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Board expands accessory dwelling unit allowances in two districts, inserts building-envelope protection
Summary
Supervisors unanimously approved ordinances allowing accessory dwelling units (ADUs) in Supervisorial Districts 8 and 3, and accepted a drafting amendment to reinstate a provision limiting ADUs to existing building envelopes; the city attorney and sponsors said the change corrected an inadvertent deletion in prior drafting.
SAN FRANCISCO — The Board of Supervisors on July 28 unanimously approved two ordinances to allow accessory dwelling units (ADUs) within Supervisorial Districts 8 and 3. The ordinances extend earlier ADU allowances (including Castro and seismic-retrofit exceptions) to additional districts, while keeping units within existing building envelopes so the additions do not increase building mass or alter neighborhood character.
Supervisor Scott Wiener explained the policy rationale: ADUs (commonly called 'in-law' units) add housing throughout neighborhoods without adding height or bulk and can create rent-controlled units where the main building is already rent-controlled. The legislation expands an approach the Board has taken previously and drew support from multiple supervisors and neighborhood groups.
Deputy City Attorney John Gibner described a drafting error that had deleted a provision requiring ADUs built as part of seismic retrofit projects to be contained within the existing building envelope. The board accepted an amendment re-inserting the provision (an added subsection requiring that ADUs be constructed entirely within the existing building envelope or auxiliary structure as it existed three years prior to the permit application). The amendment was taken without objection and the ordinances passed as amended.
Board and staff also flagged a set of additional possible amendments that were not part of the ordinances considered that day: (1) prohibiting ADUs in buildings where an Ellis Act eviction occurred in the previous ten years; (2) prohibiting sale/subdivision of ADUs separate from the main unit; and (3) prohibiting short-term rentals of ADUs. Planning staff said those proposed changes had been referred back to the Planning Commission for consideration and would return to the board later; none of those conditions were adopted in the two ordinances before the board that day.
Why it matters
The ADU legislation aims to increase housing supply incrementally and in ways intended to preserve neighborhood scale. By clarifying that ADUs must fit within existing building envelopes, the board limited visual and massing impacts while expanding opportunities for new, often lower-cost rental units.
Speakers and who said what
- Supervisor Scott Wiener — sponsor; argued the measure would add housing without adding bulk or height and that ADUs can be among the most affordable non-subsidized housing types.
- Deputy City Attorney John Gibner — explained the drafting omission and described the amendment to restore the 'existing building envelope' requirement.
- Aaron Starr, Planning Department legislative affairs manager — clarified that ADUs are limited to unoccupied floor areas (e.g., garages or storage) and that ADUs are exempt from additional parking requirements.
Next steps
The board approved the two ordinances as amended; the Planning Commission will still consider related policy issues (such as short-term rental restrictions, Ellis Act eviction history and prohibition on ADU subdivision) and any further amendments will return to the board.
Ending
Supervisors said they will continue to monitor implementation and enforcement questions, including how planning will track ADUs to prevent unintended short-term rental conversions.
