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Board advances ADU ordinance but supervisors warn state preemption limits rent-control protections for single‑family ADUs
Summary
The Board passed an amendment to the accessory dwelling unit (ADU) ordinance allowing ADUs to be approved during new-construction permits, but Supervisor Aaron Peskin said recent changes in state law preempt local rent-control authority for ADUs in single-family homes.
The board approved an ordinance on first reading to amend the planning code to authorize accessory dwelling units (ADUs) during new construction, clarify ministerial approval procedures, and create an expedited appeals process for certain single-family ADUs. The measure passed first reading as amended.
Supervisor Ahsha Safa‑Yi (chair of the committee that brought the item) called the legislation a "strong step forward in ensuring we get more housing, more density," saying it mirrors state law and aligns local tables and notice processes to protect tenants. The ordinance allows the ADU to be established during construction rather than retroactively, and includes notice provisions for existing tenants and safety measures such as sprinklers.
Supervisor Aaron Peskin described the broader legal context and consequences for local rent-control authority. He said state-level ADU legislation now preempts the city's ability to impose rent control on ADUs created within single-family homes, while local rent-control authority for ADUs inside multi-family buildings remains. Peskin said, "this is legislation that for all intents and purposes, means that single family zoning in San Francisco no longer exists" and that the city is "preempted" on rent-control for single-family ADUs; he said he would work with Assembly Member Phil Ting and consider bringing a resolution opposing Assembly Bill 68 if needed.
Deputy City Attorney John Givner responded to a question about CC&Rs by explaining that private covenants are separate private agreements; the ordinance changes city zoning rules but does not alter private CC&Rs, which remain enforceable among homeowners.
Action: The ordinance, as amended on the floor, passed first reading by an 11–0 roll-call vote.
Ending: Supervisors said the ordinance is intended to facilitate added housing in new construction while conforming to state law; Peskin and others said they will continue to pursue state-level changes to restore local flexibility on rent control in single-family situations.
