AMENDED IN COMMITTEE
6/30/2025
FILE NO. 241069
ORDINANCE NO. 113-25
[Planning, Subdivision Codes - Condominium Conversion of Accessory Dwelling Units]
Ordinance amending the Planning and Subdivision Codes to allow separate
conveyance of certain Aaccessory D.dwelling .U.!fnits and associated primary
residencesdwelling units as condominiums; affirming the Planning Department's
determination under the California Environmental Quality Act ("CEQA"); making
findings of consistency with the General Plan and the eight priority policies of Planning
Code, Section 101.1, and adopting findings of public necessity, convenience, and
welfare under Planning Code, Section 302.
NOTE:
Unchanged Code text and uncodified text are in plain Arial font.
Additions to Codes are in single-underline italics Times New Roman font.
Deletions to Codes are in strikethrough italics Times ll/-ew Romcmfont.
Board amendment additions are in double-underlined Arial font.
Board amendment deletions are in strikethrough /\rial font.
Asterisks (* * * *) indicate the omission of unchanged Code
subsections or parts of tables.
Be it ordained by the People of the City and County of San Francisco:
Section 1. Background and General Findings.
(a) San Francisco has been grappling with a housing affordability crisis for the past
couple of decades; a crisis felt by low-, moderate-, and, more recently, middle-income
households. To address this ongoing crisis, San Francisco has adopted a Housing Element
that calls for the production of 82,069 new housing units by 2031.
(b) San Francisco's housing crisis stifles economic growth, contributes to the
homelessness epidemic, consumes an ever-growing share of the paychecks of working
families, and limits tens of thousands of residents from achieving the dream of
homeownership. Decades of restrictive zoning, land use decisions, and burdensome
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permitting policies have contributed to the gap between San Francisco's housing needs for all
income levels and the available supply of housing.
(c) As the cost of living in San Francisco has ballooned over the years, the City has
lost much of the social, cultural, and economic diversity that once was central to its identity.
Entry-level housing options serve the diverse communities that reflect the City's essential
values. But San Francisco has been unable to provide the needed housing for the wide range
of workers that our economy requires and the wide range of individuals and families that
ought to be able to live in our community.
(d) San Francisco's homeownership rates are among the lowest in California and
nationwide. High median home prices, supply limitations, and high development costs have
made economically attainable homeownership increasingly out of reach for many San
Franciscans, particularly immigrants, communities of color, and first-time homebuyers.
(e) San Francisco's housing shortage limits economic mobility and opportunity for the
City's workforce and residents. It contributes to longer commutes, overcrowding, and a
decline in the quality of life in the City.
(f) According to the Federal Reserve's 2022 Survey of Consumer Finances,
homeownership is a powerful tool for closing the racial and ethnic wealth gap in our society.
Without question, homeownership remains one of the most effective ways in which all San
Franciscans can build wealth and assets.
(g) Small, multi-family housing construction projects in San Francisco, including the
construction and legalization of Accessory Dwelling Units ("ADUs"), have historically faced
unique challenges and constraints. The combination of high land values and construction
costs presents significant barriers that discourage the average homeowner and developer
from pursuing this type of housing. In addition, small housing projects in well-resourced
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I,
neighborhoods have often faced strong localized opposition, which undermines community
support for this type of housing as reasonable, appropriate, and a viable option to build.
(h) This ordinance authorizes the separate conveyance of primary di.velling units
residences and ADUs as condominiums. The goal is to provide an option to homeowners and
property owners to expediently seek a return on the capital investment required to construct
ADUs, while reducing long-term liabilities and potential risks associated with managing rental
property. The intent is to incentivize the production of ADUs, especially in neighborhoods
dominated by single-family homes, and thereby increase the supply of affordable, entry-level
housing units.
(i) ADUs are an affordable housing option because they do not require the purchase of
land, major new infrastructure, structured parking, or elevators. These units can be built using
cost-effective wood frame construction, which is significantly less costly than homes in new
multifamily infill buildings, while providing as much living space as many newly-built
apartments and condominiums. Reducing construction costs on ADUs when sold separately
as condominiums can help reduce for-sale prices of these units and increase the supply of
entry-level homes.
U) According to the Planning Department's 2022 Housing Element and the United
States Census Bureau, nearly 30% of San Francisco's housing stock is comprised of single-
family homes, totaling 122,816 housing units. About two-thirds of these single-family homes -
an estimated 66% - are owner-occupied. Despite high home prices, 50% of single-family
homes are owned by moderate- or low-income owners. Single-family homes have much
lower turnover rates than multifamily ownership units or rental units. Forty-six percent of
single-family homes have been owner-occupied for 20 years or more, and 70% have been
owner-occupied for 10 years or more. These longtime residents are often pillars of
neighborhood identity, diversity, and culture. Allowing these homeowners the option to build
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and separately convey their ADUs as condominiums presents a significant opportunity to
increase production of new, desperately needed housing units within existing, well-resourced
neighborhoods. This would help provide sufficient housing for current residents and future
generations, and help support and maintain a city with diverse cultures, family structures, and
communities, without having to rely on large-scale area plans and capital-intensive, large-lot
redevelopment projects.
(k) Longtime homeowners are often constrained by limited liquidity and cash assets,
even as the value of their home and property has appreciated over decades. Access to this
accrued wealth is typically only possible when these assets are sold, which can displace
longtime residents and separate multigenerational extended families. The City can help
prevent such displacement and create opportunities to build generational wealth by allowing
these homeowners the option to convey an ADU separately from the owner-occupied primary
dwelling unit. This option allows seniors to age in place as they require more care, and
provides an additional source of income for homeowners.
(I) Nothing in this ordinance is intended to promote speculative real estate investments
that may seek to displace current residents, demolish existing housing stock, build new units,
and quickly sell those units. Further, nothing in this ordinance is intended to reduce the
supply of ADUs subjected to rent control under Planning Code Section 207.1.
(m) This Board of Supervisors finds that the separate conveyance of ADUs as
condominiums is consistent with the City's obligation to affirmatively further fair housing
pursuant to California Government Code Section 8899.50 et seq. Promoting greater density
within well-resourced neighborhoods in this manner meaningfully addresses significant
disparities in housing needs, fosters positive economic and health outcomes, and increases
access to high-quality neighborhood resources and areas of opportunity. In addition, the
Board finds that this ordinance broadly supports the goals and objectives in the Housing
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Element of the General Plan, and furthers Program Area 7: Expanding Housing Choice, and
Implementing Program Area 7.4: Accessory Dwelling Units.
Section 2. Environmental and Land Use Findings.
(a) The Planning Department has determined that the actions contemplated in this
ordinance comply with the California Environmental Quality Act (California Public Resources
Code Sections 21000 et seq.). Said determination is on file with the Clerk of the Board of
Supervisors in File No. 241069 and is incorporated herein by reference. The Board affirms
this determination.
(b) On February 13, 2025, the Planning Commission, in Resolution No. 21684,
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. 241069, and is incorporated herein by reference.
(c) Pursuant to Planning Code Section 302, the Board finds that these Planning Code
amendments will serve the public necessity, convenience, and welfare for the reasons set
forth in Planning Commission Resolution No. 21684, and the Board incorporates such
reasons herein by reference. A copy of said resolution is on file with the Clerk of the Board of
Supervisors in File No. 241069.
Section 3. Article 2 of the Planning Code is hereby amended by revising Sections
207.1 and 207.2, and adding Section 207.4, to read as follows:
SEC. 207.1. LOCAL ACCESSORY DWELLING UNIT PROGRAM.
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I.
(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.
* * * *
(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.,:_
{ll that is located 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,:_ or. This prohibition on separate sate
orfinaNee of the ADU shall not apply to an ADU
--~(._2~) that meets the requirements of California Government Code Section 66341 =:-i-
(3) that meets the requirements of Planning Code Section 207.4.
* * * *
SEC. 207.2. STATE MANDATED ACCESSORY DWELLING UNIT PROGRAM.
(a)
Exception to Dwelling Unit Density Limits for Certain Accessory Dwelling
Units Under the State-Mandated Program. An exception to the calculations under Section
207 of this Code shall be made for Accessory Dwelling Units ("ADUs") and Junior Accessory
Dwelling Units ("JADUs"), as defined in Section 102 of this Code, meeting the requirements of
this Section 207.2. The purpose of this Section 207.2 is to implement California Government
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Code Sections 66314 and 66333, which require ministerial consideration of ADUs and JADUs
that meet certain standards.
*
*
*
*
(i)
Rental; Restrictions on Subdivisions. An ADU or JADU constructed
pursuant to this Section 207.2 may be rented and is subject to all applicable provisions of the
Residential Rent Stabilization and Arbitration Ordinance (Chapter 37 of the Administrative
Code). Notwithstanding the provisions of Article 9 of the Subdivision Code, a lot with an ADU
or JADU authorized under this Section 207.2 shall not be subdivided in a manner that would
allow for the ADU or JADU to be sold or separately financed pursuant to any condominium
plan, housing cooperative, or similar form of separate ownership, except that this prohibition
on separate sale or finance of the ADU shall not apply to an ADU that meets the requirements
of either: California Government Code Section 66333(ft or that meets the requirements of
Planning Code Section 207.4 and Subdivision Code Section 1316.
* * * *
SEC. 207.4. SEPARATE SALE AND CONVEYANCE CONDOMINIUM CONVERSION
OF CERTAIN STATE MANDATED ACCESSORY DWELLING UNITS AND ASSOCIATED
PRIMARY DWELLING UNITS~
{g)_ This Section 207.4 sets forth the requirements for conversion of cCertain new or
existingAccessory Dwelling Units ("ADUs"), as defined in Section 102 ofthis Code, approved under
the City's state-mandated, ministerial approval programs in Planning Code Section 207.2, or
former Planning Code subsection 207(c)(6), may be separately sold or conveyed from the
primary residence, if the subdivision of those units is approved pursuant to the Subdivision
Code. and associated primary d•.velling units, into condominiums. These condominiums may}e
sold or otherwise conveyed separately from the primary residence only under the conditions set forth in
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this Section 207.4 and in compliance with the San Francisco Subdivision Code. Applications to
construct ADUs may be submitted concurrently with any application to subdivide the parcel.
(b) Eligibility. Only ADU projects meeting the following requirements are eligible for
condominium conversion under this Section 207.4:
(1) For ADUs approved under the City's state mandated, ministerial approval
programs in Planning Code Section 207.2, or former Planning Code subsection 207(c)(6), an
application to construct such ADUs must have been submitted on or after January 1, 2020.
(2) For ADUs approved under the City's local, discretionary approval program in
Planning Code Section 207.1, an application to construct such ADUs must have been
submitted on or after November 1, 2024.
(3) The lot proposed for subdivision, or the building within 1Nhich any ADU will
be constructed, contains four or fe1Ner existing d1Nelling units.
(4) All structures and buildings included as part of a condominium project
authorized under this Section 207.4 shall all applicable Building and Planning Code
requirements. The conversion of AD Us and associated primary d1.velling units to
condominium units shall not reduce or eliminate any Building and Planning Codes
requirements applicable to any such units.
(5) Junior ADUs. Junior ADUs shall not be eligible for conversion to
condominiums under this Section 207.4.
(c) Requirements.
(1) All condominiums converted from AD Us and associated primary dwelling
units under this Section 207.4 shall be created pursuant to the Davis Stirling Common Interest
Development Act (Part 5 (commencing 1Nith Section 4000) of Division 4 of the California Civil
Code).
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(2) All condominiums converted from ,A,DUs and associated primary dv.'elling
units under this Section 207.4 shall be created in conformance with all applicable objective
requirements of the Subdivision Map Act (Division 2 (commencing with Section 66410) of the
California Government Code) and all objective requirements of the San Francisco Subdivision
Code.
(3) Safety Inspection. Prior to the recordation of the condominium plan, a
safety inspection of the ADU shall be conducted as evidenced either through a certificate of
occupancy or a housing quality standards report from a building inspector certified by the
United States Department of Housing and Urban Development.
(4) Lienholder Consent. Neither a subdivision map nor a condominium plan
shall be recorded \Vithout each lienholder's consent. A lienholder may refuse to give consent.
A lienholder may also consent provided that any terms and conditions required by the
lienholder are satisfied. Prior to recordation of the initial or any subsequent modifications to
the condominium plan, written evidence of the lienholder's consent shall be provided to the
Assessor Recorder along with a signed statement from each lienholder that states as follows:
"[Name of lienholder] hereby consents to the recording of this condominium plan in their sole
and absolute discretion and the borrower has or will satisfy any additional terms and
conditions the lienholder may have." A lienholder's consent shall be included on the
condominium plan or a separate form attached to the condominium plan that includes the
following information:
(A) The lienholder's signature.
(B) The name of the record owner or ground lessee.
(C) The legal description of the real property.
(D) The identities of all parties with an interest in the real property as
reflected in the real property records.
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(E) The lienholder's consent shall be recorded 11.1ith the Assessor
Recorder.
(5) Notice. The City shall include the follO\\'ing notice on any ADU submittal
checklist or public information that describes the requirements and permitting for ADUs, and
shall include the following notice as part of the conditions of any ADU building permit or
condominium plan approval:
"NOTICE: If you are considering establishing your primary dwelling unit and
accessory dwelling unit as a condominium, please ensure that your building permitting
agency allows this practice. If you decide to establish your primary dwelling unit and
accessory dwelling unit as a condominium, your condominium plan or any future
modifications to the condominium plan must be recorded 111ith the County Recorder.
Prior to recordation or modification of your subdivision map and condominium plan, any
lien holder with a lien on your title must provide a form of written consent either on the
condominium plan, or on the lienholder's consent form attached to the condominium
plan, with text that clearly states that the lender approves recordation of the
condominium plan and that you have satisfied their terms and conditions, if any.
In order to secure lender consent, you may be required to follow additional
lender requirements, which may include, but are not limited to, one or more of the
following:
(a) Paying off your current lender.
You may pay off your mortgage and any liens through a refinance or a ne1.v loan.
Be aware that refinancing or using a new loan may result in changes to your interest
rate or tax basis. Also, be aware that any subsequent modification to your subdivision
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map or condominium plan must also be consented to by your lender, \Nhich consent
may be denied.
(b) Securing your lender's approval of a modification to their loan collateral due
to the change of your current property legal description into one or more condominium
parcels.
(c) Securing your lender's consent to the details of any construction loan or
ground lease.
This may include a copy of the improvement contract entered in good faith with
a licensed contractor, evidence that the record 0 1.vner or ground lessee has the funds to
complete the 1Nork, and a signed statement made by the record mvner or ground lessor
that the information in the consent above is true and correct."
(6) Notice to Utility Providers. If an ADU is converted to a condominium, the
property owner shall notify providers of utilities, including water, sewer, gas, and electricity, of
the creation of the condominium and any separate conveyance.
(7) Additional Requirements for Projects in Planned Developments. The owner
of a property or a separate interest •.vithin an existing planned development that has an
existing association, as defined in Section 4080 of the California Civil Code, shall not record a
condominium plan to create a common interest development under Section 4100 of the
California Civil Code that includes an ADU authorized under this Section 207.4 without
express written authorization by the existing association. For purposes of this subsection
(c)(7), \Witten authorization by the existing association means approval by the board at a duly
noticed board meeting, as defined in Section 4090 of the California Civil Code, and, if needed
pursuant to the existing association's governing documents, membership approval of the
existing association.
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{£€1-) Review of Program. The Planning Department shall include the location and number of
units of projects approved~ for conversion to condominiums under this Section 207.4 and the
Subdivision Code in the Housing Inventory Report. Prior to December 31, 2030, the Planning
Department shall prepare and submit to the Planning Commission a report containing
recommendations as necessary or appropriate for modifications to this Section 207.4the program
allowing the separate sale and conveyance of state-mandated ADUs. including modifications to
further the goals o{the City's Seventh Housing Element Cycle.
Section 4. Articles 2, 3, and 9 of Division 1 of the Subdivision Code i-sare hereby
amended by revising Section 1308. and adding Sections 1316 and 1396.8, to read as follows:
SEC. 1308. SUBDIVISIONS.
(a) "Common areas" shall mean an entire project excepting all units therein granted
or reserved.
(b) "Community Apartments" shall mean an estate in real property consisting of an
undivided interest in common in a parcel of real property and the improvements thereon
coupled with the right of exclusive occupancy of any apartment located therein.
(c) "Condominium" shall mean an estate in real property consisting of an undivided
interest in common in a portion of a parcel of real property together with a separate interest in
space in a residential, industrial, or commercial building on such real property, such as an
apartment, office, or store. A Condominium may include in addition a separate interest in
other portions of such real property. Such estate may, with respect to the duration of its
enjoyment, be either (1) an estate of inheritance or perpetual estate, (2) an estate for life, or
(3) and estate for years, such as a leasehold or subleasehold. This definition is intended to
conform to Section 783 of the California Civil Code and any other section of California law.
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(d) "Conversion" shall mean a subdivision which changes the type of ownership of
real property to that defined as a Condominium project, Community Apartment project or
Stock Cooperative and in which two or more condominiums, community apartments or units in
a stock cooperative are newly created wholly or in substantial part within an existing
residential structure or structures, regardless of the present or prior use of such structures and
of whether substantial improvements have been made to such structures. A conversion also
shall include a subdivision that: (1) is created wholly or in substantial part within an existing
residential structure or structures, regardless of the present or prior use of such structures and
of whether substantial improvements have been made to such structures and (2) divides one
or more of the existing residential dwelling units into separate lots, parcels, or units. A
conversion also shall include a subdivision involving certain Accessory Dwelling Units and an
associated primary residence under Section 1396.8, and Planning Code Section 207.4.
* * * *
SEC. 1316. SEPARATE SALE AND CONVEYANCE OF CERTAIN STATE
MANDATED ACCESSORY DWELLING UNITS AND ASSOCIATED PRIMARY
RESIDENCES.
(a) Notwithstanding any other provisions of this Code, a subdivider shall be eligible to
submit an application for separate sale and conveyance of Accessory Dwelling Units ("ADUs")
and associated primary residences that satisfy the requirements of this Section 1316 and/or
include said ADUs in a condominium map application for a project approved pursuant to
Planning Code Section 207.4. For purposes of this Section 1316, primary residence shall
mean the whole of an existing or new residential structure or complex, which may contain one
or more individual dwelling units. Applications under this Section 1316 shall be subject to the
following requirements:
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(b) Eligibility. ADUs are eligible for separate sale and conveyance under this Section
1316 if all of the following requirements are met:
(1) The lot proposed for subdivision contains four or fewer existing individual
dwelling units.
(2} An application to construct the ADU was submitted on or after May 1, 2025,
or no certificate of occupancy has been issued for the ADU=
(3) The ADU is either:
(A} constructed on a property containing an existing single-family
dwelling or existing condominiums, and such ADU (i) is constructed after January 1, 2020; (ii)
is detached from the existing dwelling or condominiums; @) is approved under the City's
state-mandated, ministerial approval programs in Planning Code Section 207.2 or former
Planning Code subsection 207(c)(6); and (iiiv) does not convert space within any existing
structure; or
(B) constructed on a property containing a new proposed single-family
home or new proposed condominium project, and such ADU is a newly-constructed, detached
or attached ADU approved under the City's state-mandated, ministerial approval programs in
Planning Code Section 207.2 or former Planning Code subsection 207(c)(6).
(4) The unit is not a Junior ADU, as defined in Planning Code Section 102.
{c) All condominiums created from ADUs and associated primary residence under this
Section 1316 shall be created pursuant to the Davis-Stirling Common Interest Development
Act (Part 5 (commencing with Section 4000) of Division 4 of the California Civil Code).
(d) All condominiums created from ADUs and associated primary residence under this
Section 1316 shall be created in conformance with all applicable objective requirements of the
Subdivision Map Act (Division 2 (commencing with Section 66410) of the California
Government Code) and all objective requirements of this Code.
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(e) Safety Inspection. Prior to the recordation of the condominium plan, a safety
inspection of the ADU shall be conducted as evidenced either through a certificate of
occupancy or a housing quality standards report from a building inspector certified by the
United States Department of Housing and Urban Development.
(f) Lienholder Consent. Neither a subdivision map nor a condominium plan shall be
recorded without each lienholder's consent. A lienholder may refuse to give consent. A
lienholder may also consent provided that any terms and conditions required by the lienholder
are satisfied. Prior to recordation of the initial or any subsequent modifications to the
condominium plan, written evidence of the lienholder's consent shall be provided to the
Assessor-Recorder along with a signed statement from each lienholder that states as follows:
"[Name of lienholder] hereby consents to the recording of this condominium plan in their sole
and absolute discretion and the borrower has or will satisfy any additional terms and
conditions the lienholder may have." A lienholder's consent shall be included on the
condominium plan or a separate form attached to the condominium plan that includes the
following information:
(1) The lien holder's signature.
(2) The name of the record owner or ground lessee.
(3) The legal description of the real property.
(4) The identities of all parties with an interest in the real property as
reflected in the real property records.
(5) The lienholder's consent shall be recorded with the Assessor-
Recorder.
(g) Notice. The City shall include the following notice on any ADU submittal checklist
or public information that describes the requirements and permitting for ADUs, and shall
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include the following notice as part of the conditions of any ADU building permit or
condominium plan approval:
"NOTICE: If you are considering establishing your primary dwelling unit and
accessory dwelling unit as a condominium, please ensure that your building permitting
agency allows this practice. If you decide to establish your primary dwelling unit and
accessory dwelling unit as a condominium, your condominium plan or any future
modifications to the condominium plan must be recorded with the County Recorder.
Prior to recordation or modification of your subdivision map and condominium plan, any
lien holder with a lien on your title must provide a form of written consent either on the
condominium plan, or on the lienholder's consent form attached to the condominium
plan. with text that clearly states that the lender approves recordation of the
condominium plan and that you have satisfied their terms and conditions. if any.
In order to secure lender consent. you may be required to follow additional
lender requirements. which may include. but are not limited to, one or more of the
following:
(a) Paying off your current lender.
You may pay off your mortgage and any liens through a refinance or a new loan.
Be aware that refinancing or using a new loan may result in changes to your interest
rate or tax basis. Also. be aware that any subsequent modification to your subdivision
map or condominium plan must also be consented to by your lender, which consent
may be denied.
(b) Securing your lender's approval of a modification to their loan collateral due
to the change of your current property legal description into one or more condominium
parcels.
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(c) Securing your lender's consent to the details of any construction loan or
ground lease.
This may include a copy of the improvement contract entered in good faith with
a licensed contractor. evidence that the record owner or ground lessee has the funds to
complete the work. and a signed statement made by the record owner or ground lessor
that the information in the consent above is true and correct."
(h) Notice to Utility Providers. If an ADU is approved for separate sale or
conveyance as a condominium, the property owner shall notify providers of utilities. including
water, sewer. gas. and electricity. of the creation of the condominium and any separate
conveyance.
m Additional Requirements for Projects in Planned Developments. The owner of
a property or a separate interest within an existing planned development that has an existing
association. as defined in Section 4080 of the California Civil Code, shall not record a
condominium plan to create a common interest development under Section 4100 of the
California Civil Code that includes an ADU authorized under this Section 1316 without
express written authorization by the existing association. For purposes of this subsection
1316(i). written authorization by the existing association means approval by the board at a
duly noticed board meeting. as defined in Section 4090 of the California Civil Code. and. if
needed pursuant to the existing association's governing documents. membership approval of
the existing association.
* * * *
SEC. 1396.4. CONDOMINIUM CONVERSION FEE AND EXPEDITED CONVERSION
PROGRAM.
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(a) Findings. The findings of Planning Code Section 415.1 concerning the City's
inclusionary affordable housing program are incorporated herein by reference and support the
basis for charging the fee set forth herein as it relates to the conversion of dwelling units into
condominiums.
(b) Any building may be exempted from the annual lottery provisions of Section 1396
if the building owners for said building comply with either: (1) Section 1396.3(g)(1) and all the
requirements of this Section 1396.4; (2) all the requirements of Section 1396.6; GF-(3) all the
requirements of Section 1396.7: or (4) all the requirements of Section 1396.8. Notwithstanding
the foregoing sentence, no property or applicant subject to any of the prohibitions on
conversions set forth in Section 1396.2, in particular a property with the eviction(s) set forth in
Section 1396.2(b), is eligible for the Expedited Conversion program under this Section 1396.4.
Eligible buildings as set forth in this subsection (b) may exercise their option to participate in
this program according to the following requirements:
*
*
* *
SEC. 1396.8. CONDOMINIUM CONVERSION OF CERTAIN STATE MANDATED
ACCESSORY DWELLING UNITS AND ASSOCIATED PRIMARY DWELLING UNITS UNDER
PLANNING CODE SECTION 207.4:.
Notwithstanding any other provisions o(this Code, a subdivider shall (1) be exempt from the
annual lottery provisions of Section 1396 ofthis Code with respect to any Accessory Dwelling Units
("ADUs ") and associated Primary Dwelling Units that satis-{y the requirements of Section
1316Planning Code Section 207.4; and (2) be eligible to submit a condominium conversion
application for said AD Us and an associated ,QP.rimary residenceD1.velling Units and/or include said
AD Us in a condominium map application for a proiect approved pursuant to Planning Code Section
207.4. Notwithstanding the foregoing sentence, no property or applicant subiect to any o(the
prohibitions on conversions set forth in Section 1396.2 ofthis Code, including but not limited to a
Supervisor Engardio
BOARD OF SUPERVISORS
Page 18
property with the eviction(s) set forth in Section 1396. 2(b), shall be eligible for condominium
conversion under this Section 1396.8. Any ADU subject to conversion under this Section 1396.8
shall be subject to the requirements of Article 9 of this Code. For purposes of this Section
1396.8. primary residence shall mean the whole of an existing or new residential structure or
complex. which may contain one or more individual dwelling units.
Section 5. 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 6. Scope of Ordinance. In enacting this ordinance, the Board of Supervisors
intends to amend only those words, phrases, paragraphs, subsections, sections, articles,
numbers, punctuation marks, charts, diagrams, or any other constituent parts of the Municipal
Code that are explicitly shown in this ordinance as additions, deletions, Board amendment
additions, and Board amendment deletions in accordance with the "Note" that appears under
the official title of the ordinance.
APPROVED AS TO FORM:
DAVID CHIU, City Attorney
By:
Isl Peter Miljanich
PETER MILJANICH
Deputy City Attorney
n:\legana\as2025\2400233\01851750.docx
Supervisor Engardio
BOARD OF SUPERVISORS
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City and County of San Francisco
Tails
Ordinance
City Hall
I Dr. Carlton B. Goodlett Place
San Francisco, CA 94102-4689
File Number:
241069
Date Passed: July 08, 2025
Ordinance amending the Planning and Subdivision Codes to allow separate conveyance of certain
Accessory Dwelling Units and associated primary residences as condominiums; affirming the Planning
Department's determination under the California Environmental Quality Act ("CEQA"); 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.
April 21, 2025 Land Use and Transportation Committee - AMENDED, AN AMENDMENT OF
THE WHOLE BEARING NEW TITLE
April 21, 2025 Land Use and Transportation Committee - CONTINUED AS AMENDED
April 28, 2025 Land Use and Transportation Committee - CONTINUED TO CALL OF THE
CHAIR
June 30, 2025 Land Use and Transportation Committee - AMENDED, AN AMENDMENT OF
THE WHOLE BEARING SAME TITLE
June 30, 2025 Land Use and Transportation Committee - RECOMMENDED AS AMENDED
AS A COMMITTEE REPORT
July 01, 2025 Board of Supervisors - PASSED ON FIRST READING
Ayes: 11 - Chan, Chen, Dorsey, Engardio, Fielder, Mahmood, Mandelman, Melgar,
Sauter, Sherrill and Walton
July 08, 2025 Board of Supervisors - Fl NALLY PASSED
City and County of Sa11 Fra11cisco
Ayes: 11 - Chan, Chen, Dorsey, Engardio, Fielder, Mahmood, Mandelman, Melgar,
Sauter, Sherrill and Walton
Page I
Pri11teli at 10:02 am 011 7/9/25
File No. 241069
~/
Al-2
City a11d Cou11ty of Sa11 Fra11cisco
Daniel Lurie
Mayor
P11ge2
I hereby certify that the foregoing
Ordinance was Fl NALLY PASSED on
7/8/2025 by the Board of Supervisors of the
City and County of San Francisco.
Angela Calvillo
Clerk of the Board
7 I , ,
Date Approved
Pri11ted 11t 10:02 11m 011 7/9/25
