(See Interpretations related to this Section.)
(a) Exception to Dwelling Unit Density Limits for Certain Accessory Dwelling Units Under City’s Local Program. An exception to the calculations under Section 207 of this Code shall be made for Accessory Dwelling Units (“ADUs”), as defined in Section 102 of this Code, meeting the requirements of this Section 207.1.
(b) Applicability. This Section 207.1 shall apply to the construction of ADUs on all lots located within the City and County of San Francisco in areas that allow residential use, except ADUs regulated by the State-Mandated Program under Section 207.2 of this Code.
(c) Controls on Construction. An ADU regulated by this Section 207.1 is permitted to be constructed in an existing or proposed building under the following conditions:
(1) For lots that have four existing Dwelling Units or fewer, or where the zoning would permit the construction of four or fewer Dwelling Units, one ADU is permitted. For lots that have more than four existing Dwelling Units or are undergoing seismic retrofitting under subsection 207.1(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.
(2) The Department shall not approve an application for construction of an ADU where a tenant on the lot was evicted pursuant to Administrative Code Sections 37.9(a)(9) through (a)(12) and 37.9(a)(14) under a notice of eviction served within 10 years prior to filing the application for a building permit to construct the ADU, or where a tenant was evicted pursuant to Administrative Code Section 37.9(a)(8) under a notice of eviction served within five years prior to filing the application for a building permit to construct the ADU. This subsection (c)(2) shall not apply if the tenant was evicted under Section 37.9(a)(11) or 37.9(a)(14) and the applicant(s) either (A) have certified that the original tenant reoccupied the unit after the temporary eviction or (B) have submitted to the Department and to the Residential Rent Stabilization and Arbitration Board (Rent Board) a declaration from the property owner or the tenant certifying that the property owner notified the tenant of the tenant’s right to reoccupy the unit and the tenant chose not to reoccupy it.
(3) Prior to submitting an application to construct an ADU under this Section 207.1, the property owner shall file with the Rent Board a written declaration, signed under penalty of perjury, demonstrating that the project will comply with the requirements of Administrative Code Sections 37.2(r) and 37.9 relating to severance, substantial reduction, or removal of a housing service. The Rent Board shall determine the form and content of said declaration, which shall include the following information: (i) a description of any housing services supplied in connection with the use or occupancy of any units on the subject property that are located in the area of the property or building where the ADU would be constructed; (ii) whether construction of the ADU would result in the severance, substantial reduction, or removal of any such housing services; and (iii) whether any of the just causes for eviction under Administrative Code Section 37.9(a) would apply. The property owner shall also file a copy of the notice required under Section 207.1(j) with the declaration.
(4) Tenants at the subject property may contest the information in the declaration required by subsection 207.1(c)(3) by petitioning for a written determination from the Rent Board verifying the presence and defining characteristics of the housing service or services in question, and whether any such housing services would be severed, substantially reduced, or removed by the project as proposed. Petitions must be filed with the Rent Board within 30 calendar days after the notice required under Section 207.1(j) has been provided. If no such petition is timely filed, the Rent Board shall promptly transmit the declaration to the Planning Department. If any such petition is timely filed, the Rent Board shall endeavor to transmit the declaration and its final written determination on the petition to the Planning Department within 90 calendar days of receipt of said petition. The Department shall not approve an application to construct an ADU under this Section 207.1 unless (i) the Rent Board has transmitted the declaration and final written determination required by subsections (c)(3) and (c)(4), and (ii) the materials transmitted by the Rent Board indicate that construction of the ADU would not result in the severance, substantial reduction, or removal without just cause of any tenant housing service set forth in Administrative Code Section 37.2(r) that is supplied in the area of the property or building where the ADU would be constructed, unless the property owner demonstrates that the tenant supplied with that housing service has given their express written consent for the severance, substantial reduction, or removal of the housing service.
(5) Except as provided in subsections (6), (7), and (8) below, an ADU shall be constructed (i) entirely within the buildable area of an existing lot, provided that the ADU does not include a vertical addition, or (ii) within the built envelope of an existing and authorized detached garage, storage structure, or other detached structure on the same lot. For purposes of this subsection 207.1, a “detached” structure or ADU shall not share structural walls with either the primary structure or any other structure on the lot. For purposes of this subsection 207.1, the “built envelope” shall include the open area under an existing and authorized cantilevered room or room built on columns; decks, except for decks that are supported by columns or walls other than the building wall to which they are attached and are multi-level or more than 10 feet above grade; and lightwell infills provided that the infill will be against a blank neighboring wall at the property line and not visible from any off-site location; as these spaces exist as of July 11, 2016. An ADU constructed entirely within the existing built envelope, as defined in this subsection 207.1, along with permitted obstructions allowed in Section 136(c)(32), of an existing building or authorized detached structure on the same lot, or where an existing detached garage or storage structure has been expanded to add dormers, is exempt from the notification requirements of Section 311 of this Code. If the existing building or authorized detached structure on the same lot is designated individually or as part of a historic or conservation district pursuant to Article 10 or Article 11, the notification requirements of Article 10 or Article 11 will apply. If an ADU will be constructed under a cantilevered room or deck that encroaches into the required rear yard, a pre-application meeting that complies with the Planning Commission’s Pre-Application policy is required.
(6) When a detached garage, storage, or other auxiliary structure is being converted to an ADU, an expansion to the envelope is allowed to add dormers even if the detached garage, storage structure, or other auxiliary structure is in the required rear yard.
(7) On a corner lot, a legal detached nonconforming garage, storage structure, or other auxiliary structure may be expanded within its existing footprint by up to one additional story in order to create a consistent street wall and improve the continuity of buildings on the block.
(8) ADUs shall comply with any applicable controls in Planning Code Section 134(f).
(9) An ADU shall not be constructed using space from an existing Dwelling Unit, except that an ADU may expand into habitable space on the ground or basement floors provided that it does not exceed 25% of the total gross square footage of such space on the ground and basement floors. The Zoning Administrator may waive this 25% limitation if (i) the resulting space would not be usable or would be impractical to use for other reasonable uses, including, but not limited to, storage or bicycle parking or (ii) waiving the limitation would help relieve any negative layout issues for the proposed ADU.
(10) An existing building undergoing seismic retrofitting may be eligible for a height increase pursuant to subsection 207.1(f) below.
(11) Notwithstanding any other provision of this Code, an ADU authorized under this Section 207.1 may not be merged with an original unit(s).
(12) An ADU shall not be permitted in any building in a Neighborhood Commercial District or in the Chinatown Community Business or Visitor Retail Districts if it would eliminate or reduce a ground-story retail space, unless the Accessory Dwelling Unit is a Designated Child Care Unit, as defined in Section 102, and meets all applicable standards of Planning Code Section 414A.6(e).
(13) An Accessory Dwelling Unit shall not be permitted under this Section 207.1 if it would result in the reduction or removal of on-site laundry service, unless that laundry service is replaced with at least the same number or capacity of washers and dryers within the same building and as accessible as before to all building tenants.
(14) An application for a permit solely to construct an ADU in a proposed building pursuant to this subsection 207.1(c) shall not be subject to the notification requirements of Section 311 of this Code; however, any application for a permit to construct the proposed building shall be subject to any applicable notification requirements of Section 311 of this Code.
(15) In addition to any ADUs permitted under this Section 207.1 within the primary structure, one detached ADU shall be permitted within the required rear yard if it complies with the following requirements:
(A) The proposed ADU is located at least four feet from the side and rear lot lines and has a height no greater than sixteen feet.
(B) The Gross Floor Area of a detached ADU that provides one bedroom or less shall not exceed 850 square feet. The Gross Floor Area of a detached ADU that provides more than one bedroom shall not exceed 1,000 square feet.
(d) Prohibition of Short-Term Rentals. An ADU shall not be used for Short-Term Residential Rentals under Chapter 41A of the Administrative Code, which restriction shall be recorded as a Notice of Special Restriction on the subject lot.
(e) Restrictions on Subdivisions. Notwithstanding the provisions of Article 9 of the Subdivision Code, a lot with an ADU authorized under this Section 207.1 shall not be subdivided in a manner that would allow for the ADU to be sold or separately financed pursuant to any condominium plan, housing cooperative, or similar form of separate ownership. This prohibition on separate sale or finance of the ADU shall not apply to an ADU in a building that consisted entirely of condominium units as of July 11, 2013, and has had no evictions pursuant to Sections 37.9(a) through 37.9(a)(12) and 37.9(a)(14) of the Administrative Code since July 11, 1996. This prohibition on separate sale or finance of the ADU shall not apply to an ADU that meets the requirements of California Government Code Section 65852.26.
(f) Buildings Undergoing Seismic Retrofitting. For ADUs on lots with a building undergoing mandatory seismic retrofitting in compliance with of the Existing Building Code or voluntary seismic retrofitting in compliance with the Department of Building Inspection’s Administrative Bulletin 094, the following additional provision applies: If allowed by the Building Code, a building in which an ADU is constructed may be raised up to three feet to create ground floor ceiling heights suitable for residential use. Such a raise in height
(1) Shall be exempt from the notification requirements of Section 311 of this Code; and
(3) On lots where an ADU is added in coordination with a building undergoing mandatory seismic retrofitting in compliance with of the Existing Building Code or voluntary seismic retrofitting in compliance with the Department of Building Inspection’s Administrative Bulletin 094, the building and the new ADU shall maintain any eligibility to enter the condo-conversion lottery and may only be subdivided if the entire property is selected on the condo-conversion lottery.
(4) Pursuant to subsection 207.1(c)(1), there is no limit on the number of ADUs that are permitted to be added in connection with a seismic retrofit, as long as all health and safety requirements are met.
(g) Waiver of Code Requirements; Applicability of Rent Ordinance. Pursuant to the provisions of Section 307(l) of this Code, the Zoning Administrator may grant a complete or partial waiver of the density limits and bicycle parking, rear yard, exposure, or open space standards of this Code for ADUs constructed within an existing building, and may grant a waiver of the density limits of this Code for ADUs constructed within a proposed building. If the Zoning Administrator grants a complete or partial waiver of the requirements of this Code and the subject lot contains any Rental Units at the time an application for a building permit is filed for construction of the ADU(s), the property owner(s) shall enter into a Regulatory Agreement with the City under subsection 207.1(h) subjecting the ADU(s) to the San Francisco Residential Rent Stabilization and Arbitration Ordinance (Chapter 37 of the Administrative Code) as a condition of approval of the ADU(s). For purposes of this requirement, Rental Units shall be as defined in Section 37.2(r) of the Administrative Code.
(h) Regulatory Agreements. A Regulatory Agreement required by subsection 207.1(g) as a condition of approval of an Accessory Dwelling Unit shall contain the following:
(1) a statement that the ADU(s) are not subject to the Costa Hawkins Rental Housing Act (California Civil Code Section 1954.50) because, under Section 1954.52(b), the owner has entered into this agreement with the City in consideration for a complete or partial waiver of the density limits, and/or bicycle parking, rear yard, exposure, or open space standards of this Code or other direct financial contribution or other form of assistance specified in California Government Code Sections 65915 et seq. (“Agreement”); and
(2) a description of the complete or partial waiver of Code requirements granted by the Zoning Administrator or other direct financial contribution or form of assistance provided to the property owner; and
(3) a description of the remedies for breach of the Agreement and other provisions to ensure implementation and compliance with the Agreement.
(4) The property owner and the Planning Director (or the Director’s designee), on behalf of the City, will execute the Agreement, which shall be reviewed and approved by the City Attorney’s Office. The Agreement shall be executed prior to the City’s issuance of the First Construction Document for the project, as defined in Section 107A.13.1 of the San Francisco Building Code.
(5) Following execution of the Regulatory Agreement by all parties and approval by the City Attorney, the Regulatory Agreement or a memorandum thereof shall be recorded against the property and shall be binding on all future owners and successors in interest.
Any Regulatory Agreement entered into under this Section 207.1 shall not preclude a landlord from establishing the initial rental rate pursuant to Section 1954.53 of the Costa Hawkins Rental Housing Act.
(i) Monitoring Program.
(1) Monitoring and Enforcement of Unit Affordability. The Department shall establish a system to monitor the affordability of the Accessory Dwelling Units authorized to be constructed by this Section 207.1 and shall use such data to enforce the requirements of the Regulatory Agreements entered into pursuant to subsection 207.1(h). Property owners shall provide the Department with rent information as requested by the Department. The Board of Supervisors recognizes that property owners and tenants generally consider rental information sensitive and do not want it publicly disclosed. The intent of the Board is for the Department to obtain the information for purposes of monitoring and enforcement but that its public disclosure is not linked to specific individuals or units. The Department shall consult with the City Attorney's Office with respect to the legal requirements to determine how best to achieve the intent of the Board.
(2) Monitoring of Prohibition on Use as Short Term Rentals. The Department shall collect data on the use of ADUs authorized to be constructed by this Section 207.1 as Short-Term Residential Rentals, as that term is defined in Administrative Code Section 41A.4, and shall use such data to evaluate and enforce Notices of Special Restriction pursuant to Section 207.1(d) and the requirements of Administrative Code Chapter 41A.
(3) Department Report. As part of the annual Housing Inventory, the Department shall report the types of units being developed pursuant to this Section 207.1, their affordability rates, their use as Short-Term Residential Rentals, and such additional information as the Director or the Board of Supervisors determines would inform decision makers and the public on the effectiveness and implementation of this Section 207.1, and shall include recommendations for any amendments to the requirements of this Section 207.1.
(Added by Ord. 62-24, File No. 230310, App. 3/28/2024, Eff. 4/28/2024)
(Former Sec. 207.1 added by Ord. 443-78, App. 10/6/78; amended by Ord. 115-90, App. 4/6/90; Ord. 72-08, File No. 071157, App. 4/3/2008; Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 196-11
, File No. 110786, App. 10/4/2011, Eff. 11/3/2011; Ord. 152-14
, File No. 140036, App. 7/25/2014, Eff. 8/24/2014; Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015; redesignated as Sec. 207(b) and (c) and amended by Ord. 30-15
, File No. 140954, App. 3/26/2015, Eff. 4/25/2015)
AMENDMENT HISTORY
[Former] division (f) amended; Ord. 196-11
, Eff. 11/3/2011. Undesignated introductory material and divisions (a) and (b) amended; new division (f) added and former division (f) redesignated as (g) and amended; Ord. 152-14
, Eff. 8/24/2014. Division (h) added; Ord. 22-15, Eff. 3/22/2015. Undesignated introductory material redesignated as Sec. 207(b); divisions (a)-(e) redesignated as Sec. 207(b)(1)-(5); divisions (f)-(h) redesignated as Sec. 207(c)(1)-(3); Ord. 30-15
, Eff. 4/25/2015. New Section 207.1 added; Ord. 62-24, Eff. 4/28/2024.