AMENDED IN BOARD
FILE NO. 181156
6/11/2019
ORDINANCE NO.
116-19
[Planning, Business and Tax Regulations Codes - Accessory Dwelling Units in New
Construction]
Ordinance amending the Planning Code and Business and Tax Regulations Code to
authorize the addition of an Accessory Dwelling Unit in the construction of a new
single-family home or multi-family building; clarifying the ministerial approval process
and creating an expedited Board of Appeals process for certain Accessory Dwelling
Units in single-family homes meeting specific requirements; 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.
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 }lc,v Roman font.
Board amendment additions are in double-underlined Arial font.
Board amendment deletions are in strikethrough /\rial font.
Asterisks (* * * *) indicate the omission of unchanged Code
subsections or parts of tables.
Be it ordained by the People of the City and County of San Francisco:
Section 1. 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. 181156 and is incorporated herein by reference. The Board affirms
this determination.
Supervisor Safai
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(b)
On March 7, 2019, the Planning Commission, in Resolution No. 20403, 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. 181156, and is incorporated herein by reference.
(c)
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. 20403.
Section 2. Article 1 of the Business and Tax Regulations Code is hereby amended by
revising Sections 8 and 26, to read as follows:
SEC. 8. METHOD OF APPEAL TO THE BOARD OF APPEALS.
(a) Except for variance decisions and permits issued by the Entertainment
Commission or its Director, and as otherwise specified in this Section 8, appeals to the Board
of Appeals shall be taken within 15 days from the making or entry of the order or decision
from which the appeal is taken. Appeals of variance decisions shall be taken within 10 days.
(b) Appeals to the Board of Appeals of permit decisions made pursuant to Planning
Code Section 343 shall be taken within 10 days of the permit decision. This subsection (b)
shall expire on the Sunset Date of Planning Code Section 343, as defined in that Section.
Upon the expiration of this subsection, the City Attorney shall cause this subsection to be
removed from the Business and Tax Regulations Code.
{c) Appeals to the Board o(Appeals ofpermit decisions made pursuant to Planning Code
Section 207. subsection(c)(6). shall be taken within IO days of the permit decision.
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(ed.) Appeals of actions taken by the Entertainment Commission or its Director on the
granting, denial, amendment, suspension, or revocation of a permit, or on denial of exceptions
from regulations for an Extended-Hours Premises Permit, shall be taken within 10 days from
the making of the decision. Nothing in this Section 8 is intended to require an appeal to the
Board of Appeals if any provision of Article 15, Article 15.1 (Entertainment Regulations Permit
and License Provisions), or Article 15.2 (Entertainment Regulations for Extended-Hours
Premises) of the Police Code governing these permits otherwise provides.
(df.) 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:
* * * *
(8) An exemption from paying the full fee specified in subsections (df.)(1)
through (7) herein may be granted upon the filing under penalty of perjury of a declaration of
indigency on the form provided and approved by the Board. All agencies of the City and
County of San Francisco are exempted from these fees.
(9) Additional Requirements.
(A) Notice of appeal shall be in such form as may be provided by the
rules of the Board of Appeals.
(8) On the filing of any appeal, the Board of Appeals shall notify in writing
the department, board, commission, officerL or other person from whose action the appeal is
taken of such appeal. On the filing of any appeal concerning a structural addition to an
existing building, the Board of Appeals shall additionally notify in writing the property owners
of buildings immediately adjacent to the subject building.
(C) Except as otherwise specified in this subsection (df.)(9)(C), the Board
of Appeals shall fix the time and place of hearing, which shall be not less than 10 nor more
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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.
(i) In the case of a permit issued by the Entertainment
Commission or its Director, the Board of Appeals shall set the hearing not less than 15 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.
(ii) In the case of a decision on a permit application made
pursuant to Planning Code Section 343, 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. This subsection (d£'.)(9)(C)(ii) shall expire
on the Sunset Date of Planning Code Section 343, as defined in that Section. Upon the
expiration of this subsection, the City Attorney shall cause this subsection to be removed from
the Business and Tax Regulations Code.
(iii) In the case of a decision on a permit application made pursuant to
Planning Code Section 207, subsection (c)(6), the Board o(Appeals shall set the hearing not less than
IO days after the filing ofsaid 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.
(a) Subject to subsection (b), in the granting or denying of any permit, or the revoking
or the refusing to revoke any permit, the granting or revoking power may take into
consideration the effect of the proposed business or calling upon surrounding property and
upon its residents, and inhabitants thereof; and in granting or denying said permit, or revoking
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or refusing to revoke a permit, may exercise its sound discretion as to whether said permit
should be granted, transferred, denied, or revoked.
* * * *
(e) Notwithstanding subsection (a), the provisions of Planning Code Section 343 shall
govern actions taken on the granting, denial, amendment, suspension, and revocation of
permits regulated under that Section 343, not the standards set forth in subsection (a) of this
Section 26. This subsection (e) shall become operative upon receipt of preliminary approval of
Planning Code Section 343 by the California Department of Housing and Community
Development under California Government Code Section 66202. This subsection shall expire
by the operation of law in accordance with the provisions of Planning Code Section 343(k).
Upon its expiration, the City Attorney shall cause this subsection to be removed from the
Business and Tax Regulations Code.
(I) Notwithstanding subsection (a), the provisions of Planning Code Section 207, subsection
(c)(6), shall govern actions taken on the granting, denial, amendment, suspension, and revocation of
permits regulated under that subsection (c)(6), not the standards set forth in subsection (a) of this
Section 26.
Section 3. The Planning Code is hereby amended by revising Sections 102, 207,
209.1. 209.2. 307. aRG 311. and 711, to read as follows:
SEC. 102. DEFINITIONS.
* * * *
Dwelling Unit, Accessory. Also known as a Secondary Unit or In-Law Unit, is a Dwelling Unit
that is constructed either entirely within the existing built envelope, the "living area" as defined
in State law, or the buildable area of an existing or proposed building in areas that allow
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residential use; or is constructed within the existing built envelope of an existing and
authorized auxiliary structure on the same lot.
* * * *
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)
Local Accessory Dwelling Unit Program: Accessory Dwelling Units in
Multifamily Buildings; Accessory Dwelling Units in Single-Family Homes That Do Not
Strictly Meet the Requirements in S§:ubsection (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 Units on all lots located within the City and County of San Francisco in
areas that allow residential use, except that construction of an Accessory Dwelling Unit is
regulated by subsection (c)(6), and not this subsection (c)(4 ), if all of the following
circumstances exist:
(i)
(ii)
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 single-family dwelling;
(iii)
the ADU is either attached to or will be constructed entirely
within the "living area" (as defined in subsection (c)(6)(B)(iii)) or the buildable area of an the
proposed or existing primary dwelling single family home, or constructed within the built envelope
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of an existing and authorized auxiliary structure on the same lot; provided, however, that (A)
when a stand-alone garage, storage structure, or other auxiliary structure is being converted
to an ADU, an expansion to the envelope is allowed to add dormers even if the stand-alone
garage, storage structure, or other auxiliary structure is in the required rear yard and (B) on a
corner lot, a legal stand-alone 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.
(iv)
the ADU will strictly meet the requirements set forth in
subsection (c)(6) without requiring a waiver of Code requirements pursuant to subsection
(c)(4 )(G); and
(v)
the permit application does not include seismic upgrade
work pursuant to subsection ( c )( 4 )(F).
(C)
Controls on Construction. An Accessory Dwelling Unit 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 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 ( 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; provided, however, that the
Department shall not approve an application for construction of an ADU Accessory2 Dwelling
Unit in an)' building regulated b)' this sitbsection (c)(4) where a tenant on the lot has 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 ADU or where a tenant has been evicted pursuant to Administrative Code
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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 provision 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 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.
(ii)
Except as provided in subsections (iii) and (iv) below, an
Accessory Dwelling Unit shall be constructed entirely within the buildable area of an existing
lot, provided that the ADU does not exceed the existing height of the an existing building, or
within the built envelope of an existing and authorized stand-alone garage, storage structure,
or other auxiliary structure on the same lot, as the built envelope existed three years prior to
the time the application was filed for a building permit to construct the ADU. For purposes of
this provision, the "built envelope" shall include the open area under a 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 (ii), along with permitted obstructions allowed in Section 136(c)(32), of an existing
building or authorized auxiliary structure on the same lot, or where an existing stand-alone
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
auxiliary structure on the same lot is in an Article 10 or Article 11 District in which case the
notification requirements will apply. If an ADU will be constructed under a cantilevered room
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or deck that encroaches into the required rear yard, a pre-application meeting between the
applicant and adjacent neighbors for all the proposed work is required before the application
may be submitted.
(iii)
When a stand-alone 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-alone garage, storage structure, or other auxiliary structure is in the required rear
yard.
(iv)
On a corner lot, a legal stand-alone 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.
(v)
An Accessory Dwelling Unit 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 gross square footage
of such space. The Zoning Administrator may waive this 25% limitation if (a) the resulting
space would not be usable or would be impractical to use for other reasonable uses included
but not limited to storage or bicycle parking or (b) waiving the limitation would help relieve any
negative layout issues for the proposed ADU.
(vi)
All. existing building undergoing seismic retrofitting may be eligible
for a height increase pursuant to subsection (c)(4)(F) below.
(vii)
Notwithstanding any other provision of this Code, an Accessory
Dwelling Unit authorized under this Section 207(c)(4) may not be merged with an original
unit(s).
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(viii)
An Accessory Dwelling Unit 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.
(D)
Prohibition of Short-Term Rentals. An Accessory Dwelling Unit 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 Dwelling Unit 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 this prohibition on separate sale or finance of
the ADU shall not apply to a building that (i) within three years prior to July 11, 2016 was an
existing condominium with no Rental Unit as defined in Section 37.2(r) of the Administrative
Code, and (ii) 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 to July 11, 2016.
(F)
Buildings Undergoing Seismic Retrofitting. For Accessory Dwelling
Units 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 Accessory Dwelling
Unit 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)
6lnd 312 of this Code; and
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&~hall be exempt from the notification requirements of Section& 311
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(ii)
mMay 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)
eOn 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)
pJ:ursuant 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.
(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 off street
parking, bicycle parking, rear yard, exposure, or open space standards of this Code. 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 Accessory Dwelling Unit(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.
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(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 off street parking, 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)
T-he 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 project, as defined in Section 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.
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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 Units 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
enforce Notices of Special Restriction pursuant to subsection 207(c)(4)(D) and the
requirements of Administrative Code Chapter 41 A.
(iii)
Department Report. The Department shall publish a report
annually until April 1, 2019, that describes and evaluates the types of units being developed
and their affordability rates, as well as their use as Short-Term Residential Rentals. The report
shall contain such additional information as the Director or the Board of Supervisors
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determines would inform decision makers and the public on the effectiveness and
implementation of this subsection (c)(4) and 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 review and public input. In subsequent years, this information on
Accessory Dwelling Units shall be reported annually in the Housing Inventory.
* * * *
(6)
State Mandated Accessory Dwelling Unit Program: Accessory Dwelling Units in
Existing or Proposed Single-Family Homes or in a Detached Auxiliary Structure on the Same
Lot.
(A)
Applicability. This subsection (c)(6) shall apply to the construction of
Accessory Dwelling Units (as defined in Section 102) in existing or proposed single-family
homes or in a detached auxiliary structure on the same lot if the ADU thet-mee1§'. the requirements
of this subsection. 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 one
ADU to an existing or proposed single-family home or in a detached auxiliary structure on the same
lot does not exceed the allowable density for the lot. If construction of the ADU will not meet
the requirements of this subsection and the ADU cannot be constructed without a waiver of
Code requirements pursuant to subsection (c)(4 )(G), the ADU is regulated pursuant to
subsection (c)(4) and not this subsection (c)(6).
(B)
Lots Zoned for Single-Family or Multifamily Use and Containing an
Existing or Proposed Single-Family Home; Controls on Construction. An Accessory
Dwelling Unit located bi a resiiiential 2Joning iiistrict on a lot that is zoned for single-family or
multifamily use and contains an existing or proposed single-family dwelling and constructed
pursuant to this subsection (c)(6) shall meet all of the following:
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(i)
The ADU will strictly meet the requirements set forth in this
subsection (c)(6)(B) without requiring a waiver of Code requirements pursuant to subsection
(c)(4)(G).
(ii)
The permit application does not include seismic upgrade work
pursuant to subsection (c)(4)(F).
(iii)
Only one ADU will be constructed that is either attached to or will be ,
constructed entirely within the "living area" (as defined in subsection (c)(6)(B)(iii)) or within the
buildable area of £tf/: the proposed or existing primary dwelling singlefa,mily home or, except as
provided by subsection§'. (GB)(x) and (xi) below, within the built envelope of an existing and
authorized auxiliary structure on the same lot. "Living area" means (as defined in Section
65852.2(i)(1) of the California Government Code) "the interior habitable area of a dwelling unit
including basements and attics, but does not include a garage or any accessory structure."
(iv)
If contained within the existing space ofa single family residence or
accessory structure, -tihe ADU must have independent exterior access from the existing or
proposed primary dwelling residence or existing accessory structure, and side and rear setbacks
sufficient for fire safety.
(v)
If construction of the ADU 1.vill have adverse impacts on 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 shall comply with any architectural review standards adopted by the
Historic Preservation Commission to prevent adverse impacts to such historic resources-Bf
any other known historioal resouroe, the Department shall require modifioation of the
proposed projeot to the extent neoessary to prevent or mitigate suoh impaots. Such projects
shall not be required to obtain a Certificate of Appropriateness or a Permit to Alter.
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(vi)
The Department shall apply any design guidelines in the Code to
the proposed project and review the design of the proposed project to ensure architectural
compatibility with existing buildings on the subject lot.
(vii)
No setback is required for an existing garage that is converted to
an ADU.
(viii)
All applicable requirements of San Francisco's health and safety
codes shall apply, including but not limited to the Building and Fire Codes.
(ix)
No parking is required for the ADU. If existing parking is
demolished in order to construct the ADU, only the parking space required by this Code for
the existing single-family home must be replaced. If replacement parking is required, it may be
located in any configuration on the lot including but not limited to covered, uncovered, or
tandem space or by the use of mechanical automobile parking lifts.
When a stand-alone 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-alone garage, storage structure, or other auxiliary structure is in the required rear
yard.
(xi)
On a corner lot, a legal stand-alone 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.
(xii)
When the ADU involves expansion of the built envelope of an
existing primary dwelling, or an expansion of the built envelope of an existing and authorized
stand-alone garage, storage structure. or other auxiliary structure on the same lot, or the
construction of a new detached auxiliary structure on the same lot, the total floor area of the
ADU shall not exceed 1,200 square feet.
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(C)
Permit Application Review and Approval. Except as authorized by
subsections (c)(6)(B)(v) and (vi), ([he Department shall approve an application for a permit to
construct an Accessory Dwelling Unit within 120 days from receipt of the complete application,
without modification or disapproval, if the proposed construction fully complies with the
requirements set forth in subsection (c)(6)(B). No requests for discretionary review shall be
accepted by the Planning Department for permit applications meeting the requirements of this
subsection (c)(6). The Planning Commission shall not hold a public hearing for discretionary review of
permit applications meeting the requirements of this subsection (c)(6). Permit applications meeting the
requirements of this subsection (c)(6) shall not be sub;ect to the notification or review requirements of
Section 311 ofthis Code.
(D)
Appeal. The procedures for appeal to the Board o(Appeals ofa decision by the
Department under this subsection (c)(6) shall be as set forth in Section 8 o(the Business and Tax
Regulations Code.
(GE)
Prohibition of Short-Term Rentals. An Accessory Dwelling Unit
authorized under this subsection (c)(6) shall not be used for Short-Term Residential Rentals
under Chapter 41 A of the Administrative Code. This restriction shall be recorded as a Notice
of Special Restriction on the subject lot.
(EE)
Rental; Restrictions on Subdivisions.
(i)
An ADU constructed pursuant to this subsection (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)
Notwithstanding the provisions of Article 9 of the Subdivision
Code, a lot with an Accessory Dwelling Unit authorized under this subsection (c)(6) shall not
be subdivided in a manner that would allow for the ADU to be sold or separately financed
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pursuant to any condominium plan, housing cooperative, or similar form of separate
ownership.
(FG)
Department Report. In the report required by subsection (c)(4)(1)(iii), the
Department 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.
(H)
Notification. Upon determination that an application is in compliance with
the standards of subsection 207(c)(6) of the Planning Code, the Planning Department shall
cause a notice to be posted on the site pursuant to rules established by the Zoning
Administrator and shall cause a written notice describing the proposed project to be sent in
the manner described below. This notice shall be in addition to any notices required by the
Building Code and shall have a format and content determined by the Zoning Administrator.
This notice shall include a description of the proposal compared to any existing improvements
on the site with dimensions of the basic features, elevations and site plan of the proposed
project including the position of any adjacent buildings, exterior dimensions and finishes, and
a graphic reference scale, existing and proposed uses or commercial or institutional business
name, if known. The notice shall describe the project review process and shall set forth the
mailing date of the notice.
(i)
Written notice shall be mailed to the project sponsor and tenants of
the subject property. Written notice shall also be mailed to tenants of the subject property in
unauthorized residential units.
(ii)
The notification package for a project subject to notice under this
subsection 207(c)(6) shall include a written notice and reduced-size drawings of the project.
The written notice shall compare the proposed project to the existing conditions at the
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development lot. Change to basic features of the project that are quantifiable shall be
disclosed on the written notice. The basic features of existing and proposed conditions shall
include. where applicable. front setback. building depth. rear yard. depth side. setbacks.
building height. number of stories. dwelling unit count and use of the building.
(iii)
The written notice shall describe whether the project is a
demolition. new construction or alteration project. If the project is an alteration. the type of
alteration shall be described: horizontal. vertical. or both horizontal and vertical additions. and
where the alteration is located.
(iv)
A written project description shall be part of the notice. In addition.
the notice shall describe the project review process. information on how to obtain additional
information. and the contact information of the Planning Department.
(v)
The building permit application number(s) shall be disclosed in the
written notice.
(vi)
11x17 sized or equivalent drawings to scale shall be included with
the written notice. The drawings shall illustrate the existing and proposed conditions in
relationship to the adjacent properties. All dimensions and text throughout the drawings shall
be legible. The drawings shall include a site plan. floor plans. and elevations documenting
dimensional changes that correspond to the basic features included in the written notice. The
existing and proposed site plan shall illustrate the project including the full lots and structures
of the directly adjacent properties. The existing and proposed floor plans shall illustrate the
location and removal of interior and exterior walls. The use of each room shall be labeled.
Significant dimensions shall be provided to document the change proposed by the project.
The existing and proposed elevations shall document the change in building volume: height
and depth. Dimensional changes shall be documented. including overall building height and
also parapets. penthouses. and other proposed vertical and horizontal building extensions.
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The front 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 of the adjacent building in the foreground of the project, and the
adjacent windows, lightwells and general massing shall be illustrated.
(vii)
Language Access. All forms of public notice provided pursuant to
this subsection 207(c)(6)(H) shall comply 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. 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 Number of Limited English
Speaking Persons, as defined in Administrative Code Chapter 91.
(viii)
Online Notice. For 30 calendar days, on a publicly accessible
website that is maintained by the Planning Department, the Planning Department shall
provide a digital copy formatted to print on 11 x 17 inch paper of the posted notice, including
the contents set forth in subsection 207(c)(6)(h)(ii)-(v) for the application: and digital copies of
any 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 and published by the
Planning Department. and that describe and compare, at a minimum, the existing and
proposed conditions at the subject property, the existing and proposed 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.
SEC. 209.1. RH (RESIDENTIAL, HOUSE) DISTRICTS.
* * * *
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Table 209.1
ZONING CONTROL TABLE FOR RH DISTRICTS
* * * *
* Not listed below.
* * * *
(6) Construction of Accessory Dwelling Units may be permitted pursuant to Sections
207(c)(4) and 207(c){§,e).
* * * *
SEC. 209.2. RM (RESIDENTIAL, MIXED) DISTRICTS.
* * * *
Table 209.2
ZONING CONTROL TABLE FOR RM DISTRICTS
* * * *
* Not listed below.
* * * *
(7) Construction of Accessory Dwelling Units may be permitted pursuant to Section~
207(c)(4) and 207(c)(6).
SEC. 307. OTHER POWERS AND DUTIES OF THE ZONING ADMINISTRATOR.
In addition to those specified in Sections 302 through 306 of this Code, the Zoning
Administrator shall have the following powers and duties in administration and enforcement of
this Code.
* * * *
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(I) Exceptions from Certain Specific Code Standards Through Administrative
Review for Accessory Dwelling Units Constructed Pursuant to Section 207(c}(4) of this
Code. The Zoning Administrator may allow complete or partial relief from the density limits
and from the off street parking, bicycle parking, rear yard, exposure, and/or open space
requirements of this Code when modification of the requirement would facilitate the
construction of an Accessory Dwelling Unit, as defined in Section 102 and meeting the
requirements of Section 207(c)(4) of this Code.
* * * *
SEC. 311. PERMIT REVIEW PROCEDURES
(a) Purpose. The purpose of this Section 311 is to establish procedures for reviewing
building permit applications to determine compatibility of the proposal with the neighborhood
and for providing notice to property owners and residents on the site and neighboring the site
of the proposed project and to interested neighborhood organizations, so that concerns about
a project may be identified and resolved during the review of the permit.
(b) Applicability. Except as indicated herein, all building permit applications in
Residential, NC, NCT, and Eastern Neighborhoods Districts for a change of use;
establishment of a Micro Wireless Telecommunications Services Facility; establishment of a
Formula Retail Use; demolition, new construction, or alteration of buildings; and the removal
of an authorized or unauthorized residential unit shall be subject to the notification and review
procedures required by this Section 311. In addition, all building permit applications that
would establish Cannabis Retail or Medical Cannabis Dispensary Uses, regardless of zoning
district, shall be subject to the review procedures required by this Section 311.
Notwithstanding the foregoing or any other requirement of this Section 311, a change of use
to a Child Care Facility, as defined in Section 102, shall not be subject to the review
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requirements of this Section 311. Notwithstanding the foregoing or any other requirement of this
Section 311, building permit applications to construct an Accessory Dwelling Unit pursuant to Section
207(c)(6) shall not be sub;ect to the notification or review requirements ofthis Section 311.
* * * *
SEC. 710. NC-1 - NEIGHBORHOOD COMMERCIAL CLUSTER DISTRICT.
* * * *
Table 710. NEIGHBORHOOD COMMERCIAL CLUSTER DISTRICT NC-1
ZONING CONTROL TABLE
NC-1
Zoning Category
§ References
Controls
* * * *
RESIDENTIAL STANDARDS AND USES
* * * *
Residential Uses
Controls by Story
1st
2nd
3rd+
Residential Uses
§ 102
p
p
p
P Qer Planning Code Sections 207(c)(4) and
207(c)(6) \Nithin the existing building envelope.
Accessory
~ Ag6J alleweEl in builElings ¥i1ith 4 eF teweF
§§102, 207(c)(4)~
Dwelling Unit
207(c)(6)
gwelling 6lnits. ~e liFAit in builElings with 5 OF
Density
FAOFe gwelling 6lnits. Ag6Js FAay net eliFAinate
OF FeEluce grnunEl steFy rntail er ceFAFAeFCial
space.
* * * *
* * * *
* * * *
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Section 4. Amendment of Specific Article 2 Zoning Control Tables. Zoning Control
Tables 209.3, 209.4, and 210.2 are hereby amended identically to the amendment of Zoning
Control Table 209.2 in Section 3 of this ordinance. Note 5 of Zoning Control Table 210.1 and
Note 3 of Zoning Control Table 210.4 are hereby amended identically to the amendment of
Note 7 in Zoning Control Table 209.2.
Section 5. Amendment of Specific Article 7 Zoning Control Tables. Zoning Control
Tables 711 through 726 and 728 through 764 are amended identically to the amendment of
Zoning Control Table 710 in Section 3 of this ordinance.
Section .g §,. 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
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Section 4 z. 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:
DENNIS J. HERRERA, City Attorney
By:
Supervisor Safai
BOARD OF SUPERVISORS
Page 25
City and County of San Francisco
Tails
Ordinance
City Hall
1 Dr. Carlton B. Goodlett Place
San Francisco, CA 94102-4689
File Number:
181156
Date Passed: June 18, 2019
Ordinance amending the Planning Code and Business and Tax Regulations Code to authorize the
addition of an Accessory Dwelling Unit in the construction of a new single-family home or
multi-family building; clarifying the ministerial approval process and creating an expedited Board of
Appeals process for certain Accessory Dwelling Units in single-family homes meeting specific
requirements; 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.
May 20, 2019 Land Use and Transportation Committee - AMENDED, AN AMENDMENT
OF THE WHOLE BEARING SAME TITLE
May 20, 2019 Land Use and Transportation Committee - DUPLICATED
May 20, 2019 Land Use and Transportation Committee - CONTINUED AS AMENDED
June 03, 2019 Land Use and Transportation Committee - AMENDED, AN AMENDMENT
OF THE WHOLE BEARING SAME TITLE
June 03, 2019 Land Use and Transportation Committee - AMENDED, AN AMENDMENT
OF THE WHOLE BEARING SAME TITLE
June 03, 2019 Land Use and Transportation Committee - RECOMMENDED AS
AMENDED
June 11, 2019 Board of Supervisors - AMENDED, AN AMENDMENT OF THE WHOLE
BEARING SAME TITLE
Ayes: 11 - Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani,
Walton and Yee
June 11, 2019 Board of Supervisors - PASSED ON FIRST READING AS AMENDED
Ayes: 11 - Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani,
Walton and Yee
June 18, 2019 Board of Supervisors - Fl NALLY PASSED
Ayes: 11 - Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani,
Walton and Yee
·
City and County of San Francisco
Pagel
Printed at 11:48 am 011 6/19/19
File No. 181156
London N. Breed
Mayor
City and County of San Francisco
Page2
I hereby certify that the foregoing
Ordinance was FINALLY PASSED on
6/18/2019 by the Board of Supervisors of
the City and County of San Francisco.
Angela Calvillo
Clerk of the Board
Date Approved
Printed at 11:48 am on 6/19/19
