits of this Code for AD Us constructed within a proposed
building. If the Zoning Administrator grants a complete or partial ·.vaiver of the requirements of
this Code and the subject lot contains any Rental Units at the time an application for a building
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permit is filed for construction of the ADU(s), the property owner(s) shall enter into a
Regulatory Agreement 111ith 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 D·.velling 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");
(ii)
a description of the complete or partial 'Naiver 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 ovmer and the Planning Director (or the Director's
designee), on behalf of the City, 'Nill 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
issuance of the First Construction Document for the project, as defined in Section 107A.13.1
of the San Francisco Building Code.
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(")
•
F'ollov,ing 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.
/\ny 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 /\ct.
(I)
Monitoring Program.
(i)
Monitoring and Enforcement of Unit Affordability. The Department
shall establish a system to monitor the affordability of the Accessory Dv.·elling 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 O'Nners 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 A-ttorney'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 /\DUs authorized to be constructed by this
subsection (c)(4) as Short Term Residential Rentals, as that term is defined in Administrative
Code Section 41/\.4, and shall use such data to evaluate and enforce Notices of Special
Restriction pursuant to subsection 207(c)(4)(D) and the requirements of Administrative Code
Chapter 41/\.
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(iii)
Department Report. /\s part of the annual Housing Inventory, the
Department shall report the types of units being developed pursuant to this subsection
207(c)(4), their affordability rates, their use as Short Term Residential Rentals, and such
additional information as the Director or the Board of Supervisors determines •.vould inform
decision makers and the public on the effectiveness and implementation of this subsection
207(c)(4), and shall include recommendations for any amendments to the requirements of this
Section 207(c)(4).
* * * *
(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.Accessory D•.velling Units State Mandated Program: Accessory Dwelling Units
in Existing or Proposed D•.vellings or in a Detached Structure on the Same Lot.
(A)
Applicability. This subsection 207(c)(6) shall apply to the construction of
/\DUs and Junior Accessory Dwelling Units ("J/\DUs") (as defined in Section 102) in existing
or proposed dwellings, or in a detached structure on the same lot, if the /\DU meets the
applicable requirements of this subsection207(c)(6). /\n /\DU constructed pursuant to this
subsection is considered a residential use that is consistent 'Nith the General Plan and the
zoning designation for the lot. Adding an ADU or JADU in compliance with this subsection
207(c)(6) does not exceed the allO'.vable density for the lot. Unless otherwise specified, for
purposes of this subsection 207(c)(6), a "detached" structure or /\DU shall not share structural
walls 'Nith either the primary structure or any other structure on the lot. If construction of the
/\DU 'Nill not meet the requirements of this subsection, the ADU is regulated pursuant to
subsection 207(c)(4) and not this subsection 207(c)(6).
(B)
General Controls on Construction. An ADU constructed pursuant to this
subsection (c)(6) shall meet all of the follO'.ving:
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(i)
The /\DU must have independent exterior access from the existing
or proposed primary d1Nelling or existing accessory structure, and side and rear setbacks
sufficient for fire safety.
(ii)
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 \\'ith 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.
(iii)
All applicable requirements of San Francisco's health and safety
codes shall apply, including but not limited to the Building and Fire Codes.
(iv)
No parking is required for the /\DU.
(C)
Specific Controls for Ministerial /\DUs. The purpose of this subsection
207(c)(6)(C) is to implement California Government Code Sections 65852.2(e) and 65852.22,
1Nhich requires ministerial consideration of AD Us and JADUs that meet certain standards
("Ministerial /\DUs"). /\DUs and J/\DUs 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 /\DUs and JADUs meeting the following requirements, in
addition to the requirements of subsection 207(c)(6)(B) and any other applicable standards:
(i)
/\DUs and JADUs within proposed space of a proposed single
family dwelling or within existing space of a single family d1Nelling or accessory structure
meeting the following conditions:
a.
The lot on 'Nhich the /\DU or J/\DU is proposed contains an
existing or proposed single family dwelling.
b.
Only one ADU and one J/\DU is permitted per lot.
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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.
If an ADU is proposed, it will be 1.vithin the existing space of
a single family d111elling or accessory structure, or 111ithin the space of a proposed single family
d111elling, or it 111ill require an addition of no 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 d111elling.
b.
The lot on v,hich the ADU is proposed does not contain
another ADU, but may contain a JADU.
C.
d\Nelling and any other structure.
d.
e.
The proposed ADU is detached from the single family
The proposed ADU is new construction.
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 111ithin existing space of a multifamily di.\•elling meeting the
follm.\'ing conditions:
a.
The lot on which the ADU is proposed contains an existing
multifamily dwelling.
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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, passagevJays, attics, basements, or garages.
C.
The total number of ADUs 'Nithin the d·Nelling structure
would not exceed tvJenty five percent of the existing number of primary 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) if all other applicable standards are
met-
Detached, ne'N construction ADUs on lot containing multifamily
dwelling meeting the following conditions:
a.
The lot on which the ADU is proposed contains an existing
multifamily d1Nelling.
b.
The proposed ADU is detached from the multifamily
dwelling.
C.
The proposed ADU is located at least four f.eet from the side
and rear lot lines and has a height no greater than eighteen f.eet.
d.
No more than two ADUs shall be permitted per lot pursuant
to this subsection 207(c)(6)(C)(iv).
(D)
Specific Controls for Streamlined ADUs. 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 of ADUs 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 d1Nelling, and that is constructed pursuant to this
subsection 207(c)(6)(D), shall meet all of the follo1Ning requirements, in addition to the
requirements of subsection 207(c)(6)(B) and any other applicable standards. Provided,
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hmvever, that the City shall not impose limits on lot coverage, floor area ratio, open space,
and minimum lot size, f-or 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 'Nith four foot side and rear yard setbacks. ADUs
under this subsection 207(c)(6)(D) shall meet the following conditions:
(i)
(ii)
Only one ADU 'Nill be constructed.
The ADU 'Nill 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 1Nhich 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 d\velling, including attached garages, storage areas, or
similar uses, or an accessory structure on the same lot, or b. attached to or 'Nill be constructed
entirely 'Nithin 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 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 /\DU that provides more
than one bedroom shall not exceed 50 percent of the Gross Floor /\rea of the existing primary
dwelling or 1,000 square feet, whichever is greater.
(vi)
The Gross Floor /\rea of a detached /\DU that provides one
bedroom or less shall not exceed 850 square feet. The Gross Floor Area of a detached /\DU
that provides more than one bedroom shall not exceed 1,000 square feet.
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(vii)
Setbacks. No setback is required for an ADU located 'Nithin 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 ne1N
structure constructed in the same location and to the same dimensions as an existing
structure.
(viii)
VVhen a garage, carport, or covered parking structure is
demolished in conjunction 1Nith the construction of an ADU or converted to an ADU,
replacement of those offstreet parking spaces is not required.
(ix)
The ADU shall not exceed a height of 16 feet.
(E)
Notification requirements for /\DUs 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 dvvelling under subsection
207(c)(6)(D), the property owner shall notify all tenants on the subject property of the
application, including tenants of the subject property in unauthorized residential units. The
property o·Nner shall satisfy this notification requirement in one of the following tv,o ways.
(i)
Comply with the requirements of the Building Code and applicable
Department of Building Inspection screening forms, and submit a copy of any applicable
Department of 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 project to be posted on
the subject property for at least 15 days, cause a 1Nritten notice describing the proposed
project to be mailed to the tenants of the subject property, and submit proof of these notices to
the Planning Department as part of the application to construct an /\DU or J/\DU. These
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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 /\DU and
J/\DU. These notices shall describe how to obtain additional information regarding the project
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 /\DU or J/\DU under this subsection 207(c)(6) 'Nithin
60 days from receipt of the complete application, •..vithout modification or disapproval, if the
proposed construction fully complies with the requirements set forth in this subsection
207(c)(6). No requests for discretionary revie•..v 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 of permit applications
meeting the requirements of this subsection 207(c)(6). Permit applications meeting the
requirements of this subsection 207(c)(6) shall not be subject 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.
(H)
Prohibition of Short Term Rentals. An /\DU or J/\DU authorized under
this subsection 207(c)(6) shall not be used for Short Term Residential Rentals under Chapter
41 /\ of the Administrative Code. This restriction shall be recorded as a Notice of Special
Restriction on the subject lot.
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(I)
Rental; Restrictions on Subdivisions. The follmving restrictions shall be
recorded as a Notice of Special Restriction on the subject lot on 'A'hich 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 subject to all applicable provisions of the Residential Rent Stabilization
and Arbitration Ordinance (Chapter 37 of the Administrative Code).
(ii)
Not\.vithstanding the provisions of Article 9 of the Subdivision
Code, a lot 'A'ith an ADU or JADU authorized under this subsection 207(c)(6) shall not be
subdivided in a manner that 'A'ould 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 California Government Code Section 65852.26.
(iii)
The size and attributes of a JADU constructed pursuant to this
subsection 207(c)(6) shall comply \\'ith 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)(1)(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
affordability rates, and such other information as the Director or the Board of Supervisors
determines would inform decision makers and the public.
(K)
Fees. No impact fees shall be imposed on ADUs 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 ADUs that are proposed in lots with three existing units
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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. 207. 1 LOCAL ACCESSORY DWELLING UNIT PROGRAM.
(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 m 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
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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
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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
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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. unlesslf the existing
building or authorized detached structure on the same lot is listed in or previously determined
to be eligible for listing in the California Register of Historic Places, or designated individually
or as part of a historic or conservation district pursuant to Article 10 or Article 11, in which
ease-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(Q.
(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.
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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 m 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.
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(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 41 A 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
in a building that consisted entirely of condominium units as of July 11, 2013, and has had no
evictions pursuant to Sections 37.9(a) through 37.9(a)(12) and 37.9(a)(14) of the
Administrative Code since July 11, 1996. 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.
(Q
Buildings Undergoing Seismic Retrofitting. For ADUs 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 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 ADU is constructed may be raised up to three
feet to create ground floor ceiling heights suitable for residential use. Such a raise in height
(1)
Shall be exempt from the notification requirements of Section 311 of this
Code: and
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(2)
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.
(3)
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.
(4)
Pursuant to subsection 207.1 (c)(1 ), 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 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 of 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 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 ADU(s), the property owner(s) shall enter into a Regulatory
Agreement with the City under subsection 207.1 (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.
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(h)
Regulatory Agreements. A Regulatory Agreement required by subsection
207.1 (g) as a condition of approval of an Accessory Dwelling Unit shall contain the following:
(1)
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
(2)
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
(3)
a description of the remedies for breach of the Agreement and other
provisions to ensure implementation and compliance with the Agreement.
(4)
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
issuance of the First Construction Document for the proiect, as defined in Section 107 A.13.1
of the San Francisco Building Code.
(5)
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 207.1 shall not preclude a
landlord from establishing the initial rental rate pursuant to Section 1954.53 of the Costa
Hawkins Rental Housing Act.
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(i)
Monitoring Program.
( 1)
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 Section 207.1 and shall use such data to enforce the requirements of
the Regulatory Agreements entered into pursuant to subsection 207.1 (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.
(2)
Monitoring of Prohibition on Use as Short Term Rentals. The
Department shall collect data on the use of ADUs authorized to be constructed by this Section
207.1 as Short-Term Residential Rentals, as that term is defined in Administrative Code
Section 41A.4, and shall use such data to evaluate and enforce Notices of Special Restriction
pursuant to Section 207.1 (d) and the requirements of Administrative Code Chapter 41 A.
(3)
Department Report. As part of the annual Housing Inventory, the
Department shall report the types of units being developed pursuant to this Section 207.1,
their affordability rates, their use as Short-Term Residential Rentals, and 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 Section 207.1, and
shall include recommendations for any amendments to the requirements of this Section 207.1.
SEC. 207. 2 STATE MANDATED ACCESSORY DWELLING UNIT PROGRAM.
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(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. The purpose of this Section 207.2 is to implement California Government
Code Sections 65852.2 and 65852.22, 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 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. An ADU constructed pursuant
to this Section 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,
for purposes of this Section 207.2, a "detached" structure or ADU shall not share structural
walls with the primary structure on the lot. If construction of the ADU will not meet the
requirements of this Section, the ADU is regulated pursuant to Section 207.1 and not this
Section 207.2.
(c}
General Controls on Construction. An ADU constructed pursuant to this
Section 207.2 shall meet all of the following:
(1)
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.
(2)
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 objective
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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.
(3)
All applicable requirements of San Francisco's health and safety codes
shall apply, including but not limited to the Building and Fire Codes.
(4)
No parking is required for the ADU.
(d)
Specific Controls for Hybrid ADUs. The purpose of this subsection 207.2(d)
is to implement California Government Code Sections 65852.2(e) and 65852.22, which
require ministerial consideration of ADUs and JADUs that meet certain standards ("Hybrid
ADUs"). California Government Code Section 65852.2(e)(6) authorizes the City to impose
objective standards, including, but not limited to, design, development, and historic standards,
on ADUs approved under this subsection 207.2(d). ADUs and JADUs shall strictly meet the
requirements set forth in this subsection 207.2(d), and all other applicable Planning Code
standards, including open space, exposure, buildable area, and other standards, without
requiring a waiver of Code requirements pursuant to subsection 207.1 (g): provided, however,
that adding an ADU or JADU in compliance with this subsection 207.2(d) does not exceed the
allowable density for the lot. The City shall approve ADUs and JADUs meeting the following
requirements, in addition to the requirements of subsection 207.2(b) and any other applicable
standards:
( 1)
ADUs and JADUs within proposed space of a proposed single-
family dwelling or within existing space of a 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.
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(B)
Only one detached ADU, and one JADU, are permitted per lot in
addition to an ADU permitted under this subsection 207.2(d)(1 ).
(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)
If an ADU is proposed, it will be within the existing space of a
single-family dwelling or accessory structure, or within the space of a proposed single-family
dwelling, or it will require an addition of no 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 Planning Code
Section 102 and California Government Code Section 65852.22.
(2)
Detached. new construction ADUs on a 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 more than
one other ADU and one JADU.
(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 does not exceed the
applicable height limit contained in subsection 207.2(e)(9).
(3)
ADUs within existing space of a multifamily dwelling meeting the
following conditions:
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(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 ADUs within the dwelling structure would not
exceed 25% of the existing number of primary dwelling units within the structure, provided that
all multifamily dwelling structures shall be permitted to have at least one ADU pursuant to this
subsection 207.2(d)(3) if all other applicable standards are met.
(4)
Detached, new construction ADUs on a lot containing a proposed or
existing multifamily dwelling meeting the following conditions:
(A)
The lot on which the ADU is proposed contains a proposed or
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, except that if the existing multifamily dwelling has a side or rear setback of less
than four feet. modification of the existing multifamily dwelling shall not be required as a
condition of approving a proposed ADU that otherwise satisfies the requirements of this
subsection 207.2(c)(4).
(D)
The proposed ADU does not exceed the applicable height limit
contained in subsection 207 .2(e )(9).
(E)
No more than two ADUs shall be permitted per lot pursuant to this
subsection 207.2(c)(4).
(e}
Specific Controls for State ADUs. The purpose of this subsection 207.2(e} is
implement California Government Code Sections 65852.2(a) through (d), which require
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streamlined, ministerial approval of ADUs meeting certain standards ("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(e), shall meet 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(e) shall meet the following conditions:
(1)
(2)
Only one ADU will be constructed.
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)
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
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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 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)
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.
(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.
(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 offstreet 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 16 feet for a detached ADU on a lot with an existing or
proposed dwelling.
(8)
A height of 18 feet for a detached ADU on a lot with an existing or
proposed dwelling that is within one-half of one mile walking distance of a major transit stop or
a high-quality transit corridor, as defined in Section 21155 of the California Public Resources
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Code. An additional two feet in height shall be permitted to accommodate a roof pitch on the
ADU that is aligned with the roof pitch of the primary dwelling.
{C)
A height of 18 feet for a detached ADU on a lot with an existing or
proposed multifamily, multi-story dwelling.
{D)
A height of 25 feet or the applicable height limit for the primary
dwelling, whichever is lower, for an ADU that is attached to the primary dwelling, except that
the ADU shall not exceed two stories.
(f)
Permit Application Review and Approval. No requests for discretionary
review shall be accepted by the Planning Department for permit applications meeting the
requirements of this Section 207.2. The Planning Commission shall not hold a public hearing
for discretionary review of permit applications meeting the requirements of this Section 207.2.
Permit applications 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 appeal to the Board of Appeals of a decision by the
Department under this Section 207.2 shall be as set forth in Section 8 of the Business and
Tax Regulations Code.
(h)
Prohibition of Short-Term Rentals. An ADU or JADU authorized under this
Section 207.2 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 subject lot.
(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
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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 California Government Code Section 65852.26.
(i)
Recordation for Junior ADUs. The following restrictions shall be recorded as
a Notice of Special Restriction 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 65852.26.
(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 65852.22.
(j)
Department Report. In addition to the information required by subsection
207.1 (i)(3). the annual Housing Inventory shall include a description and evaluation of the
number and 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.
(k)
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
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all other ADUs shall be imposed proportionately in relation to the Gross Floor Area of the
primary dwelling unit.
SEC. 207.6. REQUIRED MINIMUM DWELLING UNIT MIX IN RTO, RCD, NCT, DTR,
EASTERN NEIGHBORHOODS MIXED USE DISTRICTS, THE VAN NESS & MARKET
RESIDENTIAL SPECIAL USE DISTRICT, AND THE POLK STREET AND PACIFIC
AVENUE NEIGHBORHOOD COMMERCIAL DISTRICTS.
* * * *
(b) Applicability.
(1) This Section shall apply in the RTO, RCD, NCT, DTR, Eastern
Neighborhoods Mixed Use Districts, the Van Ness & Market Residential Special Use District,
and the Pacific Avenue and Polk Street NCDs.
(2) This Section shall apply to all applications for building permits and/or
Planning Commission entitlements that propose the creation of five or more Dwelling Units.
(3) This Section does not apply to buildings for which 100 percent of the
residential uses are: Group Housing, Dwelling Units that are provided at below market rates
pursuant to Section 406(b)(1) of this Code, Single Room Occupancy (SRO) Units, Student
Housing (all as defined in Section 102 of this Code) or housing specifically and permanently
designated for seniors or persons with physical disabilities.
(4) This Section 207.6 shall not apply to applications for permits or entitlements
to construct Accessory Dwelling Units or Junior Accessory Dwelling Units.
* * * *
SEC. 207.7. REQUIRED MINIMUM DWELLING UNIT MIX.
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(a) Purpose. To ensure an adequate supply of family-sized units in new housing
stock, new residential construction must include a minimum percentage of units of at least two
and three bedrooms.
(b) Applicability.
(1) This Section 207.7 shall apply to all applications for building permits and/or
Planning Commission entitlements that propose the creation of 10 or more Dwelling Units in
all districts that allow residential uses, unless that project is located in the RTO, RCD, NCT,
DTR, and Eastern Neighborhoods Mixed Use Districts, or in an area or Special Use District
with higher specific bedroom mix requirements, or is a HOME SF project subject to the
requirements of Planning Code Section 206.3.
(2) This Section 207 .7 shall not apply to buildings for which 100% of the
residential uses are: Group Housing, Dwelling Units that are provided at below market rates
pursuant to Section 406(b)(1) of this Code, Single Room Occupancy (SRO) Units, Student
Housing (all as defined in Section 102 of this Code), or housing specifically and permanently
designated for seniors or persons with physical disabilities, including units to be occupied by
staff serving any of the foregoing residential uses. This Section 207.7 shall apply to Student
Housing unless the educational institution with which it is affiliated has an Institutional Master
Plan that the City has accepted, as required under Planning Code Section 304.5.
(3) This Section 207.7 shall not apply to projects that filed a complete
Environmental Evaluation Application on or prior to January 12, 2016, or to projects that have
received an approval, including approval by the Planning Commission, as of June 15, 2017.
(4) In accordance with Section 210.5, this Section 207.7 shall not apply to
Commercial to Residential Adaptive Reuse projects.
{5) This Section 207.7 shall not apply to applications for permits or entitlements
to construct Accessory Dwelling Units or Junior Accessory Dwelling Units.
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* * * *
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
(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 of St1-BSSection 207.2~ of this
Code.
* * * *
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SEC. 1110. CONSTRUCTION, AL TERA TION 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 of Stl-bSection 207.2~ of this Code.
Section 3. Articles 1, 2, 3, 7, and 8 of the Planning Code are hereby amended by
replacing all references to Planning Code "subsection 207(c)(4)" and "section 207(c)(4)" in
each of the Sections, subsections, and tables listed below with the term "Section 207.1 ". If any
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references in the Planning Code to "subsection 207(c){4)" and "section 207(c)(4)" have been
inadvertently omitted from the above list. the City Attorney is authorized to cause such
references to be changed to "Section 207.1 ".
Subsection 134(Q
Subsection 138.1 (c)(1)
Subsection 140(c)(2)
Subsection 172(a)
-
Table 209.1, Note 6
-
Table 209.2, Note 7
-
Table 209.3, Note 7
-
Table 209.4, Note 7
-
Table 210.1, Note 5
-
Table 210.2, Note 7
-
Table 210.4, Note 3
Subsection 307(1) (2 references)
-
Section 710
-
Table 710 (2 references)
Section 711
-
Table 711 (2 references)
Section 712
-
Table 712 (2 references)
Section 713
-
Table 713 (2 references)
Section 714
-
Table 714 (2 references)
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Section 715
Table 715 (2 references}
Section 716
-
Table 716 (2 references}
Section 717
Table 717 (2 references}
Section 718
-
Table 718 (2 references}
Section 719
-
Table 719 (2 references}
-
Table 720
-
Table 721
Section 722
Table 722 (2 references)
Section 723
-
Table 723 (2 references}
Section 724
-
Table 724 (2 references}
Section 725
Table 725 (2 references}
Section 726
Table 726 (2 references}
Section 727
-
Table 727 (2 references}
Section 728
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-
Table 728 (2 references)
Section 729
-
Table 729 (2 references)
Section 730
-
Table 730 (2 references)
-
Table 731 (2 references)
-
Table 732 (2 references)
-
Table 733 (2 references)
-
Table 734 (2 references)
Section 735
-
Table 735 (2 references)
Section 736
-
Table 736 (2 references)
Section 737
-
Table 737 (2 references)
Section 738
-
Table 738 (2 references)
Section 739
-
Table 739 (2 references)
Section 740
-
Table 740 (2 references)
Section 741
-
Table 741 (2 references)
Section 742
-
Table 742 (2 references)
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Section 743
-
Table 743 (2 references)
Section 744
-
Table 744 (2 references)
Section 745
-
Table 745 (2 references)
Table 750 (2 references)
-
Table 751 (2 references)
Section 752
-
Table 752 (2 references)
Section 753
-
Table 753 (2 references)
Section 754
-
Table 754 (2 references)
Section 755
-
Table 755 (2 references)
Section 756
-
Table 756 (2 references)
Section 757
Table 757 (2 references)
Section 758
-
Table 758 (2 references)
Section 759
-
Table 759 (2 references)
Section 760
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-
Table 760 (2 references)
-
Table 761 (2 references)
Section 762
-
Table 762 (2 references)
-
Table 763 (2 references)
Section 764
-
Table 764 (2 references)
Section 827
-
Table 827 (2 references)
Section 828
Section 829
-
Table 829 (2 references)
-
Table 830
Section 831
Section 832
Section 833
Section 834
Section 835
Section 836
Section 837
Section 838
Section 839
Section 840
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Section 4. Articles 1, 2, 3, 7, and 8 of the Planning Code are hereby amended by
replacing all references to Planning Code "subsection 207{c}(6}" and "section 207(c)(6)" in
each of the Sections, subsections, and tables listed below with the term "Section 207.2". If any
references in the Planning Code to "subsection 207(c){4}" and "section 207(c){4}" have been
inadvertently omitted from the above list, the City Attorney is authorized to cause such
references to be changed to "Section 207.1 ".
-
Subsection 138.1{c)(1)
-
Table 209.1, Note 6
-
Table 209.2, Note 7
-
Table 209.3, Note 7
-
Table 209.4, Note 7
-
Table 210.1, Note 5
-
Table 210.2, Note 7
-
Table 210.4, Note 3
-
Subsection 311 (b)
-
Table 710 (2 references)
-
Table 711 {2 references)
-
Table 712 (2 references)
-
Table 713 {2 references)
-
Table 714 (2 references)
-
Table 715 {2 references)
-
Table 716 (2 references)
-
Table 717 (2 references)
-
Table 718 (2 references)
-
Table 719 (2 references)
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-
Table 720
-
Table 721
-
Table 722 (2 references)
-
Table 723 (2 references)
-
Table 724 (2 references)
-
Table 725 (2 references)
-
Table 726 (2 references)
-
Section 727
-
Table 727 (2 references)
-
Table 728 (2 references)
-
Table 729 (2 references)
-
Table 730 (2 references)
-
Table 731 (2 references)
-
Table 732 (2 references)
-
Table 733 (2 references)
-
Table 734 (2 references)
-
Section 735
-
Table 735 (2 references)
-
Section 736
-
Table 736 (2 references)
-
Section 737
-
Table 737 (2 references)
-
Section 738
-
Table 738 (2 references)
-
Section 739
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-
Table 739 (2 references)
-
Section 740
-
Table 740 (2 references)
Section 741
-
Table 741 (2 references)
-
Section 742
-
Table 742 (2 references)
Section 743
-
Table 743 (2 references)
-
Section 744
-
Table 744 (2 references)
-
Section 745
-
Table 745 (2 references)
-
Table 750 (2 references)
-
Table 751 (2 references)
Section 752
-
Table 752 (2 references)
-
Table 753 (2 references)
-
Table 754 (2 references)
-
Table 755 (2 references)
-
Table 756 (2 references)
-
Table 757 (2 references)
-
Table 758 (2 references)
-
Table 759 (2 references)
-
Table 760 (2 references)
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Table 761 (2 references)
Table 762 (2 references)
Table 763 (2 references)
Section 764
Table 764 (2 references)
Subsection 1005{e){10)
Subsection 111 O(g)(4)
Section 5. The Administrative Code is hereby amended by revising Section 37.2, to
read as follows:
SEC. 37.2. DEFINITIONS.
* * * *
(r) Rental Units. All residential dwelling units in the City together with the land and
appurtenant buildings thereto, and all housing services, privileges, furnishings, and facilities
supplied in connection with the use or occupancy thereof, including garage and parking
facilities.
Garage facilities, parking facilities, driveways, storage spaces, laundry rooms,
decks, patios, or gardens on the same lot, or kitchen facilities or lobbies in single room
occupancy (SRO) hotels, supplied in connection with the use or occupancy of a unit, may not
be severed from the tenancy by the landlord without just cause as required by Section
37.9(a). Any severance, substantial reduction= or removal of a housing service, even if
permitted under Section 37.9(a), shall be offset by a corresponding reduction in rent. Either a
landlord or a tenant may file a petition with the Rent Board to determine the amount of the rent
reduction. In addition, a tenant may petition the Rent Board for a determination on whether an
Accessory Dwelling Unit proposed to be constructed under Planning Code Section 207.,1~
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would sever, substantially reduce, or remove a housing service, pursuant to the procedures
set forth in Swssection 207.1 (c)(4)(C)(iii). The issuance of a permit for construction of an
Accessory Dwelling Unit does not, in and of itself, constitute a just cause for the purpose of
severing a housing service.
Notwithstanding the preceding paragraph, a landlord may temporarily sever one or
more housing services listed in that paragraph in order to perform seismic work required by
Building Code "Mandatory Earthquake Retrofit of Wood-Frame Buildings" ("mandatory
seismic work") if: (1) the landlord has given the notice to temporarily sever as required by
Administrative Code Section 65A.2; (2) the landlord has obtained all necessary permits on or
before the date the notice to temporarily sever is given; (3) the housing service(s) will only be
severed for the minimum time required to complete the mandatory seismic work and in no
event for a longer period than provided by Building Code Section 106A.4.4, Table B; and (4)
the temporarily severed housing service(s) will be fully restored immediately upon completion
of the mandatory seismic work. For such temporary severance of one or more of the specified
housing services due to mandatory seismic work required by Building Code Chapter 348,
tenants will not be entitled to a reduction in rent, but tenants shall be entitled to either
compensation or a substitute housing service as provided in Administrative Code Chapter
65A.
The term "rental units" shall not include:
* * * *
(4) Except as provided in subsections (A)-(E), dwelling units whose rents are
controlled or regulated by any government unit, agency, or authority, excepting those
unsubsidized and/or unassisted units which are insured by the United States Department of
Housing and Urban Development; provided, however, that units in unreinforced masonry
buildings which have undergone seismic strengthening in accordance with Building Code
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Chapters 168 and 16C shall remain subject to the Rent Ordinances to the extent that the
ordinance is not in conflict with the seismic strengthening bond program or with the program's
loan agreements or with any regulations promulgated thereunder;
* * * *
(D) The term "rental units" shall include (i) Accessory Dwelling Units
constructed pursuant to Section 207.1~ of the Planning Code and that have received a
complete or partial waiver of the density limits and the parking, rear yard, exposure, or open
space standards from the Zoning Administrator pursuant to Planning Code Section 307(1), and
(ii) New Unit(s) constructed and funded pursuant to Administrative Code Chapter 85.
* * * *
Section 6. 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 Breed
BOARD OF SUPERVISORS
Page 55
(iii)
In the case of a decision on a permit application made
pursuant to Planning Code Section 207.2, subsection (c)(6), 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 subsection (a), the provisions of Planning Code Section 207.2,
subsection (c)(6), shall govern actions taken on the granting, denial, amendment, suspension,
and revocation of permits regulated under that SSt::1-bsection 207.2~, not the standards set
forth in subsection (a) of this Section 26.
Section 7. The Building Code is hereby amended by adding Section 106A.1.19,
including Sections 106A.1.19.1 and 106A.1.19.2, to read as follows:
106A.1.19 State-Mandated Accessory Dwelling Unit Program. California
Government Code Sections 65852.2 and 65852.22 require expedited, ministerial
consideration of Acessory Dwelling Units ("ADUs") and Junior Acessory Dwelling Units
("JADUs") that meet the requirements of Planning Code Section 207.2.
106A.1.19.1 Permit Application Review and Approval. The City shall approve or
deny an application for a permit to construct an ADU or JADU on a lot containing an existing
dwelling within 60 days from receipt of the complete application if the proposed construction
fully complies with the requirements set forth in Planning Code Section 207 .2 and any other
applicable requirements. If the applicant requests a delay, the 60-day time period shall be
tolled for the period of the delay. If the City has not approved or denied the completed
application within 60 days, the application shall be deemed approved.
Mayor Breed
BOARD OF SUPERVISORS
Page 56
1 OGA.1.19.2 Notice of Garage Demolition. Written and posted notice shall not be
required for the demolition of a detached garage that is to be replaced with an ADU, unless
the property is located within a historic or conservation district pursuant to Article 10 or Article
11 of the Planning Code.
Section J~. 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. Except as stated in Sections 3 and 4 of this
ordinance, iin 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 §10. 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 11. Corrected Presentation of Existing Code. On March 20, 2023, the Land
Use and Transportation Committee created this ordinance by duplicating Board File No.
Mayor Breed
BOARD OF SUPERVISORS
Page 57
210585. Ordinance No. 53-23, in Board of Supervisors File No. 210585, took effect on May
22, 2023. This ordinance has been updated to accurately represent recent amendments to
Sections 102, 136, 207, 1005, and 1110 of the Planning Code enacted by Ordinance No. 53-
23 as existing text of the Planning Code. Said revisions do not change the substance of this
ordinance.
APPROVED AS TO FORM:
DAVID CHIU, City Attorney
By:
/s/ Peter R. Miljanich
PETER R. MILJANICH
Deputy City Attorney
n:\legana\as2023\21000221017 40751.docx
Mayor Breed
BOARD OF SUPERVISORS
Page 58
City and County of San Francisco
Tails
Ordinance
City Hall
I Dr. Carlton B. Goodlett Place
San Francisco, CA 94102-4689
File Number:
230310
Date Passed: March 19, 2024
Ordinance amending the Administrative Code, Building Code, Business and Tax Regulations Code, and
Planning Code to clarify the ministerial approval process for certain Accessory Dwelling Units (ADUs)
meeting certain requirements in single-family and multifamily buildings; 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
adopting findings of public necessity, convenience, and welfare under Planning Code, Section 302.
March 20, 2023 Land Use and Transportation Committee - AMENDED, AN AMENDMENT OF
THE WHOLE BEARING SAME TITLE
March 20, 2023 Land Use and Transportation Committee - CONTINUED TO CALL OF THE
CHAIR AS AMENDED
December 11, 2023 Land Use and Transportation Committee - CONTINUED
January 22, 2024 Land Use and Transportation Committee - CONTINUED
February 05, 2024 Land Use and Transportation Committee - DUPLICATED
February 05, 2024 Land Use and Transportation Committee - AMENDED, AN AMENDMENT
OF THE WHOLE BEARING NEW TITLE
February 05, 2024 Land Use and Transportation Committee - CONTINUED TO CALL OF THE
CHAIR AS AMENDED
March 04, 2024 Land Use and Transportation Committee - AMENDED, AN AMENDMENT OF
THE WHOLE BEARING SAME TITLE
March 04, 2024 Land Use and Transportation Committee - CONTINUED AS AMENDED
March 11, 2024 Land Use and Transportation Committee - RECOMMENDED AS
COMMITTEE REPORT
March 12, 2024 Board of Supervisors - PASSED ON FIRST READING
Ayes: 1 O - Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Safai,
Stefani and Walton
Excused: 1 - Ronen
March 19, 2024 Board of Supervisors - Fl NALLY PASSED
City and County of San Francisco
Ayes: 1 O - Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Safai,
Stefani and Walton
Page I
Printed at 9: 18 am on 3/20/24
Excused: 1 - Ronen
File No. 230310
London N. Breed
Mayor
City and County of San Francisco
Page2
I hereby certify that the foregoing
Ordinance was Fl NALLY PASSED on
3/19/2024 by the Board of Supervisors of the
City and County of San Francisco.
Date Approved
Printed at 9: 18 am on 3/20/24
