SEC. 207. DWELLING UNIT DENSITY LIMITS.
* * * *
(c)
Exceptions to Dwelling Unit Density Limits. An exception to the calculations
under this Section 207 shall be made in the following circumstances:
* * * *
(4)
Accessory Dwelling Units - Local Accessory Dwelling Unit Program:
Accessory Dwelling Units in Multifamily Buildings andt Accessory Dwelling Units in
Single-Family Homes That Do Not Strictly Meet the Requirements in subsection (c)(6).
(A)
Definition. An "Accessory Dwelling Unit" (ADU) is defined in
Section 102.
(B)
Applicability. This subsection (c)(4) shall apply to the construction
of Accessory Dwelling UnitsADUs on all lots located within the City and County of San Francisco
in areas that allow residential use, except th€l:t construction o.{€1:n Accessory Dwelling Unit isADUs
regulated by subsection ( c )(6) below., €1:nd not this subsection (c)(4), if€1:ll oftlw follondng
circumst€l:nces exist:
(i)
(ii)
only one ADU ·will be constructed;
the ADU ,vill be lornted on €l: lot t.'1€1:t is zoned for single fmnily or
multifamily use €1:nd cont€l:ins €1:n existing or proposed single family d,velling;
(iii)
the ADU is eit.'ier €l:tt€1:ched to or will be constructed entirely
'IVit.'iin the "lhdng €1:rea" (as defined in subsection (c)(6)(B)(iii)) or t.'ie build€l:ble €l:re€l: of€l:n t.'ie
proposed or existing prim€l:ry d?,velling single family home, or constructed within t.'ie built envelope of
€1:n existing €1:nd €1:uthorized €l:uxili€l:ry structure on the smne lot; provided, however, th€1:t (A) when €l:
st€l:nd €1:lone gBroge, storage structure, or other €l:uxili€l:ry structure is being converted to €1:n ADU, €1:n
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expansion to the envelope is allowed to add dormers even if the s[{1nd alone garage, storage strblctblre,
or other at1:Xiliary stmctblre is in t,Z,,e reqblir~d rear yard and (B) on a corner lot, a legal s[{1nd alone
nonconforming garage, storage stmctblre, or ot.ier at1:Xiliary strblctblre may be expanded ,vit.iin its
existing footprint by up to one additional story in or~er to create a consistent street v.1all and impr-O'v'e
the continblity of bblildings on the block.
(iv)
the ADU ',viii strictly meet the reqblirements set forth in sblbsection
(c)(6) .tdt.ioblt reqbliring a .vaiver of Code reqblir~mentspblrsblant to sblbsection (c)(4)(G); and
(v)
the permit application does not inclblde seismic upgrade work
pblrs1;wnt to sblbsection (c)(4)(F).
(C)
Controls on Construction. An Accessory Dwelling UnitADU regulated by
this subsection (c)(4) is permitted to be constructed in an existing or proposed building under
the following conditions:
(i)
For lots that have four existing Dwelling Units or fewerL or where
the zoning would permit the construction of four or fewer Dwelling Units, one ADU is
permitted,f Efor lots that have more than four existing Dwelling Units or are undergoing
seismic retrofitting under subsection (c)(4 )(F) below, or where the zoning would permit the
construction of more than four Dwelling Units, there is no limit on the number of ADUs
permitted, as long as all other health and safety requirements are met.
(ii)
The Department shall not approve an application for construction
of an ADU where a tenant on the lot washas been evicted pursuant to Administrative Code
Sections 37.9(a)(9) through (a)(12) and 37.9(a)(14) under a notice of eviction served within 10
years prior to filing the application for a building permit to construct the ADUL or where a
tenant has beenwas evicted pursuant to Administrative Code Section 37.9(a)(8) under a notice
of eviction served within five years prior to filing the application for a building permit to
construct the ADU. This subsection (c)(4)(C)(ii) shall not apply if the tenant was evicted under
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Section 37.9(a)(11) or 37.9(a)(14) and the applicant(s) either (A) have certified that the
original tenant reoccupied the unit after the temporary eviction or (B) have submitted to the
Department and to the Residential Rent Stabilization and Arbitration Board (Rent Board) a
declaration from the property owner or the tenant certifying that the property owner notified
the tenant of the tenant's right to reoccupy the unit and the tenant chose not to reoccupy it.
(iii) Prior to submitting an application to construct an ADU under this
subsection (c)(4), the property owner shall file with the Rent Board a written declaration,
signed under penalty of perjury, demonstrating that the project will comply with the
requirements of Administrative Code Sections 37.2(r) and 37.9 relating to severance,
substantial reduction, or removal of a housing service. The Rent Board shall determine the
form and content of said declaration, which shall include the following information: (1) a
description of any housing services supplied in connection with the use or occupancy of any
units on the subject property that are located in the area of the property or building where the
ADU would be constructed; (2) whether construction of the ADU would result in the
severance, substantial reduction, or removal of any such housing services; and (3) whether
any of the just causes for eviction under Administrative Code Section 37.9(a) would apply.
The property owner shall also file a copy of the notice required under Section 207(c)(4)(J) with
the declaration.
(iv) Tenants at the subject property may contest the information in the
declaration required by subsection 207(c)(4)(C)(iii) by petitioning for a written determination
from the Rent Board verifying the presence and defining characteristics of the housing service
or services in question, and whether any such housing services would be severed,
substantially reduced, or removed by the project as proposed. Petitions must be filed with the
Rent Board within 30 calendar days after the notice required under subsection 207(c)(4)(J)
has been provided. If no such petition is timely filed, the Rent Board shall promptly transmit
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the declaration to the Planning Department. If any such petition is timely filed, the Rent Board
shall endeavor to transmit the declaration and its final written determination on the petition to
the Planning Department within 90 calendar days of receipt of said petition. The Department
shall not approve an application to construct an ADU under this subsection (c)(4) unless (1)
the Rent Board has transmitted the declaration and final written determination required by
subsections (c)(4)(C)(iii) and (c)(4)(C)(iv), and (2) the materials transmitted by the Rent Board
indicate that construction of the ADU would not result in the severance, substantial reduction,
or removal without just cause of any tenant housing service set forth in Administrative Code
Section 37.2(r) that is supplied in the area of the property or building where the ADU would be
constructed, unless the property owner demonstrates that the tenant supplied with that
housing service has given their express written consent for the severance, substantial
reduction, or removal of the housing service.
(v)
Except as provided in subsections (vi)~ and (xiv«) below, an
Accessory Dwelling UnitADU shall be constructed Q,_entirely within the buildable area of an
existing lot, provided that the ADU does not include a vertical additionexceed the existing
height of an existing the building in which it is constructed, or ~within the built envelope of an
existing and authorized sttznd t1lenedetached garage, storage structure, or other
t1uxilit1rydetached structure on the same lot, t1s the built envelope existed threeyet1rsprior to the
time the appliCtitien was.filed for a building permit to construct the ADU. For purposes of this
subsection 207(c){4), a "detached" structure or ADU shall not share structural walls with either the
primary structure or any other structure on the lot. For purposes of this subsection
207(c)(4)(C)(v), the "built envelope" shall include the open area under an existing and
authorized cantilevered room or room built on columns; decks, except for decks that are
supported by columns or walls other than the building wall to which they are attached and are
multi-level or more than 10 feet above grade; and lightwell infills provided that the infill will be
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against a blank neighboring wall at the property line and not visible from any off-site location;
as these spaces exist as of July 11, 2016. An ADU constructed entirely within the existing built
envelope, as defined in this subsection 207(c)(4)(C)(v), along with permitted obstructions
allowed in Section 136(c)(32), of an existing building or authorized tnailierydetached structure
on the same lot, or where an existing stand ekmedetached garage or storage structure has
been expanded to add dormers, is exempt from the notification requirements of Section 311 of
this Code unless the existing building or authorized euxilierydetached structure on the same lot
is an Article 10 or Article 11 individual landmark or is in an Article 10 or Article 11 DistrictL in
which case the notification requirements will apply. If an ADU will be constructed under a
cantilevered room or deck that encroaches into the required rear yard, a pre-application
meeting beti.veen the applicant and adjacent neighbors for all the proposed workthat complies
with the Planning Commission's Pre-Application policy is required before the application may
be submitted.
(vi)
When a stand el-onedetached garage, storage, or other auxiliary
structure is being converted to an ADU, an expansion to the envelope is allowed to add
dormers even if the stand elonedetached garage, storage structure, or other auxiliary structure
is in the required rear yard.
(vii)
On a corner lot, a legal stend elonedetached nonconforming garage,
storage structure, or other auxiliary structure may be expanded within its existing footprint by
up to one additional story in order to create a consistent street wall and improve the continuity
of buildings on the block.
(viii) ADUs shall comply with any applicable controls in Planning Code Section
134(/).
(+'iii~) An Accessory Dwelling UnitADU shall not be constructed using
space from an existing Dwelling Unit except that an ADU may expand into habitable space on
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the ground or basement floors provided that it does not exceed 25% of the total gross square
footage of such space on the ground and basement floors. The Zoning Administrator may waive
this 25% limitation if (1) the resulting space would not be usable or would be impractical to
use for other reasonable uses,. includeding, but not limited to,. storage or bicycle parking or (2)
waiving the limitation would help relieve any negative layout issues for the proposed ADU.
(ix)
An existing building undergoing seismic retrofitting may be eligible
for a height increase pursuant to subsection (c)(4)(F) below.
(xi)
Notwithstanding any other provision of this Code, an Accessory
D 1,velling UnitADU authorized under this Section 207(c)(4) may not be merged with an original
unit(s).
(xii)
An Accessory Dwelling UnitADU shall not be permitted in any
building in a Neighborhood Commercial District or in the Chinatown Community Business or
Visitor Retail Districts if it would eliminate or reduce a ground-story retail or commercial space,
unless the Accessory Dwelling Unit is a Designated Child Care Unit, as defined in Section
102, and meets all applicable standards of Planning Code Section 414A.6(e).
(ixiii) An Accessory Dwelling Unit shall not be permitted under this
subsection (c)(4) if it would result in the reduction or removal of on-site laundry service, unless
that laundry service is replaced with at least the same number or capacity of washers and
dryers within the same building and as accessible as before to all building tenants.
(xiv) An application for a permit solely to construct an ADU in a proposed
buildin
Section 311 of this Code-:; however, any+Re application for a permit to construct the proposed
building shall be subiect to any applicable notification requirements of Section 311 of this Code.
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(xv}
In addition to any ADUs permitted under this Section 207(c}(4}
within the primary structure, one detached ADU shall be permitted within the required rear
yard if it complies with the following requirements:
a.
The proposed ADU is located at least four feet from the side
and rear lot lines and has a height no greater than sixteen feet.
b.
The Gross Floor Area of a detached ADU that provides one
bedroom or less shall not exceed 850 square feet. The Gross Floor Area of a detached ADU
that provides more than one bedroom shall not exceed 1,000 square feet.
(D)
Prohibition of Short-Term Rentals. An Accessory Dwelling UnitADU shall
not be used for Short-Term Residential Rentals under Chapter 41A of the Administrative
Code, which restriction shall be recorded as a Notice of Special Restriction on the subject lot.
(E)
Restrictions on Subdivisions. Notwithstanding the provisions of Article
9 of the Subdivision Code, a lot with an Accessory Dv,•elling UnitADU authorized under this
Section 207(c)(4) shall not be subdivided in a manner that would allow for the ADU to be sold
or separately financed pursuant to any condominium plan, housing cooperative, or similar
form of separate ownership.,_; provided, however, that t_Ihis prohibition on separate sale or
finance of the ADU shall not apply to an ADU in a building that (i) within three years prior to July
11, 2016 ,vas an existingconsisted entirely of condominium ,1lith no Rental Unit as defined in Section
37.2(r) 0:fthe Administrative Codeunits as of July 11, 2013, and fii:t-has had no evictions pursuant
to Sections 37.9(a) through 37.9(a)(12) and 37.9(a)(14) of the Administrative Code within 10
years prior tosince July 11, 2-()..Jf 996. This prohibition on separate sale or finance of the ADU shall
not apply to an ADU that meets the requirements of California Government Code Section 65852.26.
(F)
Buildings Undergoing Seismic Retrofitting. For Accessory Dwelling
YnitsADUs on lots with a building undergoing mandatory seismic retrofitting in compliance with
Chapter 40 of the Existing Building Code or voluntary seismic retrofitting in compliance with
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the Department of Building Inspection's Administrative Bulletin 094, the following additional
provision applies: If allowed by the Building Code, a building in which an Accessory Dwelling
.f!nHADU is constructed may be raised up to three feet to create ground floor ceiling heights
suitable for residential use. Such a raise in height
(i)
Shall be exempt from the notification requirements of Section 311
of this Code; and
(ii)
May expand a noncomplying structure, as defined in Section
180(a)(2) of this Code and further regulated in Sections 172, 180, and 188, without obtaining
a variance for increasing the discrepancy between existing conditions on the lot and the
required standards of this Code.
(iii)
On lots where an ADU is added in coordination with a building
undergoing mandatory seismic retrofitting in compliance with Chapter 40 of the Existing
Building Code or voluntary seismic retrofitting in compliance with the Department of Building
Inspection's Administrative Bulletin 094, the building and the new ADU shall maintain any
eligibility to enter the condo-conversion lottery and may only be subdivided if the entire
property is selected on the condo-conversion lottery.
(iv)
Pursuant to subsection (4)(C)(i), there is no limit on the number of
ADUs that are permitted to be added in connection with a seismic retrofit. as long as all health
and safety requirements are met.
(G)
Waiver of Code Requirements; Applicability of Rent Ordinance.
Pursuant to the provisions of Section 307(1) of this Code, the Zoning Administrator may grant
an Accessory Dwelling Unit a complete or partial waiver of the density limits and bicycle
parking, rear yard, exposure, or open space standards of this Code for ADUs constructed within
an existing building, and may grant a waiver o{the density limits of this Code for ADUs constructed
within a proposed building. If the Zoning Administrator grants a complete or partial waiver of the
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requirements of this Code and the subject lot contains any Rental Units at the time an
application for a building permit is filed for construction of the Accessory Dwelling UnitADU(s),
the property owner(s) shall enter into a Regulatory Agreement with the City under subsection
( c )( 4 )(H) subjecting the ADU( s) to the San Francisco Residential Rent Stabilization and
Arbitration Ordinance (Chapter 37 of the Administrative Code) as a condition of approval of
the ADU(s). For purposes of this requirement, Rental Units shall be as defined in Section
37 .2(r) of the Administrative Code.
(H)
Regulatory Agreements. A Regulatory Agreement required by
subsection (c)(4)(G) as a condition of approval of an Accessory Dwelling Unit shall contain the
following:
(i)
a statement that the ADU(s) are not subject to the Costa Hawkins
Rental Housing Act (California Civil Code Section 1954.50) because, under Section
1954.52(b ), the owner has entered into this agreement with the City in consideration for a
complete or partial waiver of the density limits, and/or bicycle parking, rear yard, exposure, or
open space standards of this Code or other direct financial contribution or other form of
assistance specified in California Government Code Sections 65915 et seq. ("Agreement");
and
(ii)
a description of the complete or partial waiver of Code
requirements granted by the Zoning Administrator or other direct financial contribution or form
of assistance provided to the property owner; and
(iii)
a description of the remedies for breach of the Agreement and
other provisions to ensure implementation and compliance with the Agreement.
(iv)
The property owner and the Planning Director (or the Director's
designee), on behalf of the City, will execute the Agreement, which shall be reviewed and
approved by the City Attorney's Office. The Agreement shall be executed prior to the City's
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issuance of the First Construction Document for the project, as defined in Section 107 A.13.1
of the San Francisco Building Code.
(v)
Following execution of the Regulatory Agreement by all parties
and approval by the City Attorney, the Regulatory Agreement or a memorandum thereof shall
be recorded against the property and shall be binding on all future owners and successors in
interest.
Any Regulatory Agreement entered into under this Section 207(c)(4) shall not preclude
a landlord from establishing the initial rental rate pursuant to Section 1954.53 of the Costa
Hawkins Rental Housing Act.
(I)
Monitoring Program.
(i)
Monitoring and Enforcement of Unit Affordability. The
Department shall establish a system to monitor the affordability of the Accessory Dwelling
Units authorized to be constructed by this subsection 207(c)(4) and shall use such data to
enforce the requirements of the Regulatory Agreements entered into pursuant to subsection
(c)(4)(H). Property owners shall provide the Department with rent information as requested by
the Department. The Board of Supervisors recognizes that property owners and tenants
generally consider rental information sensitive and do not want it publicly disclosed. The intent
of the Board is for the Department to obtain the information for purposes of monitoring and
enforcement but that its public disclosure is not linked to specific individuals or units. The
Department shall consult with the City Attorney's Office with respect to the legal requirements
to determine how best to achieve the intent of the Board.
(ii)
Monitoring of Prohibition on Use as Short Term Rentals. The
Department shall collect data on the use of Accessory Dwelling UnitsADUs authorized to be
constructed by this subsection (c)(4) as Short-Term Residential Rentals, as that term is
defined in Administrative Code Section 41 A.4, and shall use such data to evaluate and
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enforce Notices of Special Restriction pursuant to subsection 207(c)(4)(D) and the
requirements of Administrative Code Chapter 41 A.
(iii)
Department Report. As part of the annual Housing Inventory, t+he
Department shall publish a report annually until April 1, 2019, that describes and evaluates the
types of units being developed pursuant to this subsection 207{c){4),-and their affordability rates,
as well as their use as Short-Term Residential Rentals, and. The report shall contain such
additional information as the Director or the Board of Supervisors determines would inform
decision makers and the public on the effectiveness and implementation of this subsection
207(c)(4)L and shall include recommendations for any amendments to the requirements of this
Section 207 ( c )( 4 ). The Department shall transmit this report to the Board of Supervisors for its
revinF and public input. In subsequent years, this information on Accessory Dwelling Units shall be
reported annually in the Housing In,1entory.
* * * *
(6)
Accessory Dwelling Units - State Mandated Accessory Dwelling Unit Program:
Accessory Dwelling Units in Existing or Proposed Single Family HomesDwellings or in a
Detached Auxiliary Structure on the Same Lot.
(A)
Applicability. This subsection 207(c)(6) shall apply to the construction of
Accessory D,velling UnitsADUs and Junior Accessory Dwelling Units {"JADUs ") ( as defined in
Section 102) in existing or proposed single family homesdwellings, or in a detached a'UXiliary
structure on the same lot if the ADU meets the applicable requirements of this
subsection207{c){6). An ADU constructed pursuant to this subsection is considered a
residential use that is consistent with the General Plan and the zoning designation for the lot.
Adding onean ADU or JADU in compliance with this subsection 207(c)(6) to an existing or proposed
single family home or in a detached a'UXiliary structure on the same lot does not exceed the
allowable density for the lot. Unless otherwise specified, for purposes o(this subsection 207(c){6), a
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"detached" structure or ADU shall not share structural walls with either the primary structure or any
other structure on the lot. If construction of the ADU will not meet the requirements of this
subsection and the ADU rnnnot be constructed without a waiver of Code requirements pursuant to
subsection (c)(4)(G), the ADU is regulated pursuant to subsection 207(c)(4) and not this
subsection 207(c)(6).
(B)
Lots Zoned fer Single Family or Alult-ifamily Use and Centaining an Existing
er Prepesed Single ... llamily Heme; General Controls on Construction. An Accessory Dwelling
Unit_lornted on a lot that is zoned for single family or multifamily use and contains an existing or
proposed single family dlvclling andADU constructed pursuant to this subsection (c)(6) shall
meet all of the following:
(i)
The ADU ',Vil! strictly meet the requirements set forth in this subsection
(c)(6)(B) without requiring a wai,•cr of Code requirements pursuant to subsection (c)(4)(G).
(ii)
to subsection (c)(4)(F).
(iii)
The pcnnit applirntion docs not include seismic upgrade ·work pursuant
Only one ADU will be constructed that is either attached to or will be
constructed entirely within the "living area" (as dqfincd in subsection (c)(6)(B)(iii)) or ,vithin the
buildablc area of the proposed or existing primary thvclling or, except as provided by subsections
(B)(x) and (xi) below, within the built envelope ~fan existing and authorized auxiliary structure on the
same lot. "Lh•ing area" means (as defined in Section 65852.2(i)(l) of the California Government
Code) "the interior habitable area &fa dwelling unit including basements and attics, but docs not
include a garage or any accessory structure. "
(iv}
The ADU must have independent exterior access from the existing
or proposed primary dwelling or existing accessory structure, and side and rear setbacks
sufficient for fire safety.
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(jjy)
For projects involving a property listed in the California Register of
Historic Places, or a property designated individually or as part of a historic or conservation
district pursuant to Article 10 or Article 11 , the ADU or JADU shall comply with any
architectural review standards adopted by the Historic Preservation Commission to prevent
adverse impacts to such historic resources. Such projects shall not be required to obtain a
Certificate of Appropriateness or a Permit to Alter.
(vi)
The Department shall apply any design guidelines in the Code to the
proposed-project and re'v•ieiv the design o.ftlwproposedproject to ensure architectuml compatibility
,vith existing buildings on tlw subject lot.
(vii)
No setback is required.fer an existing garoge that is converted to an
(viii)
All applicable requirements of San Francisco's health and safety
codes shall apply, including but not limited to the Building and Fire Codes.
(ivix)
No parking is required for the ADU. Ifexistingparking is demolished
in onier to construct the ADU, only the parking space required by this Code for the existing single
family home must be repfoced, except that no repfocementparking is required for An ADU approved
pursuant to subsection 207(c)(6)(D). Jfrepfocementparking is required, it may be lornted in any
con-figurotion on the lot including but not limited to covered, uncm·ered, or t€lndem space or by the use
afmeclwnical automobile parking lifts.
(x)
Wflen a st€lnd alone garoge, storoge, or other auxiliary structure is being
converted to an ADU, an expansion to the envelope is allo,}·ed to add dormers even if the st€lnd alone
garage, storoge structure, or other auxiliary structure is in the required required N!€lr yard.
(xi)
On a corner lot, a legal st€lnd alone noncon-fonning garoge, storoge
structure, or other mtxiliary structure may be expanded within its existing footprint by up to one
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additional story' in order to create a consistent street ',mil and impro',)e the continuity o.fbuild-ings on
the block.
(xii)
WJien the ADU im,·olves expansion of the built em,·elope ofan existing
primary dwelling, or an expansion o.f the built envelope ofan existing and authorized stand alone
garage, storage structure, or other auxiliary structure on the same lot, or the construction ofa new
detached auxiliary structure on the same lot, the totalfloor area of the ADU shall not exceed 1,200
square feet.
(C)
Permit Application Review and Approval. The Department shall appruve an
application for a permit to construct an Accessory Dwelling Unit ·within 120 days from receipt of the
complete application, without modification or disappro..,,'fll, if the proposed construction fully complies
with the r~quirements set forth in subsection (c) (6) (B). l'lo requests for discretionary review shall be
accepted by the Planning Departmentforpermit applications meeting the requirements ofthis
subsection (c) (6). The P tanning Commission shall not hold a public hearing for discr~tionary reviev,· of
permit applications meeting the r~quirements ofthis subsection (c)(6). Permit applications meeting the
requirements of this subsection (c) (6) shall not be subject to tlw notification or re..,,·iew requirements of
Section 311 of this Code.
(D)
Appeal. The procedures .for appeal to the Board of Appeals of a decision by the
Department under this subsection (c) (6) shall be as set forth in Section 8 of the Business and Tax
Regulations Code.
(E)
:Pr~hibition ~fShor4 Term Rentals. An Accessory Dwelling Unit_authorized
under #1is subsection (c)(6) shall not be used for Short Term Residential Rentals under Chapter 41A of
the Administrative Code. This restriction shall be recorded as a ,Votice of Special Restriction on the
subject lot.
(F)
Rental; Restrictions on Subdivisions.
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(i)
An ADU constrbtctedpbtrsbi:ttnt to this sbtbsection (c)(6) may be rented and
is sbtbject to €lll applirnbk pro.dsions o_f the Residenti€ll Rent Sttzbiliz€ltion €lnd Arbitration Ordin€lnce
(Chapter 37 of the Adrninistrn:tive Code).
(ii)
l•lotwithst€lnding the prm,•isions ofArticle 9 of the Sbtbdivision Code, €l lot
with, €ln Accessory D,velling Unit €lbtthorized btnder this subsection (c)(6) sh€lll not be Sbtbdi1e•ided in €l
nwnner th€lt ,vobtld €lllo,v for the ADU to be sold or sep€lratelyfin€llicedpbt1"Sbt€lnt to €lny condominibtm
p!€ln, hobtsing cooperative, or simi!€lr form ofsep€lrate ownership.
(G)
Deparwient Report. In the report reqbtired by tmbsection (c)(4)(I)(iii), the
Dep€lrtment sh€lll inclbtde €l description €lnd evalbt€ltion o_f the nbtmber €lnd types of units being
de·,,ielopedpbtrSbt€lnt to this Sbtbsection (c)(6), their afford€lbilit)• r-tltes, €lnd sbtch at.her inform€ltion €ls #w
Director or the Bo€lrd of&tpendsors determines ·wobtld inform decision m€lkers and t.lze pbtblic.
(H)
Notification. Upon determin€ltion th€lt €ln applirntion is in compli€lnce wW1 t.lze
st€lnd€lrds ofsbtbsection 207(c)(6) of the P!€lnning Code, the P!€lnning Dep€lrtment sh€lll C€lbtse €l notice
to be posted on the site pbtrsbtant to rules est€lblished by the Zoning Administrator and shall C€lbtse €l
written notice describing theproposedpro_ject to be sent in the m€lnner described below. This notice
sh€lll be in €lddition to €lny notices reqbtired by #w Bbtilding Code €lnd sh€lll hw,;e a form€lt €lnd content
determined by t,lic Zoning Administrator. This notice s.Zwll inclbtde €l description of the propos€ll
comp€lred to €ln)' existing improvements on #w site with dimensions of the b€lsic featbtres, ek"Vations
€lndsitep!€ln oftheproposedpro_ject inclbtding theposition of€lny €ldj€lcent bbtildings, exterior
dimensions €lndfinishes, €lnd €l graphic reference scak, existing €lndproposed btses or commercial or
institutional bbtsiness nmne, if known. The notice sh€lll describe the project re.dew process €lnd sh€lll set
forth t.lze m€liling date afthe notice.
(i)
Written notice shall be m€liled to the project sponsor €lnd tenants of the
tmbjectpropert)·. Written notice sh€lll €llso be m€liled to tenants of the sbtbjectproperty in btn€lbtthorized
residenti€ll btnits.
Mayor Breed
BOARD OF SUPERVISORS
Page 1
(ii)
The not~firntion fH:WkBge for t1, project subject to notice under this
subsection 207(c)(6) sh8ll include t1, written notice t1,nd reduced sire dm.~·ings of the project. The
written notice sh8ll comp8re theproposedproject to tlw existing conditions 8t the development lot.
Cht1,nge to b8sic fe8tures of the project t/1€J;t 8re qut1,ntifit1,ble sh8ll be disclosed on the written notice.
The b8sic .fet1,tures 0:fexisting mid proposed conditions sht1,l/ include, vi1here epplirnbl-e, front setb8ck,
building depth, re8r J,'€1,r~, depth side, setb8c,zs, building height, number o.fstories, dv,'C!ling unit count
8nd use of the building.
(iii)
The written notice sh8ll describe whether the project is t1, demolition, ne1,v
construction or 8ltemtion project. If the project is t1,n t1,[ter-€1:tion, the type o.f8ltemtion sh8ll be
described: horizonffil, vertirnl, or both horizon{tl,[ 8nd vertirnl 8dditions, 8nd ',vhere the 8lterotion is
lornted.
(i,;)
A ',vritten project description sht1,ll be p8rt of the notice. In 8ddition, the
notice sh8ll describe the project revie.1,1 process, in-fonn8tion on hm,· to obffiin 8dditionBl inform8tion,
8nd the conffict in-fonn8tion of the Pmnning Dep8rtment.
(v)
The building permit epplirntion number(s) sh8ll be disclosed in the
written notice.
(vi)
1 lxl 7 sized or equh,1t1,lent drowings to sct1,[e sht1,l/ be included with the
,vritten notice. The drowings sh8ll illustmte the existing 8ndproposed conditions in remtionship to the
t1,djt1,centproperties. All dimensions 8nd text throughout the drowings sh8ll be legible. The dr8wings
sh8ll include t1, site pmn, floor pmns, t1,nd e/evt1,tions documenting dimensiont1,[ c/1€J;nges th8t correspond
to the b8sic fe8tures included in the written notice. The existing 8ndproposed site pmn slwll illustr8te
the project including tlie full lots 8nd structU:res of the directly t1,djt1,cent properties. The existing 8nd
proposedfloorpmns s.Zwll illustmte the lorntion 8nd removt1,l 0:finterior 8nd exterior 1,imlls. The use of
e8ch room sh8ll be mbeled. Signifirnnt dimensions sh8ll beprovided to document tlw cht1,ngeproposed
by the project. The existing t1,ndproposed el-ev8tions sh8ll document the cht1,nge in building ,•olume:
Mayor Breed
BOARD OF SUPERVISORS
Page 20
heiglu trnd depth. Dimensional changes shall be documented, including overall building height and
also parapets, penthouses, and other proposed '.>'ertical and horiwntal building extensions. Thefront
and rear elevations shall include the full profiles of the adjacent structures including the adjacent
structures' doors, ~windows, and general massing. Each side elevation shall include the full profile o.f
the adjacent building in the foreground of the project, and the adjacent windo,t>'S, lightwells and
general massing shall be illustr~ted.
(vii)
Language Access. All forms o.fpublic notice provided pursuant to this
subsection 207(c)(6)(H) shall comply with the requirements of the Language Access Ordinance,
Chapter 91 o,fthe Administrative Code, to provide '.>'ital information about the Planning Department's
services or programs in the languages spoken by a Substantial Number of Limited English Spealdng
Persons, as defined in Chapter 91. The notices required by this subsection 207(c)(6)(H) shall contain
the information set forth in subsection 207(c)(6)(h)(ii) (v) in the languages spoken by a Substantial
l'iumber ofLimited English Speaking Persons, as defined in Administrative Code Chapter 91.
(viii)
Online Netiee. For 30 calendar da)'S, on a publicly accessible ,vebsite
that is maintained by the Planning Department, the Planning Department shall provide a digital copy
formatted to print on 11 x 17 inch paper o,f the posted notice, including the contents set forth in
subsection 207(c)(6)(h)(ii) (v) for the application; and digital copies ofany architectural and/or site
plans that are scaled and formatted to print on 11 x 17 inch paper, are consistent with Plan Submittal
Guidelines maintained andpublished by the Planning Department, and that describe and compare, at a
minimum, the existing andproposed conditions at the subject property, the existing andproposed
conditions in relationship to adjacent properties, and that may include a site plan, floor plans, and
elevations documenting dimensional changes required to describe the proposal
(C)
Specific Controls for Ministerial AD Us. The purpose of this subsection
207(c)(6)(C) is to implement California Government Code Sections 65852.2(e) and 65852.22. which
requires ministerial consideration of AD Us and JADUs that meet certain standards ("Ministerial
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BOARD OF SUPERVISORS
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ADUs "). ADUs and JADUs shall strictly meet the requirements set forth in this subsection (c)(6)(C)
without requiring a waiver of Code requirements pursuant to subsection (c)(4)(G). The City shall
approve AD Us and JADUs meeting the following requirements, in addition to the requirements of
subsection 207(c)(6)(B) and any other applicable standards:
(i)
ADUs and JADUs within proposed space ofa proposed single-family
dwelling or within existing space ofa single-family dwelling or accessory structure meeting the
following conditions:
a.
The lot on which the ADU or JADU is proposed contains an
existing or proposed single-family dwelling.
b.
Only one ADU and one JADU is permitted per lot.
C.
Each proposed ADU and JADU includes an entrance that is
separate from the entrance to the existing or proposed dwelling.
d.
Side and rear setbacks will be sufficient for fire safety.
e.
!fan ADU is proposed, it will be within the existing space of a
single-family dwelling or accessory structure, or within the space ofa proposed single-family dwelling,
or it will require an addition ofno more than 150 square feet to an existing accessory structure to
accommodate ingress and egress.
f
If a JADU is proposed, it meets the requirements of California
Government Code Section 65852.22.
(ii)
Detached, new construction ADUs on lot containing a proposed or
existing single-family dwelling meeting the following conditions:
a.
The lot on which the detached ADU is proposed contains an
existing or proposed single-family dwelling.
b.
The lot on which the ADU is proposed does not contain another
ADU, but may contain a JADU
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BOARD OF SUPERVISORS
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C.
The proposed ADU is detached from the single-family dwelling
and any other structure.
d.
The proposed ADU is new construction.
e.
The proposed ADU is located at least four feet from the side and
rear lot lines, is no greater than 800 square feet in Gross Floor Area, and has a height no greater than
sixteen feet.
(iii)
AD Us within existing space of a multifamily dwelling meeting the
following conditions:
a.
The lot on which the ADU is proposed contains an existing
multifamily dwelling.
b.
The ADU is proposed within a portion of the multifamily dwelling
structure that is not used as livable space, including but not limited to storage rooms, boiler rooms,
passageways, attics, basements, or garages.
C.
The total number of AD Us within the dwelling structure would not
exceed twenty-five percent of the existing number ofprimary dwelling units within the structure,
provided that all multifamily dwelling structures shall be permitted to have at least one ADU pursuant
to this subsection 207{c)(6)(C)(iii) i{all other applicable standards are met.
(iv)
Detached, new construction ADUs on lot containing multifamily
dwelling meeting the following conditions:
a.
The lot on which the ADU is proposed contains an existing
multifamily dwelling.
b.
The proposed ADU is detached from the multifamily dwelling.
C.
The proposed ADU is located at least four feet from the side and
rear lot lines and has a height no greater than sixteen feet.
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BOARD OF SUPERVISORS
Page 2
d.
No more than two AD Us shall be permitted per lot pursuant to
this subsection 207(c)(6)(C)(iv).
(D)
Specific Controls for Streamlined AD Us. The purpose of this subsection
207(c)(6)(D) is implement California Government Code Sections 65852.2(a) through (d), which
requires streamlined, ministerial approval ofADUs meeting certain standards ("Streamlined ADUs").
An ADU located on a lot that is zoned for single-family or multifamily use and contains an existing or
proposed dwelling, and that is constructed pursuant to this subsection 207(c)(6)(D), shall meet all of
the following requirements, in addition to the requirements of subsection 207(c)(6)(B) and any other
applicable standards. Provided, however, that the City shall not impose limits on lot coverage, floor
area ratio, open space, and minimum lot size, for either attached or detached dwellings, that does not
permit construction ofan ADU meeting all other requirements that is 800 square feet or less in Gross
Floor Area, 16 feet or less in height, and with four foot side and rear yard setbacks. ADUs under this
subsection 207(c)(6)(D) shall meet the following conditions:
(i)
Only one ADU will be constructed.
(ii)
The ADU will be located on a lot that is zoned for single-family or
multifamily use and contains an existing or proposed dwelling.
(iii)
The lot on which the ADU is proposed does not contain another ADU or
JADU
(iv)
The ADU is either a. attached to or will be constructed entirely within the
proposed or existing primary dwelling, including attached garages, storage areas, or similar uses, or
an accessory structure on the same lot, or b. attached to or will be constructed entirely within a
proposed or legally existing detached structure on the same lot, or c. detached from the proposed or
existing primary dwelling and located on the same lot as the proposed or existing primary dwelling.
(v)
If there is an existing primary dwelling, the Gross Floor Area of an
attached ADU that provides one bedroom or less shall not exceed 50 percent of the Gross Floor Area
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BOARD OF SUPERVISORS
Page 24
of the existing primary dwelling or 850 square feet, whichever is greater. If there is an existing primary
dwelling. the Gross Floor Area of an attached ADU that provides more than one bedroom shall not
exceed 50 percent of the Gross Floor Area of the existingprimary dwelling or 1,000 square feet,
whichever is greater.
(vi)
The Gross Floor Area ofa detached ADU that provides one bedroom or
less shall not exceed 850 square feet. The Gross Floor Area ofa detached ADU that provides more
than one bedroom shall not exceed 1,000 square feet.
(vii)
Setbacks. No setback is required for an ADU located within an existing
living area or an existing accessory structure. or an ADU that replaces an existing structure and is
located in the same location and constructed to the same dimensions as the structure being replaced. A
setback ofno more than four feet from the side and rear lot lines shall be required for an ADU that is
not converted from either an existing structure or a new structure constructed in the same location and
to the same dimensions as an existing structure.
(viii)
When a garage. carport. or covered parking structure is demolished in
con;unction with the construction of an ADU or converted to an ADU. replacement of those of{street
parking spaces is not required.
(ix)
The ADU shall not exceed a height of 16 feet.
(E)
Notification requirements for AD Us on a lot containing a proposed or existing
single-family dwelling. Prior to submitting an application to construct an ADU or JADU on a lot
containing a proposed or existing single-family dwelling under subsection 207(c)(6)(D). the property
owner shall noti[y all tenants on the sub;ect property of the application. including tenants of the sub;ect
property in unauthorized residential units. The property owner shall satisfy this notification
requirement in one of the following two ways.
(i)
Comply with the requirements of the Building Code and applicable
ection screenin
orms and submit a co
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BOARD OF SUPERVISORS
Page 2
Building Inspection Screening forms to the Planning Department as part of the application to construct
an ADU or JADU; or
(ii)
Cause a notice describing the proposed proiect to be posted on the
subiect property for at least 15 days, cause a written notice describing the proposed proiect to be
mailed to the tenants of the subiect property, and submit proof of these notices to the Planning
Department as part of the application to construct an ADU or JADU. These notices shall have a
format and content determined by the Zoning Administrator, and shall generally describe the proiect,
including the number and location of the proposed ADU and JADU. These notices shall describe how
to obtain additional information regarding the proiect and provide contact information for the
Planning Department that complies with the requirements of the Language Access Ordinance, Chapter
91 of the Administrative Code, to provide vital information about the Planning Department's services
or programs in the languages spoken by a Substantial Number of Limited English Speaking Persons, as
defined in Chapter 91.
(F)
Permit Application Review and Approval. The City shall act on an application
.for a permit to construct an ADU or JADU under this subsection 207(c)(6) within 60 days from receipt
oft he complete application, without modification or disapproval, if the proposed construction fully
complies with the requirements set forth in this subsection 207(c)(6). No requests for discretionary
review shall be accepted by the Planning Department for permit applications meeting the requirements
of this subsection 207(c)(6). The Planning Commission shall not hold a public hearing for
discretionary review ofpermit applications meeting the requirements of this subsection 207(c)(6).
Permit applications meeting the requirements of this subsection 207(c)(6) shall not be subiect to the
notification or review requirements of Section 311 of this Code.
(G)
Appeal. The procedures for appeal to the Board of Appeals of a decision by the
Department under this subsection 207(c)(6) shall be as set forth in Section 8 of the Business and Tax
Regulations Code.
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BOARD OF SUPERVISORS
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(H)
Prohibition o{Short-Term Rentals. An ADU or JADU authorized under this
subsection 207(c)(6) shall not be used for Short-Term Residential Rentals under Chapter 41A of the
Administrative Code. This restriction shall be recorded as a Notice of Special Restriction on the subiect
(I)
Rental; Restrictions on Subdivisions. The following restrictions shall be
recorded as a Notice of Special Restriction on the subiect lot on which an ADU or JADU is constructed
under this subsection 207(c)(6) and shall be binding on all future owners and successors in interest:
(i)
An ADU or JADU constructed pursuant to this subsection 207(c)(6) may
be rented and is subiect to all applicable provisions of the Residential Rent Stabilization and
Arbitration Ordinance (Chapter 37 of the Administrative Code).
(ii)
Notwithstanding the provisions of Article 9 of the Subdivision Code, a lot
with an ADU or JADU authorized under this subsection 207(c)(6) shall not be subdivided in a manner
that would allow for the ADU or JADU to be sold or separately financed pursuant to any condominium
plan, housing cooperative, or similar form of separate ownership, except that this prohibition on
separate sale or finance ofthe ADU shall not apply to an ADU that meets the requirements of
California Government Code Section 65852.26.
(iii)
The size and attributes of a JADU constructed pursuant to this subsection
207(c)(6) shall comply with the requirements of this subsection 207(c)(6) and Government Code
65852.22.
(J)
Department Report. In addition to the information required by subsection
207(c)(4)(I)(iii), the annual Housing Inventory shall include a description and evaluation of the
number and types of units being developed pursuant to this subsection (c)(6), their affprdability rates,
and such other information as the Director or the Board of Supervisors determines would inform
decision makers and the public.
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BOARD OF SUPERVISORS
Page 27
(K)
Fees. No impact fees shall be imposed on AD Us or JADUs authorized under this
subsection 207(c)(6), where the ADU or JADU is smaller than seven hundred and fifty square feet of
Gross Floor Area, or for AD Us that are proposed in lots with three existing units or fewer. Impact fees
for all other AD Us shall be imposed proportionately in relation to the Gross Floor Area of the primary
dwelling unit.
* * * *
