San Francisco ADU / Granny Flat Ordinance

http://caladu.org/ordinance/San-Francisco-8-3-2017.pdf

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BOARD of SUPERVISORS

August I , 20 17

City Hall

I Dr. Ca rlton B. Goodlett Place Room 244

San Francisco, CA 94102-4689 Tel. No.554-5184

Fax No. 554-5163

TDD/TTY No. 544-5227

SENT CERTIFJ ED MA IL (Return Receipt Requested)

Department of Housing and Comm un ity Development State of California

2020 West El Camino Avenue

Sacramento, CA 95833-1829 Attn: Alicia Murillo

SUBJECT: Transmittal of San Francisco Planning Code Amend ments

Dear Ms. Mu rillo,

Pursuant to Californ ia Govern ment Code, Section 65852.2(h), enclosed please find a certified copy of the following legislation, which was finally passed by the Board of Supervisors of the City and County of San Francisco, and approved by the Mayor, on the dates specified:

Ordinance No. 162-17 (File No. 170434) Ord inance amend ing the Planning Code to mod ify the req u irements and procedures for authorizing the construction of Accessory Dwel ling U nits (ADUs) to i ncl ude ADUs in RH- I (D) zoning d istricts i n the Citywide program , apply the cap on number of A DUs to lots rather than bu ild ings and remove the cap on bu ildings undergoing seism ic retrofitting, allow the construction of ADUs expanding into the habitable area u nder certain cond itions, make an exception to the prohi bition aga inst constructing an ADU where there has been a no-fau lt eviction in those cases where the tenant has been temporarily evicted in order for the owner to perform capita l improvements , rehabilitation work, or lead remed iation or abatement work, requ ire mod ification of the project if construction of the ADU wou ld have adverse im pacts on any known historic resource, and requ ire the Plann ing Depaitment to apply all enacted design gu idel i nes to ensure architectura l compatibility of the A DU with existing bu ild ings on the subject lot; affirming the Planning Department’ s determ ination under the California Environmenta l Qual ity Act; making findings of consistency with the General Plan, and the eight priority pol icies of Plan n ing Code, Section 101 .1, and find ings of pu blic conven ience, necessity, and welfare under Planning Code, Section 302; and directing the Clerk to send a copy of th is Ord inance to the Cal iforn ia Department of Housing and Community Development after adoption pursuant to state law requ irements.

(Board of Supervisors Finally Passed 71181201 7) (Mayor Approved 712 71201 7)

If you have any questions or requ ire add itiona l information , please contact Erica Major, Assistant Clerk, at (415) 554-4441 or email Erica. Major@sfgov.org.

Sincerely,

An gela C o Clerk of the Board

r

City and County of San Francisco

Certified Copy Ordinance

City Hall

I Dr. Carlton B. Goodlett Place San Francisco , CA 94 102-4689

170434

[ Planning Code Construction of Accessory Dwelling Units ] Sponsor: Peskin

Ordinance amending the Planning Code to modify the requirements and procedures for authorizing the construction of Accessory Dwelling Units (ADUs) to include ADUs in RH-1(D) zoning districts in the Citywide program, apply the cap on number of ADUs to lots rather than buildings and remove the cap on buildings undergoing seismic retrofitting, allow the construction of ADUs expanding into the habitable area under certain conditions, make an exception to the prohibition against constructing an ADU where there has been a no-fault eviction in those cases where the tenant

has been temporarily evicted in order for the owner to perform capital improvements , rehabilitation work , or lead remediation or abatement work, require modification of the project if construction of the ADU would have adverse impacts on any known historic resource, and require the Planning Department to apply all enacted design guidelines to ensure architectural compatibility of the ADU with existing buildings on the subject lot; affirming the Planning Departments determination under the California Environmental Quality Act; making findings of consistency with the

General Plan, and the eight priority policies of Planning Code, Section 101.1, and findings of public convenience, necessity , 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 after adoption pursuant to state law requirements.

7/11/2017 Board of Supervisors AMENDED , AN AMENDMENT OF THE WHOLE BEARING NEW TITLE

Ayes: 11 Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy , Tang and Yee

7/11/2017 Board of Supervisors PASSED ON FIRST READING AS AMENDED

Ayes: 11 Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy , Tang and Yee

7/18/2017 Board of Supervisors FlNALLY PASSED

Ayes: 11 Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang and Yee

7/27/2017 Mayor APPROVED

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

City mul County of Sn11 Fm11cisco P11ge I Pri11ted at 8:26 am 011 7131117

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File Number: 170434 Enactment Number: 162-17

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STATE OF CALIFORNIA

CITY AND COUNTY OF SAN FRANCISCO

July 31, 2017

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

Date

CLERK’S CERTIFICATE

I do hereby certify that the foregoing Ordinance is a full, true, and correct copy of the original thereof on file in this office.

IN WITNESS WHEREOF , I have hereunto set my hand and affixed the offical seal of the City and County of San Francisco.

………

Clerk of the Board

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

City w1tl Co1111ty of Sn11 Francisco Pnge 2 Printed at 8:26 am on 713111 7

FILE NO. 170434

AMENDED IN BOARD

7/11/2017 ORDINANCE NO. 162-17

1 [Planning Code – Construction of Accessory Dwelling Units] 2

3 Ordinance amending the Planning Code to bfiflg moditv the requirements and

4 procedures for authorizing the construction of Accessory Dwelling Units (ADUs) iQ

  1. include ADUs in RH-110\ zoning districts in the Citywide program. apply the cap on
  2. number of APUs to lots rather than buildings and remove the cap on buildings
  3. undergoing seismic retrofitting. allow the construction of APUs expanding into the
  4. buildable or habitable area under certain conditions. modify the definition of existing
  1. .’!built-envelope” to include space that was added under permit as “rooms down,” 4)

1O a-Uov.. conversion of vacant commercial space under specified circumstances, 5) make

11 an exception to the prohibition against constructing an ADU where there has been a

12 no-fault eviction in those cases where the tenant has been temporarily evicted in order

  1. for the owner to perform capital improvements. rehabilitation work. or lead remediation
  2. or abatement work. require modification of the project if construction of the APU would
  1. have adverse impacts on any known historic resource. and require the Planning
  1. Department to apply all enacted design guidelines to ensure architectural compatibility

17 of the APU with existing buildings on the subject lot in single family homes into

  1. Genformity-with the ne•.v mandates of state Jaw; affirming the Planning Department’s
  2. determination under the California Environmental Quality Act; making findings of
  3. consistency with the General Plan, and the eight priority policies of Planning Code,
  4. Section 101.1, and findings of public convenience, necessity, and welfare under
  5. Planning Code, Section 302; and directing the Clerk to send a copy of this Ordinance to
  6. the California Department of Housing and Community Development after adoption
  7. pursuant to state law requirements.

25

Supervisor Peskin

BOARD OF SUPERVISORS Page 1

1 NOTE: Unchanged Code text and uncodified text are in plain Arial font.

Additions to Codes are in single-underline italics Times New Roman font.

2 Deletions to Codes are in t1114/wthreugh itelies Timet1 New Renum.ftmt.

Board amendment additions are in double-underlined Arial font.

  1. Board amendment deletions are in stril<ethrough Arial font.

Asterisks (* * * *) indicate the omission of unchanged Code

  1. subsections or parts of tables.
  2. Be it ordained by the People of the City and County of San Francisco:

6

  1. Section 1. General Findings.
  2. (a) The Planning Department has determined that the actions contemplated in this
  1. ordinance comply with the California Environmental Quality Act (California Public Resources
  1. Code Sections 21000 et seq.). Said determination is on file with the Clerk of the Board of
  1. Supervisors in File No. 170125 and is incorporated herein by reference. The Board affirms
  1. this determination.
  1. (b) On January 24, 2017, the Planning Commission, in Resolution No. 19859,
  1. adopted findings that the actions contemplated in this ordinance are consistent, on balance,
  1. with the City’s General Plan and eight priority policies of Planning Code Section 101.1. The
  1. Board adopts these findings as its own. A copy of said Resolution is on file with the Clerk of
  1. the Board of Supervisors in File No. 170125, and is incorporated herein by reference.
  1. (c) Pursuant to Planning Code Section 302, the Board of Supervisors finds that
  1. these Planning Code amendments will serve the public necessity, convenience, and welfare
  1. for the reasons set forth in Planning Commission Resolution No. 19859 and incorporates such
  1. reasons herein by reference.

22

  1. Section 2. Specific Findings.
  2. (a) In 1982, the Legislature originally enacted the state’s second unit law in
  1. response to a serious statewide housing shortage. In California Government Code Section

Supeivisor Pesl<in

BOARD OF SUPERVISORS

Page 2

  1. 65852.150, the Legislature found and declared that “second units are a valuable form of
  1. housing in California” and Section 65852.2 encouraged local governments to enact legislation
  1. that allowed and regulated second units within the jurisdiction. The California second unit law
  1. has been amended several times since 1982, each time imposing additional limitations on the
  1. local regulation of second units.

6 (b) On January 1, 2017, new amendments to California’s second unit law (in which

  1. second units were renamed accessory dwelling units) went into effect. California Government
  1. Code Section 65852.150 was amended to declare that California’s housing crisis is now
  1. severe. The amendments mandate local governments, including those with a charter, to
  1. approve ministerially one accessory dwelling unit in an existing single-family home located in
  1. a single-family zoning district, or in a detached structure on the same lot, if the accessory
  1. dwelling unit meets the standards enacted by the Legislature.
  1. (c) A local government may adopt less restrictive requirements for accessory
  2. dwelling units than the mandated state standards. However, a local ordinance that does not
  1. include all the provisions required by state law, or that does not otherwise fully comply with
  1. the new requirements, is unenforceable unless and until it is amended to comply.
  1. (d) On May 12, 2017. Ordinance 95-17 was enacted to bring :+his ordinanee
  2. ameFHis San Francisco’s requirements and procedures for the review and approval of
  1. accessory dwelling units in-erder to bring them into full compliance with the recent state
  1. mandates. Ordinance 95-17 became effective on June 11, 2017. This ordinance enacts
  1. additional policy changes. 22
  1. Section 3. The Planning Code is hereby amended by revising Sections 102 and 207,
  1. to read as follows: 25

Supervisor Peskin

BOARD OF SUPERVISORS Page 3

1 SEC. 207. DWELLING UNIT DENSITY LIMITS.

2 * * * *

3 (c) Exceptions to Dwelling Unit Density Limits. An exception to the calculations

4 under this Section 207 shall be made in the following circumstances:

5 * * * *

        • (4) Accessory Dwelling Units in Multifamily Buildings; Accessory
  1. Dwelling Units in Single-Family Homes That Do Not Strictly Meet the Requirements in

8 Subsection (c)(6).

9 (A) Definition. An “Accessory Dwelling Unit” (ADU) is defined in

1O Section 102.

11 (B) Applicability. This subsection (c)(4) shall apply to the construction

  1. of Accessory Dwelling Units on all lots located within the City and County of San Francisco in
  1. areas that allow residential use, except that construction of an Accessory Dwelling Unit is
  1. regulated by subsection (c)(6), and not this subsection (c}(4), if all of the following

15 circumstances exist:

16 (i)

  1. (ii)

only one ADU will be constructed;

the ADU will be located on a lot that is zoned for single-

  1. family or multifamily use and contains an existing single-family dwelling
  1. (iii) · the ADU will be constructed entirely within the “living area”
  1. (as defined in subsection (c)(6)(B. G)(iii) or the buildable area of an existing single-family home
  1. or within the built envelope of an existing and authorized auxiliary structure on the same lot;

22 (iv) the ADU will strictly meet the requirements set forth in

23 subsection (c)(6) without requiring a waiver of Code requirements pursuant to subsection 24 (c)(4)(G); and

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Supervisor Peskin

BOARD OF SUPERVISORS Page 4

1 (v) the permit application does not include seismic upgrade

  1. work pursuant to subsection (c)(4)(F);
  1. provided, however, that the Department shall not approve an application for construction of
  1. an Accessory Dwelling Unit in any building regulated by this subsection (c)(4) where a tenant
  1. has been evicted pursuant to Administrative Code Sections 37.9(a)(9) through 37.9(a)(14)
  1. under a notice of eviction served within 10 years prior to filing the application for a building
  1. permit to construct the ADU or where a tenant has been evicted pursuant to Administrative
  1. Code Section 37.9(a)(8) under a notice of eviction served within five years prior to filing the
  1. application for a building permit to construct the ADU. This provision shall not apply if the 1O tenant was evicted under Section 37.9(a)(11lor 37 .9(al(14) and the applicantlsl eitherIA)
  1. have certified that the original tenant reoccupied the unit after the temporarv eviction or <Bl
  2. have submitted to the Department and to the Rent Board a declaration from the propertv
  3. owner or the tenant certifying that the property owner or the Rent Board notified the tenant of
  1. the tenant’s right to reoccupy the unit after the temporary eviotion and the tenant chose not to
  1. reoccupy it.

16 (C) Controls on Construction. An Accessory Dwelling Unit is

  1. permitted to be constructed under the following conditions:
  1. (i) For OOilffiA§s lots that have four existing Dwelling Units or
  1. fewer, one ADU is permitted; for buildings lots that have more than four existing Dwelling
  1. Units or are underaoing seismic retrofitting under subsection IF) below, there is no limit on the
  1. number of ADUs permitted.
  1. (ii) An Accessory Dwelling Unit shall be constructed entirely
  1. within the built envelope of an existing building or within the built envelope of an existing and
  1. authorized auxiliary structure on the same lot, as the built envelope in either case existed
  1. three years prior to the time the application was filed for a building permit to construct the

Supervisor Peskin

BOARD OF SUPERVISORS

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      • ADU. For purposes of this provision, the “built envelope” shall include all spaoes inoluEleEl-ift
    1. 6Bning Administrator Bulletin-4,as amended from limo to time, as well as any infilling
    2. underneath rear mdonsions tho open area under a oantilovored room or room built on
    3. oolumns; deols. exoept for deol<s that enoroaoh into the required rear yarEl, or deol<s that are
    4. !Jorted by oolumns or walls other than the building wall to •.vhioh it is attaohed and are
    5. multi level or more than 1O feet abov.e grade; and lightwell infills provided that the infill will-be
    6. against a blanl< neighboring wall at the property line and not visible from any off site location;
    7. as these spaces mcist as of duly 11, 2016 and except for any of these spaces that encroaoh
    8. on the required rear yard. In the event that an /\DU is built in any of these additional spaoes, 1O suoh oonstruolion shall require notioe pursuant to Planning Code geotion :il11 or :il12. the
  1. open area under a cantilevered room or room built on columns: decks, except for decks that
  1. encroach into the required rear yard. or decks that are supported by columns or walls other
  2. than the building wall to which it is attached and are multi-level or more than 10 feet above
  3. grade: and lightwell infills provided that the infill will be against a blank neighboring wall at the
  4. property line and not visible from any off-site location· as these spaces exist as of July 11.
  5. 2016 and except for any of these spaces that encroach on the required rear yard.

17 (iii) An Accessory Dwelling Unit shall not be constructed using

  1. space from an existing Dwelling Unit except that an ADU may (a) mcpand into the buildable
  2. area on the ground floor or (b) Mpand into habitable space on the ground or basement floors
  3. provided that it does not exceed 25% of the gross square footage of such space. The Zoning
  4. Administrator may waive this 25% limitation ifla) the resulting space would not be usable or
  5. would be impractical to use for other reasonable uses included but not limited to storage or
  6. bicycle parking or lb) waiving the limitation would help relieve any negative layout issues for
  7. the proposed ADU. the allowable area may inolude any residential spaoe added under permit
  8. as “rooms down-;

Supervisor Peskin

BOARD OF SUPERVISORS Page 6

1 * * * *

2 (vi) An Accessory Dwelling Unit shall not be permitted in any

  1. building in a Neighborhood Commercial District or in the Chinatown Community Business or
  1. Visitor Retail Districts if it would eliminate or reduce a ground-story retail or commercial space.
  1. l=!Bwe_ver, in l’Jeighberheed Commeroial Districts, conversion of vacant commeroial spacelo
  1. an /\DU is permitted so long as that commercial space is nol street facing or does nol
  2. constitute more than a 25% reduction of thelolal commercial space onlhal lot.

8 (F) Buildings Undergoing Seismic Retrofitting. For Accessory

9 Dwelling Units on lots with a building undergoing mandatory seismic retrofitting in compliance 1O with Chapter 4D of the Existing Building Code or voluntary seismic retrofitting in compliance

  1. with the Department of Building Inspection’s Administrative Bulletin 094, the following
  1. additional provision applies: If allowed by the Building Code, a building in which an Accessory
  1. Dwelling Unit is constructed may be raised up to three feet to create ground floor ceiling
  1. heights suitable for residential use. Such a raise in height

15 (i) shall be exempt from the notification requirements of

  1. Sections 311 and 312 of this Code; and
  1. (ii) may expand a noncomplying structure, as defined in
  1. Section 180(a)(2) of this Code and further regulated in Sections 172, 180, and 188, without
  1. obtaining a variance for increasing the discrepancy between existing conditions on the lot and
  2. the required standards of this Code.
  1. (iii) on lots where an ADU is added in coordination with a
  1. building undergoing mandatory seismic retrofitting in compliance with Chapter 4D of the
  1. Existing Building Code or voluntary seismic retrofitting in compliance with the Department of
  1. Building Inspection’s Administrative Bulletin 094, the building and the new ADU shall maintain

25

Supervisor Peskin

BOARD OF SUPERVISORS Page 7