AMENDED IN BOARD
FILE NO. 180268
7/17/2018
ORDINANCE NO. 195-18
[Planning, Building Codes - Accessory Dwelling Units]
Ordinance amending the Planning Code to 1) authorize expansion of an Accessory
Dwelling Unit (ADU) within the buildable area. 2) authorize the Zoning Administrator to
waive or modify bicycle parking requirements for an Accessory D•,.t,telling Unit (ADU}, 3}
al-low more than one unauthorized unit constructed 'Nithout a permit to be legalized, ~
4} exempt from the permit notification requirement ADUs constructed within the
defined existing built envelope, and 4) allow conversion of an existing stand-alone
garage,! GF storage structure, or other auxiliary structure to an ADU and expansion of
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the existing building envelope to add dormers, and 6) eliminate allow payment of an in
lieu fee for the an ADU's street tree requirement for an ADU, and 6) allow one ADU to
be added to a new residential building of three units or less as a component of the ne•.v
construction; amending the Building Code to provide for a preapplication plan revie•.v
for ADUs; 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; adopting findings of public
necessity, convenience, and welfare under Planning Code, Section 302; and directing
the Clerk to send a copy of this Ordinance to the California Department of Housing and
Community Development.
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 }'leH' 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:
Supervisors Tang; Kim, Brown
BOARD OF SUPERVISORS
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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. 180268 and is incorporated herein by reference. The Board affirms
this determination.
(b)
On June 21, 2018, the Planning Commission, in Resolution No.20213, adopted
findings that the actions contemplated in this ordinance are consistent, on balance, with the
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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. 180268, 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. 20213.
(d)
Pursuant to Charter Section 03.750 5, the Building Inspection Commission
considered this ordinance at a duly noticed public hearing held on _____ , 2018.
Section 2. The Planning Code is hereby amended by revising Sections 102, 136,
138.1, 140, 155.1, 207, 207.3, 307, and 317, 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 building in areas that allow
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residential use,:_ or is constructed within the existing built envelope or buildable en..,,·elope of an
existing and authorized auxiliary structure on the same lot.
* * * *
SEC. 136. OBSTRUCTIONS OVER STREETS AND ALLEYS AND IN REQUIRED
SETBACKS, YARDS, AND USABLE OPEN SPACE.
Streets
and
Alleys
Set-
Usable
backs Yards Open
Space
~
* * * *
(c)
The permitted obstructions shall be as follows:
* * * *
(32) Infill under decks and cantilevered rooms when
adding an Accessory Dwelling Unit; provided. however. that
such infill shall comply with Section 207(c)(4) or Section
207(c)(6) of this Code, whichever is applicable; and provided
further that if the ADU is proposed for a single-family home,
the rear yard must be 25% of the lot depth but in no case
less than 15 feet.
* * * *
SEC. 138.1. STREETSCAPE AND PEDESTRIAN IMPROVEMENTS.
* * * *
(c)
Required streetscape and pedestrian improvements. Development projects
shall include streetscape and pedestrian improvements on all publicly accessible rights-of-way
directly fronting the property as follows:
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(1)
Street trees. Project Sponsors shall plant and maintain street trees as
set forth in Article 16, Sections 805(a) and (d) and 806(d) of the Public Works Code; provided,
hmvever, that vvhere a property ovvner is either (/\) adding an /\ccessory Dwelling Unit
pursuant to Section 207(c)(4) or 207 (c)(6) of this Code or (B) legalizing a 0\Nelling Unit
pursuant to Section 207.3 of this Code, the ovmer may elect to pay the in lieu fee authorized
by Section 807(f) of the Public 'Narks Code a street tree or trees shall not be required for an
* * * *
SEC. 140. ALL DWELLING UNITS IN ALL USE DISTRICTS TO FACE ON AN OPEN
AREA.
* * * *
(c)
Exceptions.
m
For historic buildings identified in Section 307(h), and for the conversion
of a nonconforming use in an existing building to a Residential Use in a district where the
Residential Use is principally permitted, the requirements of this Section 140 may be modified
or waived pursuant to the procedures and criteria set forth in Sections 307(h) and 329. This
administrative exception does not apply to new additions to historic buildings.
(2)
For Accessory Dwelling Units, the requirements ofthis Section 140 may be
modified or waived pursuant to the procedures and criteria set forth in Sections 3 07 a> and
207(c){4){G).
155.1. BICYCLE PARKING: DEFINITIONS AND STANDARDS.
* * * *
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(b)
Standards for Location of Bicycle Parking Spaces. These standards apply to
all bicycle parking subject to Section 155.2, as well as bicycle parking for City-owned and
leased buildings, parking garages and parking lots subject to Section 155.3. Bicycle racks
shall be located in highly visible areas as described in subsections below in order to maximize
convenience and minimize theft and vandalism. For Accessory Dwelling Units, the requirements
of this subsection (/z) may be modified or waived pursuant to the procedures and criteria set forth in
Sections 307aJ and 207(c)(1){G).
* * * *
(c)
Design Standards for Bicycle Parking Spaces. These design standards apply
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to all bicycle parking spaces subject to Sections 155.2 and 155.3. Bicycle parking shall follow
the design standards established in Zoning Administrator Bulletin No. 9, which includes
specific requirements on bicycle parking layout and acceptable types of Class 1 and Class 2
bicycle parking spaces. For Accessory Dwelling Units, the requirements ofthis subsection (c) may
be modified or waived pursuant to the procedures and criteria set forth in Sections 307aJ and
207(c){4){G).
* * * *
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 in Multifamily Buildings; Accessory
Dwelling Units in Single-Family Homes That Do Not Strictly Meet the Requirements in
Subsection (c)(6).
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(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:
only one ADU will be constructed;
(i)
(ii)
the ADU will be located on a lot that is zoned for single-
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family or multifamily use and contains an existing single-family dwelling;
(iii)
the ADU will be constructed entirely within the "living area"
(as defined in subsection (c)(6)(B)(iii)) or the buildable area of an existing single-family homeL
or constructed within the built envelope 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 (8) 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)J
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provided, hmvewr, that the Department shall not approve an application for construction of an
Accessory D11>·elling Unit in any building regulated by this subsection (c)(4) -where a tenant has been
evictedpursuant to Administrative Code Sections 37.9(a)(9) #zrough 37.9(a)(l 4) under a notice of
eviction served within 10 years prior to filing the application for a building perm it to construct the
ADU or -where a tenant has been evicted pursuant to Administrative Code Section 3 7. 9(a) (8) under a
notice o.feviction served within five years prior to filing the application for a building perm it to
3 7. 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 mimer or the tenant certifYing that the property mmer notified the tenant
of the tenant's right to reoccupy the unit and the tenant chose not to reoccupy it.
(C)
Controls on Construction. An Accessory Dwelling Unit is
permitted to be constructed under the following conditions:
(i)
For lots that have four existing Dwelling Units or fewer, one
ADU is permitted; for lots that have more than four existing Dwelling Units or are undergoing
seismic retrofitting under subsection .lf.l{.il(F) below, there is no limit on the number of ADUs
permitted,:_ provided, however, that the Department shall not approve an application for construction
of an Accessory Dwelling Unit in anv building regulated by this subsection (c)(4) where a tenant has
been evicted pursuant to Administrative Code Sections 37.9(a){9) through 37.9(a){J 4) under a notice of
eviction served within 10 years prior to filing the application (or a building permit to construct the
ADU or where a tenant has been 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 provision shall not apply ifthe tenant was evicted under Section 37.9(a)(l 1)
or 37.9(a){J 4) 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
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declaration from the property owner or the tenant certifj;ing that the property owner notified the tenant
o[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) belo-vv, Ag_n
Accessory Dwelling Unit shall be constructed entirely within the built envelope buildable area
of an existing building lot. provided that the ADU does not exceed the existing height of the
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 in either case
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
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a cantilevered room or room built on columns; decks, except for decks t77:at encroach into the
required rear yard, or decks that are supported by columns or walls other than the building wall
to which #-is 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 end
except for any of these spaces that encroach on the required rear yard. 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 o[Section 311 ofthis 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 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.
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(iii)
One /\DU over the density limits in this Code is allovved in a
newly built residential structure of three units or less as a component of the ne'.v construction.
.(jii_-i-v) When a stand-alone garage_,_ 9f 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, storqq__e structure,_Q[ other auxiliary stcucture is in the reQ1lired rear
{00.
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
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of buildings on the block.
{yJ_ f#i}- 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.
(W. {W) A building undergoing seismic retrofitting may be eligible
for a height increase pursuant to $~ubsection (c)(4)(F) below.
(W ('i;f 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).
(viii) fv-i) An Accessory Dwelling Unit shall not be permitted in any
building in a Neighborhood Commercial District or in the Chinatown Community Business or
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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
,~,rticle 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
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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)(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 4D 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)
shall be exempt from the notification requirements of
Sections 311 and 312 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
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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 4D 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
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number of AD Us 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.
(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:
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(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, bicvcle 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.
(",L\greement"); 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
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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 his 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
107A.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)
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Monitoring Program.
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(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
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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 S~ubsection (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 41A.
(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
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
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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)
Accessory Dwelling Units in Existing Single-Family Homes.
(A)
Applicability. This subsection (c)(6) shall apply to the construction of
Accessory Dwelling Units (as defined in Section 102) in existing single-family homes that
meet 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 single-family home -shffl.l. does not
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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 Single-Family Home; Controls on Construction. An Accessory Dwelling Unit
located in a residential zoning district and constructed pursuant to this subsection (c)(6) shall
meet all of the following:
(i)
The ADU will strictly meet the requirements set forth in this
subsection (c)(6)rnf1- 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 entirely within either the
"living area" or the buildable area of an existing single-family home, or, except as provided in
subsection (C)(x) and (xi) below, within the built envelope of an existing and authorized auxiliary
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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 of a single-family residence
or accessory structure, the ADU must have independent exterior access from the existing
residence or accessory structure, and side and rear setbacks sufficient for fire safety.
(v)
If construction of the ADU will have adverse impacts on a property
listed in the California Register of Historic Places or any other known historical resource, the
Department shall require modification of the proposed project to the extent necessary to
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prevent or mitigate such impacts.
(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.
(x)
When a stand-alone garage,__ef 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.
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(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.
(C)
Permit Application Review and Approval. Except as authorized by
subsections (c)(6)(B)(v) and (vi), the 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)@G).
(D)
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 41A of the Administrative Code. This restriction shall be recorded as a Notice
of Special Restriction on the subject lot.
(E)
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
pursuant to any condominium plan, housing cooperative, or similar form of separate
ownership,· pro'v'ided, hov.·ever, that this prohibition on separate sale or.finance of the ADU shall not
apply to a building that v.·ithin three years prior to July 11, 2016, v.·as an existing condominium 1vith no
Rental Unit as defined in Section 3 7. 2(r) (}}the Administrative Code, and also ·within 10 years prior to
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July· 11, 2016 had no evictions pursuant to Sections 3 7. 9(a) through 3 7. 9(a) (14) o.f the Administrative
Gede.
(F)
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.
SEC. 207 .3. AUTHORIZATION OF DWELLING UNITS CONSTRUCTED WITHOUT A
PERMIT IN AN EXISTING BUILDING ZONED FOR RESIDENTIAL USE.
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Notwithstanding Section 207.2 or any other provision of this Code, certain dwelling
units that were constructed without benefit of permit in an existing residential building or in an
ancillary structure located on the same lot may be granted legal status subject to the
conditions and procedures set forth below. For purposes of this Section 207 .3, a dwelling unit
shall not include single room occupancy units.
(b)
Scope.
(1)
Except as provided in subsection (2) below, this Section 207.3 shall apply
to an existing building or an ancillary structure on the same lot, that is located in a district
where residential use is principally permitted, and that has one or more dwelling units that
were constructed prior to January 1, 2013 without benefit of permit and used as residential
space. GA:e One -My- of the unauthorized dwelling units per on the lot that meeting this
threshold requirement and the requirements ofthis Section may be granted legal status under
this Section, regardless of the density limits of the zoning district.
* * * *
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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.
* * * *
(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
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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.
Cl)
Exposure. The exposure requirements of Section 140 apply, except that
subsection (a)(2) may be satisfied through windows facing an open area that is at least 225
square feet, with no horizontal direction being less than nine feet, and 15 feet in every horizontal
direction that is not required to expand on subsequent floors. Permitted obstructions that are
outlined in Section 140 and fire escapes, not projecting more than 4 feet 6 inches, would be allowed in
such open area. In considering any request for complete or partial relief from these Code
requirements, the Zoning Administrator shall facilitate the construction of such Accessory
Dwelling Units to the extent feasible and shall consider any criteria elsewhere in this Section
307 that he or she determines to be applicable. Nothing in this Section shall be interpreted as
allowing for an existing nonconforming non conforming use to be deemed conforming.
(2)
Bicycle Parking. The requirements o[Sections 155.1and155.2 shall apply,
except that (A) in a building with no new corridors, an existing three-foot corridor may satisfy the
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requirement of a legal nonconforming access corridor for purposes of bicycle parking access in
existing buildings and (B) vertical bicycle parking may satisfj; up to I 00% of required bicycle parking.
SEC. 317. LOSS OF RESIDENTIAL AND UNAUTHORIZED UNITS THROUGH
DEMOLITION, MERGER AND CONVERSION.
* * * *
(c)
Applicability; Exemptions.
(1)
Any application for a permit that would result in the Removal of one or
more Residential Units or Unauthorized Units is required to obtain Conditional Use
authorization. For Unauthorized Units, this Conditional Use authorization will not be required for
Removal if the Zoning Administrator has determined in writing that the unit cannot be legalized
under any available applicable provision ofthis Code. The application for a replacement building
or alteration permit shall also be subject to Conditional Use requirements.
* * * *
(g)
Conditional Use Criteria.
* * * *
(6)
Removal of Unauthorized Units. In addition to the criteria set forth in
Subsections (g)(1) through (g)(4) above, the Planning Commission shall consider the criteria
below in the review of applications for removal of Unauthorized Units:
(A)
whether the Unauthorized Unit or Units are eligible fer legalization
under Section 207.3 ofthis Code,·
fBf
whether the costs to legalize the Unauthorized Unit or Units under
the Planning, Building, and other applicable Codes is reasonable based on how such cost
compares to the average cost of legalization per unit derived from the cost of projects on the
Planning Department's Master List of Additional Dwelling Units Approved required by Section
207.3(k) of this Code;
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(.fl_G)
whether it is financially feasible to legalize the Unauthorized Unit or
Units. Such determination will be based on the costs to legalize the Unauthorized Unit(s)
under the Planning, Building, and other applicable Codes in comparison to the added value
that legalizing said Units would provide to the subject property. The gain in the value of the
subject property shall be based on the current value of the property with the Unauthorized
Unit(s) compared to the value of the property if the Unauthorized Unit(s) is/are legalized. The
calculation of the gain in value shall be conducted and approved by a California licensed
property appraiser. Legalization would be deemed financially feasible if gain in the value of
the subject property is equal to or greater than the cost to legalize the Unauthorized Unit.
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(C9) If no City funds are available to assist the property owner with the
cost of legalization, whether the cost would constitute a financial hardship.
Section 3. As introduced, this ordinance proposed revising Building Code Sections
106A.4.9 and 106A.4.9.1. At the Land Use and Transportation Committee meeting of July 9,
2018, the Committee amended the ordinance to remove those sections.
Section 4. Effective Date. This ordinance shall become effective 30 days after
enactment. Enactment occurs when the Mayor signs the ordinance, the Mayor returns the
ordinance unsigned or does not sign the ordinance within ten days of receiving it, or the Board
of Supervisors overrides the Mayor's veto of the ordinance
Section 5. 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
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additions, and Board amendment deletions in accordance with the "Note" that appears under
the official title of the ordinance.
Section 6. Directions to Clerk. The Clerk of the Board of Supervisors is hereby
to submit a copy of this ordinance to the California Department of Housing and
Community Development within 60 days following adoption pursuant to Section 65852.2(h) of
the California Government Code.
APPROVED AS TO FORM:
DENNIS
HERRERA, City Attorney
By:
n:\legana\as2017\1500654\01291183.docx
Supervisor Tang
BOARD OF SUPERVISORS
Page
City and County of San Francisco
Tails
Ordinance
City Hall
1 Dr. Carlton B. Goodlett Place
San Francisco, CA 94102-4689
File Number:
180268
Date Passed: July 31, 2018
Ordinance amending the Planning Code to 1) authorize expansion of an Accessory Dwelling Unit
(ADU) within the buildable area, 2) authorize the Zoning Administrator to waive or modify bicycle
parking requirements for an ADU, 3) exempt from the permit notification requirement ADUs
constructed within the defined existing built envelope, and 4) allow conversion of an existing
stand-alone garage, storage structure, or other auxiliary structure to an ADU and expansion of the
existing building envelope to add dormers; 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; adopting findings of public necessity,
convenience, and welfare under Planning Code, Section 302; and directing the Clerk to send a copy
of this Ordinance to the California Department of Housing and Community Development.
June 11, 2018 Land Use and Transportation Committee - CONTINUED
July 09, 2018 Land Use and Transportation Committee - DUPLICATED
July 09, 2018 Land Use and Transportation Committee -AMENDED, AN AMENDMENT
OF THE WHOLE BEARING NEW TITLE
July 09, 2018 Land Use and Transportation Committee - RECOMMENDED AS AMENDED
July 17, 2018 Board of Supervisors - DUPLICATED
July 17, 2018 Board of Supervisors -AMENDED, AN AMENDMENT OF THE WHOLE
BEARING NEW TITLE
Ayes: 11 - Cohen, Brown, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani,
Tang and Yee
July 17, 2018 Board of Supervisors -AMENDED, AN AMENDMENT OF THE WHOLE
BEARING SAME TITLE
Ayes: 11 - Cohen, Brown, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani,
Tang and Yee
July 17, 2018 Board of Supervisors - PASSED ON FIRST READING AS AMENDED
Ayes: 11 - Cohen, Brown, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani,
Tang and Yee
July 24, 2018 Board of Supervisors - CONTINUED ON FINAL PASSAGE
Ayes: 9 - Cohen, Brown, Kim, Mandelman, Peskin, Ronen, Safai, Stefani and Yee
Excused: 2 - Fewer and Tang
July 31, 2018 Board of Supervisors - DUPLICATED ON FINAL PASSAGE
City and Countv of San Francisco
Page 1
Printed at 12:16 pm 011811118
July 31, 2018 Board of Supervisors - Fl NALLY PASSED
Ayes: 11 - Cohen, Brown, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani,
Tang and Yee
File No. 180268
London N. Breed
Mayor
City and County of San Francisco
Page2
I hereby certify that the foregoing
Ordinance was Fl NALLY PASSED on
7/31/2018 by the Board of Supervisors of
the City and County of San Francisco.
Date Approved
Printed at 12: 16 pm 011 811118
