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Committee amends and continues ADU condominium‑conversion ordinance after discussion and public comment
Summary
The committee voted 3-0 to amend and continue an ordinance allowing certain accessory dwelling units (ADUs) to be conveyed as condominiums; amendments relocate requirements to the subdivision code, clarify eligibility, and limit application to ADUs created under the state ADU program with construction applications filed after May 1, 2025.
The Land Use and Transportation Committee on April 21 voted to amend and continue an ordinance that would allow separate condominium conveyance of certain accessory dwelling units (ADUs) and associated primary dwelling units. The item was continued to April 28, 2025 so committee members and stakeholders could review amended text.
Supervisor Joel Engardio (sponsor) and Planning Department staff described the amendments read into the record as technical and substantive clarifications requested by the Planning Commission. Key changes read into the record include: removing language that would otherwise preclude subdivision of new ADUs under the local ADU program; moving ADU project subdivision requirements from the Planning Code into the Subdivision Code; clarifying that ADU construction applications may be submitted concurrently with a condominium subdivision application; defining eligible ADU projects as those created pursuant to the state‑mandated ADU program with construction applications submitted on or after May 1, 2025; and clarifying eligibility (for existing homes, ADUs must be fully detached; for proposals with new dwellings, ADUs may be detached or attached).
Planning staff noted the Planning Commission had recommended limiting the program to existing single‑family homes and condominiums building new detached ADUs and new construction single‑family homes or condominiums proposing detached or attached ADUs. Public comment expressed concern about tenant protections and the public posting of the amended legislation: Eileen Bogan (Coalition for San Francisco Neighborhoods) noted the amended legislation had not been posted for two months since the Planning Commission’s action; Mitchell Omerberg (Affordable Housing Alliance) raised tenant protection concerns for ADUs that might be occupied during the conversion and asked for additional review.
The committee chair moved to amend the ordinance as read into the record by the sponsor and continue the item one week to April 28, 2025 to allow stakeholders time to review the amended draft. The motion passed 3-0 (Chen, Mahmood, Melgar). No final Board referral was taken at this hearing; the item will return to committee on April 28, 2025.
