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(See Interpretations related to this Section)
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.
(a) Purpose and Findings.
(1) In California Government Code Section 65852.150, the Legislature declared that second units are a valuable form of housing in California because they "provide housing for family members, students, the elderly, in-home health care providers, the disabled, and others, at below market prices within existing neighborhoods" and that "homeowners who create second units benefit from added income, and an increased sense of security."
(2) San Francisco has long had a housing shortage, especially of affordable housing. The housing market continues to be tight and housing costs are beyond the reach of many households. Policy 1.5 of the City's 2009 Housing Element states that secondary units in existing residential buildings represents a simple and cost-effective method of expanding the City's housing supply.
(3) The City has no definitive information on the number of dwelling units that have been added to existing residential buildings without the benefit of a permit, but unofficial estimates indicate that as many as 30,000 to 40,000 such dwelling units exist as of 2013. Often these illegal units have been built in the basements, garages, and attics of existing buildings or in rear-yard structures. While many of these units may not meet existing Planning Code requirements, they constitute a major supply of San Francisco's affordable housing units, often meet life and safety standards, and may require only exceptions from density, open space, and other Planning Code requirements in order to become legal.
(4) Providing a mechanism to grant legal status to an illegally constructed dwelling unit in an existing building zoned for residential use furthers several public policy objectives. By encouraging the legalization of these units, the City can add legitimate units to the City's supply of affordable housing, ensure that these units are safe and habitable, and properly include these units when calculating the City's existing housing supply.
(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. One of the unauthorized dwelling units on the lot that meet this threshold requirement and the requirements of this Section may be granted legal status under this Section, regardless of the density limits of the zoning district.
(2) No-fault Eviction. The Department shall not approve an application for legalization if any tenant has been evicted from the unit pursuant to Administrative Code Sections 37.9(a)(9) through (a)(14) where the tenant was served with the notice of eviction after March 13, 2014 if the notice was served within ten (10) years prior to filing the application for legalization. Additionally, the Department shall not approve an application for legalization of the unit if any tenant has been evicted pursuant to Administrative Code Section 37.9(a)(8) where the tenant was served with a notice of eviction after March 13, 2014 if the notice was served within five (5) years prior to filing the application for legalization. The Department shall verify with the Rent Board that no no-fault eviction had been filed. This subsection (b)(2) shall not apply if the tenant was evicted under Administrative Code Section 37.9(a)(11) and the applicant(s) have either: (A) certified that the original tenant reoccupied the unit after the temporary eviction or (B) submitted to the Department a declaration from the property owner or the tenant certifying that the property owner or the Rent Board has notified the tenant of the tenant's right to reoccupy the unit after the temporary eviction and the tenant chose not to reoccupy it.
(c) Notices of Violation. If the Director or Zoning Administrator has issued a notice of violation for the unauthorized unit for which legalization is being sought and all violations would be corrected by legalization of the unit, the Director or Zoning Administrator shall:
(1) temporarily suspend the notice of violation and enforcement action upon initiation of the legalization process by the owner or owner's authorized agent and acceptance of the required applications by the City; and
(2) rescind the notice of violation and remove any related liens on the property if legalization of the unit is approved within one year of initiation of the process set forth in subsection (d).
(d) Legalization Application. The Department shall approve an application to legalize an existing dwelling unit if the unit complies with Planning Code requirements as specified in subsection (e) below and with other City codes as specified in subsection (f) below, if the Rent Board verifies that no no-fault eviction was filed pursuant to subsection (b)(2) above, and if the permit application is completed at and plans approved by the Department of Building Inspection. In compliance with the State's Second Unit Law (California Government Code 65852.2), the Department shall exercise ministerial approval of the application if the dwelling unit is in a single-family home and thus within the scope of the State's Second Unit Law.
(e) Compliance with Planning Code Requirements; Exceptions.
(1) A dwelling unit authorized under this Section 207.3 must satisfy all applicable requirements of this Code except for the rear yard requirements set forth in Section 134, the usable open space requirements set forth in Section 135, and the light and air requirements set forth in Section 140, and except as otherwise provided in this Section 207.3.
(2) One such dwelling unit on the lot is allowed to exceed the permitted density authorized for that zoning district provided that a residential use is principally permitted in that zoning district. Authorization of an additional unit over the density limits will not change the official zoning classification of the lot; provided, however, that the additional dwelling unit shall count towards the density limits if the parcel is under its density limit capacity.
(f) Compliance With Other City Codes. A dwelling unit authorized under this Section 207.3 must meet all applicable provisions of other City codes other than the provisions of the Planning Code cited in subsection (e). Any Code equivalencies authorized under the Building Code, Electrical Code, Plumbing Code, Mechanical Code, Fire Code, or other applicable Code shall be considered by the relevant agency.
Legalization of a dwelling unit under this Section 207.3 shall not affect whether the dwelling unit is subject to the Residential Rent Stabilization and Arbitration Ordinance (Chapter 37 of the Administrative Code). A dwelling unit that was subject to the Residential Rent Stabilization and Arbitration Ordinance prior to legalization under this Section 207.3 shall remain subject to the Residential Rent Stabilization and Arbitration Ordinance after legalization. Landlords shall pay relocation assistance to tenants who are temporarily displaced due to work required for dwelling unit legalization pursuant to the provisions in Section 37.9C of the Residential Rent Stabilization and Arbitration Ordinance or California Civil Code Section 1947.9 for displacements of less than 20 days.
(g) Additional Dwelling Unit Considered a Lawful Nonconforming Use. Any dwelling unit authorized under this Section 207.3 shall be considered a lawful nonconforming use subject to the provisions of Planning Code Sections 180 through 189; provided, however, that expansion of the additional dwelling unit within the building envelope shall be permitted as part of the legalization process.
(h) Subdivision and Lot Splits Prohibited. Notwithstanding the provisions of Article 9 of the Subdivision Code, a lot with an additional unit authorized under this Section 207.3 may not be subdivided in a manner that would allow for the additional unit to be sold or separately financed pursuant to any condominium plan, housing cooperative, or similar form of separate ownership.
(i) Merging Secondary and Original Units. If the property owner wants to merge the secondary and original units, the owner may request merger pursuant to Section 317 of this Code. If the Planning Department or Commission approves the merger, the secondary unit will be removed from the Planning Department's Master List and the Assessor-Recorder's records after the final certificate of occupancy is obtained and the merger has occurred .
(j) Reports. Six months from the effective date of this Section 207.3 and every six months for the first three years after the effective date, the Zoning Administrator and the Director of the Department of Building Inspection shall issue a joint report on the effectiveness of the additional dwelling unit authorization program. After three years, the report will be included in the City's Annual Housing Inventory. The report shall, at a minimum, state the number of screening forms and building permit applications that have been filed pursuant to this Section 207.3. For the first three years, copies of these reports shall be submitted to the Clerk of the Board of Supervisors, the Mayor, and the Controller. Upon receiving the reports one year and two years after the effective date, the Clerk of the Board of Supervisors shall schedule a public hearing for each report on the agenda of the appropriate Board of Supervisors committee to consider the effectiveness of the program.
(k) Master List of Additional Dwelling Units Approved. The Planning Department shall create and maintain a master list of dwelling units approved pursuant to the provisions of this Section 207.3 and corresponding property addresses for use by the San Francisco Rent Stabilization and Arbitration Board, Tax Assessor, and other interested City departments, boards or commissions.
AMENDMENT HISTORY
Division (b)(1) amended; Ord. 195-18, Eff. 9/10/2018.
(See Interpretations related to this Section.)
(Added by Ord. 69-87, App. 3/13/87; amended by Ord. 262-00, File No. 001426, App. 11/17/2000; Ord. 72-08, File No. 071157, App. 4/3/2008; Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 42-13
, File No. 130002, App. 3/28/2013, Eff. 4/27/2013; Ord. 261-13
, File No. 130084, App. 11/27/2013, Eff. 12/27/2013; Ord. 152-14
, File No. 140036, App. 7/25/2014, Eff. 8/24/2014; repealed by Ord. 30-15
, File No. 140954, App. 3/26/2015, Eff. 4/25/2015)
(a) The dwelling unit density in the Chinatown Mixed Use District shall be at a density ratio not exceeding the amount set forth in the specific district tables in Article 8.
(b) There shall be no density limit for any residential use, as defined by Section 890.88 in any DTR district.
(c) There shall be no density limits for any residential use, as defined by Section 890.88, in the Eastern Neighborhoods Mixed Use Districts.
(Added by Ord. 131-87, App. 4/24/87; amended by Ord. 115-90, App. 4/6/90; Ord. 368-94, App. 11/4/94; Ord. 217-05, File No. 050865, App. 8/19/2005; Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 42-13
, File No. 130002, App. 3/28/2013, Eff. 4/27/2013; Ord. 227-14
, File No. 120796, App. 11/13/2014, Eff. 12/13/2014; Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019)
AMENDMENT HISTORY
[Former] Table 207.5(b) amended; Ord. 42-13
, Eff. 4/27/2013. Divisions (a) and (b) amended; former Tables 207.5(a) and 207.5(b) deleted; Ord. 227-14
, Eff. 12/13/2014. Former divisions (b) and (c) deleted; former divisions (d) and (e) redesignated as divisions (b) and (c); Ord. 296-18, Eff. 1/12/2019.
(a) Purpose. In order to foster flexible and creative infill development while maintaining the character of the district, dwelling unit density is not controlled by lot area in RTO, NCT, and Eastern Neighborhoods Mixed Use Districts but rather by the physical constraints of this Code (such as height, bulk, setbacks, open space, and dwelling unit exposure). However, to ensure an adequate supply of family-sized units in existing and new housing stock, new residential construction must include a minimum percentage of units of at least two bedrooms. In the Pacific Avenue and Polk Street Neighborhood Commercial Districts, and the Van Ness & Market Residential Special Use District, a dwelling unit mix requirement addresses the need for family-sized housing production in these districts.
(b) Applicability.
(1) This Section shall apply in the RTO, RCD, NCT, DTR, Eastern Neighborhoods Mixed Use Districts, the Van Ness & Market Residential Special Use District, and the Pacific Avenue and Polk Street NCDs.
(2) This Section shall apply to all applications for building permits and/or Planning Commission entitlements that propose the creation of five or more Dwelling Units.
(3) This Section does not apply to buildings for which 100 percent of the residential uses are: Group Housing, Dwelling Units that are provided at below market rates pursuant to Section 406(b)(1) of this Code, Single Room Occupancy (SRO) Units, Student Housing (all as defined in Section 102 of this Code) or housing specifically and permanently designated for seniors or persons with physical disabilities.
(4) This Section 207.6 shall not apply to applications for permits or entitlements to construct Accessory Dwelling Units or Junior Accessory Dwelling Units.
(c) Controls. For all RTO, RCD and NCT districts, as well as DTR, Eastern Neighborhoods Mixed Use Districts, the Van Ness & Market Residential Special Use District, and the Pacific Avenue and Polk Street NCDs, one of the following three must apply:
(1) no less than 40% of the total number of proposed Dwelling Units shall contain at least two bedrooms. Any fraction resulting from this calculation shall be rounded to the nearest whole number of Dwelling Units, or
(2) no less than 30% of the total number of proposed Dwelling Units shall contain at least three bedrooms. Any fraction resulting from this calculation shall be rounded to the nearest whole number of Dwelling Units, or
(3) no less than 35% of the total number of proposed Dwelling Units shall contain at least two or three bedrooms with at least 10% of the total number of proposed Dwelling Units containing three bedrooms. Any fraction resulting from this calculation shall be rounded to the nearest whole number of Dwelling Units.
(d) Modifications.
(1) In NCT, RCD, RTO and the Pacific Avenue and Polk Street NC Districts, these requirements may be waived or modified with Conditional Use Authorization. In addition to those conditions set forth in Section 303, the Planning Commission shall consider the following criteria:
(A) The project demonstrates a need or mission to serve unique populations, or
(B) The project site or existing building(s), if any, feature physical constraints that make it unreasonable to fulfill these requirements.
(2) In Eastern Neighborhoods Mixed Use Districts, these requirements may be waived in return for provision of family-sized affordable units, pursuant to Section 419 et seq. To receive this waiver, 100 percent of the total number of inclusionary units required under Section 415 et seq. or Section 419 et seq. shall contain at least two bedrooms. Also in Eastern Neighborhoods Mixed Use Districts, these requirements may be waived or modified through the Variance process set forth in Section 305, or in the case of projects subject to Section 329, through the procedures of that section.
(3) In DTR Districts, these requirements may be modified per the procedures of Section 309.1.
(4) In the Van Ness & Market Residential Special Use District, these requirements may only be modified pursuant to the procedures of Section 309, regardless of the underlying zoning district.
(e) Monitoring. The Department shall monitor projects that choose Option (2) or (3) in subsection (c) above and shall include that data in the annual Housing Inventory starting in 2019.
(Added by Ord. 72-08, File No. 071157, App. 4/3/2008; amended by Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 188-12
, File No. 111374, App. 9/11/2012, Eff. 10/11/2012; Ord. 42-13
, File No. 130002, App. 3/28/2013, Eff. 4/27/2013; Ord. 56-13
, File No. 130062, App. 3/28/2013, Eff. 4/27/2013; Ord. 62-13
, File No. 121162, App. 4/10/2013, Eff. 5/10/2013; Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015; Ord. 98-17, File No. 160281, App. 5/19/2017, Eff. 6/18/2017; Ord. 205-17, File No. 170418, App. 11/3/2017, Eff. 12/3/2017; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 126-20, File No. 200559, App. 7/31/2020, Eff. 8/31/2020; Ord. 62-24, File No. 230310, App. 3/28/2024, Eff. 4/28/2024)
AMENDMENT HISTORY
Division (b)(3) amended; Ord. 188-12
, Eff. 10/11/2012. Section header and divisions (b)(1), (b)(3), (c)(2), and (d)(1) amended; Ord. 42-13
, Eff. 4/27/2013. Division (b)(3) amended; Ord. 56-13
, Eff. 4/27/2013. Division (d)(2) references corrected; Ord. 62-13
, Eff. 5/10/2013. Division (b)(3) amended; Ord. 22-15, Eff. 3/22/2015. Division (a) amended; divisions (c) - (c)(2)(B) amended and redesignated as (c) - (c)(2); divisions (c)(3) and (e) added; Ord. 98-17, Eff. 6/18/2017. Section header and divisions (a), (b)(1), (c), (c)(3), (d)(1), and (e) amended; Ord. 205-17, Eff. 12/3/2017. Division (c) amended; Ord. 63-20, Eff. 5/25/2020. Section header and divisions (a), (b)(1), and (c) amended; division (d)(4) added; Ord. 126-20, Eff. 8/31/2020. Division (b)(4) added; Ord. 62-24, Eff. 4/28/2024.
(a) Purpose. To ensure an adequate supply of family-sized units in new housing stock, new residential construction must include a minimum percentage of units of at least two and three bedrooms.
(b) Applicability.
(1) This Section 207.7 shall apply to all applications for building permits and/or Planning Commission entitlements that propose the creation of 10 or more Dwelling Units in all districts that allow residential uses, unless that project is located in the RTO, RCD, NCT, DTR, and Eastern Neighborhoods Mixed Use Districts, or in an area or Special Use District with higher specific bedroom mix requirements, or is a HOME SF project subject to the requirements of Planning Code Section 206.3.
(2) This Section 207.7 shall not apply to buildings for which 100% of the residential uses are: Group Housing, Dwelling Units that are provided at below market rates pursuant to Section 406(b)(1) of this Code, Single Room Occupancy (SRO) Units, Student Housing (all as defined in Section 102 of this Code), or housing specifically and permanently designated for seniors or persons with physical disabilities, including units to be occupied by staff serving any of the foregoing residential uses. This Section 207.7 shall apply to Student Housing unless the educational institution with which it is affiliated has an Institutional Master Plan that the City has accepted, as required under Planning Code Section 304.5.
(3) This Section 207.7 shall not apply to projects that filed a complete Environmental Evaluation Application on or prior to January 12, 2016, or to projects that have received an approval, including approval by the Planning Commission, as of June 15, 2017.
(5) This Section 207.7 shall not apply to applications for permits or entitlements to construct Accessory Dwelling Units or Junior Accessory Dwelling Units.
(c) Controls. In all residential districts subject to this Section 207.7
, the following criteria shall apply:
(1) No less than 25% of the total number of proposed dwelling units shall contain at least two bedrooms. Any fraction resulting from this calculation shall be rounded to the nearest whole number of dwelling units;
(2) No less than 10% of the total number of proposed dwelling units shall contain at least three bedrooms. Any fraction resulting from this calculation shall be rounded to the nearest whole number of dwelling units. Units counted towards this requirement may also count towards the requirement for units with two or more bedrooms as described in subsection (c)(1).
(d) Modifications.
(1) These requirements may be waived or modified with Conditional Use Authorization. In addition to those conditions set forth in Section 303, the Planning Commission shall consider the following criteria:
(A) The project demonstrates a need or mission to serve unique populations, or
(B) The project site or existing building(s), if any, feature physical constraints that make it unreasonable to fulfill these requirements.
AMENDMENT HISTORY
Editor’s Note:
For current provisions relating to demolition, merger, and conversion of dwelling units, see Sec. 317.
In order to ensure an adequate supply of family-sized units in existing and new housing stock, the subdivision of existing units is restricted. The division of any existing Dwelling Unit into two or more units in RTO, Polk Street NCD, Pacific Avenue NCD, and NCT districts shall be permitted only if it meets both of the following conditions:
(a) The existing unit exceeds 2,000 occupied square feet or contains more than 3 bedrooms; and
(b) At least one of the resulting units is no less than 2 bedrooms and 1,250 square feet in size.
AMENDMENT HISTORY
Section header and undesignated introductory paragraph amended; Ord. 205-17, Eff. 12/3/2017.
(See Interpretations related to this Section.)
(a) For Group Housing, the maximum number of Bedrooms on each Lot shall be as specified in the Zoning Control Table for the District in which the Lot is located, except that in RTO, RTO-M, RCD, UMU, MUG, WMUG, MUR, MUO, CMUO, WMUO, RED, RED-MX, SPD, DTR, and all NCT Districts the density of Group Housing shall not be limited by lot area, and except that for Lots in NC Districts, the group housing density shall not exceed the number of Bedrooms permitted in the nearest R District provided that the maximum density not be less than the amount permitted by the ratio specified for the NC District in which the lot is located. For Homeless Shelters, the maximum number of beds on each lot shall be regulated pursuant to the requirements of the Standards of Care for City Shelters contained in Administrative Code, Chapter 20, Article XIII, in addition to the applicable requirements of the Building Code and Fire Code.
(b) For purposes of calculating the maximum density for Group Housing as set forth in this Section 208, the number of Bedrooms on a lot shall in no case be considered to be less than one Bedroom for each two beds. Where the actual number of beds exceeds an average of two beds for each Bedroom, each two beds shall be considered equivalent to one Bedroom.
(c) The rules for calculating dwelling unit density set forth in Section 207 shall also apply in calculating the density limits for Group Housing.
(d) The group housing density in all RTO Districts and all NCT Districts, as listed in Section 702.1(b), shall not be limited by lot area, but by the applicable requirements and limitations elsewhere in this Code, including but not limited to height, bulk, setbacks, open space, and exposure, as well as by the Residential Design Guidelines in RTO Districts, other applicable design guidelines, applicable elements and area plans of the General Plan, and design review by the Planning Department.
(Added by Ord. 443-78, App. 10/6/78; amended by Ord. 69-87, App. 3/13/87; Ord. 131-87, App. 4/24/87; Ord. 115-90, App. 4/6/90; Ord. 368-94, App. 11/4/94; Ord. 262-00, File No. 001426, App. 11/17/2000; Ord. 72-08, File No. 071157, App. 4/3/2008; Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 42-13
, File No. 130002, App. 3/28/2013, Eff. 4/27/2013; Ord. 14-15
, File No. 141210, App. 2/13/2015, Eff. 3/15/2015; Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015; Ord. 30-15
, File No. 140954, App. 3/26/2015, Eff. 4/25/2015; Ord. 188-15
, File No. 150871, App. 11/4/2015, Eff. 12/4/2015; Ord. 129-17
, File No. 170203, App. 6/30/2017, Eff. 7/30/2017; Ord. 296-18, File No. 180184, App. 12/12/2018, Eff. 1/12/2019)
AMENDMENT HISTORY
Division (a) and [former] Table 208 amended; Ord. 42-13
, Eff. 4/27/2013. Section header, undesignated introductory paragraph, and division (a) amended; Ord. 14-15
, Eff. 3/15/2015. Undesignated introductory paragraph and division (a) amended; former Table 208 deleted; division (b) amended; Ord. 22-15, Eff. 3/22/2015. Division (c) amended; Ord. 30-15
, Eff. 4/25/2015. Nonsubstantive changes; Ord. 188-15
, Eff. 12/4/2015. Undesignated introductory paragraph amended; Ord. 129-17
,, Eff. 7/30/2017. Undesignated introductory paragraph and division (a) amended; Ord. 296-18, Eff. 1/12/2019.
The following statements of description and purpose outline the main functions of the Residential and Residential-Commercial (Residential) Districts in the zoning plan for San Francisco, supplementing the statements of purpose contained in Section 101 of this Code.
(a) Purpose. These Districts are established for purposes of implementing the Residence element and other elements of the General Plan, according to the objectives, principles and policies stated therein. Among these purposes are the following:
(1) Preservation, improvement and maintenance of the existing housing stock through protection of neighborhood environments and encouragement of sound ownership practices and rehabilitation efforts;
(2) Recognition and protection of the architectural characteristics and densities of existing residential areas;
(3) Maximizing of housing choice by assuring the availability of quality owner and rental housing of various kinds, suitable for a whole range of household types, lifestyles and economic levels;
(4) Encouragement of residential development that will meet outstanding community needs, provide adequate indoor and outdoor spaces for its occupants, and relate well to the character and scale of existing neighborhoods and structures; and
(5) Promotion of balanced and convenient neighborhoods having appropriate public improvements and services, suitable nonresidential activities that are compatible with housing and meet the needs of residents, and other amenities that contribute to the livability of residential areas.
(Amended as Sec. 206 by Ord. 443-78, App. 10/6/78; Ord. 115-90, App. 4/6/90; Ord. 298-08, File No. 081153, App. 12/19/2008; redesignated and amended by Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015)
(Former Sec. 209 added by Ord. 532-85, 1985; amended by Ord. 443-78, App. 10/6/78; Ord. 217-05, File No. 050865, App. 8/19/2005; repealed by Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015)
AMENDMENT HISTORY
Former Sec. 206 redesignated as Sec. 209; section header amended; undesignated introductory paragraph amended and portion thereof designated as current division (a); former divisions (a)-(e) redesignated as (a)(1)-(5); former undesignated concluding paragraph deleted; division (b) added; Ord. 22-15, Eff. 3/22/2015.
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