(a) Exception to Dwelling Unit Density Limits for Certain Accessory Dwelling Units Under the State-Mandated Program. An exception to the calculations under Section 207 of this Code shall be made for Accessory Dwelling Units (“ADUs”) and Junior Accessory Dwelling Units (“JADUs”), as defined in Section 102 of this Code, meeting the requirements of this Section 207.2. The purpose of this Section 207.2 is to implement California Government Code Sections 65852.2 and 65852.22, which require ministerial consideration of ADUs and JADUs that meet certain standards.
(b) Applicability. This Section 207.2 shall apply to the construction of ADUs and JADUs in existing or proposed dwellings, or in a detached structure on the same lot, if the ADU meets the applicable requirements of this Section 207.2. An ADU constructed pursuant to this Section 207.2 is considered a residential use that is consistent with the General Plan and the zoning designation for the lot. Adding an ADU or JADU in compliance with this Section 207.2 does not exceed the allowable density for the lot. Unless otherwise specified, for purposes of this Section 207.2, a “detached” structure or ADU shall not share structural walls with the primary structure on the lot. If construction of the ADU will not meet the requirements of this Section, the ADU is regulated pursuant to Section 207.1 and not this Section 207.2.
(c) General Controls on Construction. An ADU constructed pursuant to this Section 207.2 shall meet all of the following:
(1) The ADU must have independent exterior access from the existing or proposed primary dwelling or existing accessory structure, and side and rear setbacks sufficient for fire safety.
(2) For projects involving a property listed in the California Register of Historic Places, or a property designated individually or as part of a historic or conservation district pursuant to Article 10 or Article 11, the ADU or JADU shall comply with any objective architectural review standards adopted by the Historic Preservation Commission to prevent adverse impacts to such historic resources. Such projects shall not be required to obtain a Certificate of Appropriateness or a Permit to Alter.
(3) All applicable requirements of San Francisco’s health and safety codes shall apply, including but not limited to the Building and Fire Codes.
(4) No parking is required for the ADU.
(d) Specific Controls for Hybrid ADUs. The purpose of this subsection 207.2(d) is to implement California Government Code Sections 65852.2(e) and 65852.22, which require ministerial consideration of ADUs and JADUs that meet certain standards (“Hybrid ADUs”). California Government Code Section 65852.2(e)(6) authorizes the City to impose objective standards, including, but not limited to, design, development, and historic standards, on ADUs approved under this subsection 207.2(d). ADUs and JADUs shall strictly meet the requirements set forth in this subsection 207.2(d), and all other applicable Planning Code standards, including open space, exposure, buildable area, and other standards, without requiring a waiver of Code requirements pursuant to subsection 207.1(g); provided, however, that adding an ADU or JADU in compliance with this subsection 207.2(d) does not exceed the allowable density for the lot. The City shall approve ADUs and JADUs meeting the following requirements, in addition to the requirements of subsection 207.2(b) and any other applicable standards:
(1) ADUs and JADUs within proposed space of a proposed single-family dwelling or within existing space of a single-family dwelling or accessory structure meeting the following conditions:
(A) The lot on which the ADU or JADU is proposed contains an existing or proposed single-family dwelling.
(B) Only one detached ADU, and one JADU, are permitted per lot in addition to an ADU permitted under this subsection 207.2(d)(1).
(C) Each proposed ADU and JADU includes an entrance that is separate from the entrance to the existing or proposed dwelling.
(D) Side and rear setbacks will be sufficient for fire safety.
(E) If an ADU is proposed, it will be within the existing space of a single-family dwelling or accessory structure, or within the space of a proposed single-family dwelling, or it will require an addition of no more than 150 square feet to an existing accessory structure to accommodate ingress and egress.
(F) If a JADU is proposed, it meets the requirements of Planning Code Section 102 and California Government Code Section 65852.22.
(2) Detached, new construction ADUs on a lot containing a proposed or existing single-family dwelling meeting the following conditions:
(A) The lot on which the detached ADU is proposed contains an existing or proposed single-family dwelling.
(B) The lot on which the ADU is proposed does not contain more than one other ADU and one JADU.
(C) The proposed ADU is detached from the single-family dwelling and any other structure.
(D) The proposed ADU is new construction.
(E) The proposed ADU is located at least four feet from the side and rear lot lines, is no greater than 800 square feet in Gross Floor Area, and does not exceed the applicable height limit contained in subsection 207.2(e)(9).
(3) ADUs within existing space of a multifamily dwelling meeting the following conditions:
(A) The lot on which the ADU is proposed contains an existing multifamily dwelling.
(B) The ADU is proposed within a portion of the multifamily dwelling structure that is not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages.
(C) The total number of ADUs within the dwelling structure would not exceed 25% of the existing number of primary dwelling units within the structure, provided that all multifamily dwelling structures shall be permitted to have at least one ADU pursuant to this subsection 207.2(d)(3) if all other applicable standards are met.
(4) Detached, new construction ADUs on a lot containing a proposed or existing multifamily dwelling meeting the following conditions:
(A) The lot on which the ADU is proposed contains a proposed or existing multifamily dwelling.
(B) The proposed ADU is detached from the multifamily dwelling.
(C) The proposed ADU is located at least four feet from the side and rear lot lines, except that if the existing multifamily dwelling has a side or rear setback of less than four feet, modification of the existing multifamily dwelling shall not be required as a condition of approving a proposed ADU that otherwise satisfies the requirements of this subsection 207.2(c)(4).
(D) The proposed ADU does not exceed the applicable height limit contained in subsection 207.2(e)(9).
(E) No more than two ADUs shall be permitted per lot pursuant to this subsection 207.2(c)(4).
(e) Specific Controls for State ADUs. The purpose of this subsection 207.2(e) is implement California Government Code Sections 65852.2(a) through (d), which require streamlined, ministerial approval of ADUs meeting certain standards (“State ADUs”). An ADU located on a lot that is zoned for single-family or multifamily use and contains an existing or proposed dwelling, and that is constructed pursuant to this subsection 207.2(e), shall meet all of the following requirements, in addition to the requirements of subsection 207.2(b) and any other applicable standards. Provided, however, that the City shall not impose any requirement for a zoning clearance or separate zoning review, any minimum or maximum size for an ADU, any size based upon a percentage of the proposed or existing primary dwelling, or any limits on lot coverage, floor area ratio, open space, front setbacks, and minimum lot size, for either attached or detached dwellings, that does not permit construction of an ADU meeting all other requirements that is 800 square feet or less in Gross Floor Area, 16 feet or less in height, and with four foot side and rear yard setbacks. ADUs under this subsection 207.2(e) shall meet the following conditions:
(1) Only one ADU will be constructed.
(2) The ADU will be located on a lot that is zoned for single-family or multifamily use and contains an existing or proposed dwelling.
(3) The lot on which the ADU is proposed does not contain another ADU or JADU.
(4) The ADU is either (A) attached to or will be constructed entirely within the proposed or existing primary dwelling, including attached garages, storage areas, or similar uses, or an accessory structure on the same lot, or (B) attached to or will be constructed entirely within a proposed or legally existing detached structure on the same lot, or (C) detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling.
(5) If there is an existing primary dwelling, the Gross Floor Area of an attached ADU that provides one bedroom or less shall not exceed 50% of the Gross Floor Area of the existing primary dwelling or 850 square feet, whichever is greater. If there is an existing primary dwelling, the Gross Floor Area of an attached ADU that provides more than one bedroom shall not exceed 50% of the Gross Floor Area of the existing primary dwelling or 1,000 square feet, whichever is greater.
(6) 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.
(7) Setbacks. No setback is required for an ADU located within an existing living area or an existing accessory structure, or an ADU that replaces an existing structure and is located in the same location and constructed to the same dimensions as the structure being replaced. A setback of no more than four feet from the side and rear lot lines shall be required for an ADU that is not converted from either an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure.
(8) Garages. When a garage, carport, or covered parking structure is proposed to be demolished in conjunction with the construction of an ADU or converted to an ADU, replacement of those offstreet parking spaces is not required; and a permit to demolish a detached garage that is to be replaced with an ADU shall be reviewed with the application to construct the ADU and issued at the same time.
(9) Height limits. The ADU shall not exceed the following height limits:
(A) A height of 16 feet for a detached ADU on a lot with an existing or proposed dwelling.
(B) A height of 18 feet for a detached ADU on a lot with an existing or proposed dwelling that is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as defined in Section 21155 of the California Public Resources Code. An additional two feet in height shall be permitted to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling.
(C) A height of 18 feet for a detached ADU on a lot with an existing or proposed multifamily, multi-story dwelling.
(D) A height of 25 feet or the applicable height limit for the primary dwelling, whichever is lower, for an ADU that is attached to the primary dwelling, except that the ADU shall not exceed two stories.
(f) Permit Application Review and Approval. No requests for discretionary review shall be accepted by the Planning Department for permit applications meeting the requirements of this Section 207.2. The Planning Commission shall not hold a public hearing for discretionary review of permit applications meeting the requirements of this Section 207.2. Permit applications meeting the requirements of this Section 207.2 shall not be subject to the notification or review requirements of Section 311 of this Code.
(g) Appeal. The procedures for appeal to the Board of Appeals of a decision by the Department under this Section 207.2 shall be as set forth in Section 8 of the Business and Tax Regulations Code.
(h) Prohibition of Short-Term Rentals. An ADU or JADU authorized under this Section 207.2 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.
(i)1
Rental; Restrictions on Subdivisions. An ADU or JADU constructed pursuant to this Section 207.2 may be rented and is subject to all applicable provisions of the Residential Rent Stabilization and Arbitration Ordinance (Chapter 37 of the Administrative Code). Notwithstanding the provisions of Article 9 of the Subdivision Code, a lot with an ADU or JADU authorized under this Section 207.2 shall not be subdivided in a manner that would allow for the ADU or JADU to be sold or separately financed pursuant to any condominium plan, housing cooperative, or similar form of separate ownership, except that this prohibition on separate sale or finance of the ADU shall not apply to an ADU that meets the requirements of California Government Code Section 65852.26.
(i)1
Recordation for Junior ADUs. The following restrictions shall be recorded as a Notice of Special Restriction on the subject lot on which a JADU is constructed under this Section 207.2 and shall be binding on all future owners and successors in interest:
(1) Notwithstanding the provisions of Article 9 of the Subdivision Code, a lot with a JADU authorized under this Section 207.2 shall not be subdivided in a manner that would allow for the JADU to be sold or separately financed pursuant to any condominium plan, housing cooperative, or similar form of separate ownership, except that this prohibition on separate sale or finance of the JADU shall not apply to a JADU that meets the requirements of California Government Code Section 65852.26.
(2) The size and attributes of a JADU constructed pursuant to this Section 207.2 shall comply with the requirements of this Section 207.2 and California Government Code 65852.22.
(j) Department Report. In addition to the information required by subsection 207.1(i)(3), the annual Housing Inventory shall include a description and evaluation of the number and types of units being developed pursuant to this Section 207.2, their affordability rates, and such other information as the Director or the Board of Supervisors determines would inform decision makers and the public.
(k) Fees. No impact fees shall be imposed on ADUs or JADUs authorized under this Section 207.2, where the ADU or JADU is smaller than 750 square feet of Gross Floor Area, or for ADUs that are proposed in lots with three existing units or fewer. Impact fees for all other ADUs shall be imposed proportionately in relation to the Gross Floor Area of the primary dwelling unit.
(Added by Ord. 62-24, File No. 230310, App. 3/28/2024, Eff. 4/28/2024)
(Former Sec. 207.2 added by Ord. 155-84, App. 4/11/84; amended by Ord. 526-85, App. 11/27/85; Ord. 324-86, App. 8/8/86; Ord. 140-11, File No. 110482, App. 7/5/2011, Eff. 8/4/2011; Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015; repealed by Ord. 162-16
, File No. 160657, App. 8/4/2016, Eff. 9/3/2016)
CODIFICATION NOTE
1. As adopted by Ord. 62-24, Section 207.2 contains two subsections designated (i).